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I too have received a SD from capquest for approx £1200 for a credit card debt that i havent paid / or acknowledged for approx 2 years , what happens if i just ignore this ,it was sent to my parents address as i have moved and they dont have my new address.

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From everything I have read here the general opinion is not to ignore a SD but apply to have it set aside within the 18 day window.

 

When filing for a set aside you should work out a schedule of your costs covering time researching (that includes reading threads here) travel to court etc and submit it to the court before the date of the set aside hearing.

 

I'm a relative noob at this but must say that the advice on this site is spot on and has saved us a lot of worry. DCAs count on your fear and uncertainty to get you to knuckle under. If you stand up to them they tend to slink off like most bullies when confronted.

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If The SD Just came through the post then I would ignore it!! For starters If it not served correctly then its not valid ..and you can always deny never receiving one AND CRAPQUEST cant be that serious about it ..otherwise they would of served it correctly

Edited by babydoll0141917
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im gonna enjoy the bank holiday weekend then fire a SAR off to Halifax and see what information they hold, I will also send another account in dispute letter to [email protected] and advise them that ive sent a SAR off to Halifax.

 

The SD has never been acknowledged or mentioned in any communication between us..

 

Updates to follow....

The views expressed on this website are mine alone and don't reflect the views of my employer!

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If The SD Just came through the post then I would ignore it!! For starters If it not served correctly then its not valid ..and you can always deny never receiving one AND CRAPQUEST cant be that serious about it ..otherwise they would of served it correctly

 

This is right - sort of. If you admit receiving the SD then it doesn't matter how it was delivered. IT is valid if you acknowledge it - regardless of how it is delivered.

 

If the SD is served by personal service or recorded delivery then you really should take it seriously.

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This is right - sort of. If you admit receiving the SD then it doesn't matter how it was delivered. IT is valid if you acknowledge it - regardless of how it is delivered.

 

If the SD is served by personal service or recorded delivery then you really should take it seriously.

 

Just has i thought Nicklea!! I havent acknowledged mine..only will if personnal served ;)

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thought so.. i would never acknowledge the SD delivered via standard post, if it was served by hand or recorded post then id be straight off to the court to get a set aside. They probably hate people like us..

The views expressed on this website are mine alone and don't reflect the views of my employer!

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A word of caution:

 

 

The service of a Statutory Demand can be by various means, it may be possible to speculate on how serious the creditor is depending on their choice of service, however, the fact that the demand is posted shouldn’t allow an assumption to made that the creditor will not follow up with the petition. 1st Credit/Connaught have been sending their Statutory Demands out via 2nd class pot, this I was hoping to challenge.

 

The wording of CPR PD INSOLV 11.1 states: "where it is not possible to effect prompt personal service, service may be effected by other means such as first class post...", which does not entirely rule out second class post. However, it would probably be possible to obtain an extension of time in which to respond to the demand if sending it by second class post meant that it actually arrived later than the seventh day after posting, which is deemed to be the date of service for a Statutory Demand sent by first class post.

 

Under further investigation of the Insolvency practice directions it should be noted that the service of the Statutory Demand should only be served by post if the creditor has tried to bring it to the debtor’s attention via a personal service, where possible. The process involved is set out in CPR PD INSOLV 11.4 .

 

The creditor is under obligation to take reasonable steps to bring the demand to the debtor’s attention and if, practicable, personal service should take place. Where this is not possible, the creditor is allowed to serve the demand either via post or through a letterbox, but it is expected that following steps have taken place first:

  • One personal visit to each of the debtor’s known residencies and places of business
  • If it is not possible to serve the Statutory Demand during the visit(s), a letter should be sent to the debtor making her/him aware of the visit(s) have taken place and purpose of the visit(s). The letter should also state that another visit will be made for the same purpose and specify the date, time and place. At least two business days’ notice must be given. The letter should also state that if the time and place are inconvenient, the debtor should name a reasonable alternative. The letter can also state that if the debtor fails to keep the appointment, the demand will be posted/inserted through a letterbox and, if a bankruptcy petition is presented, the court will be requested to accept this as a service of demand. Copies of the letter should be sent to all known addresses of the debtor.

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A word of caution:

 

 

The service of a Statutory Demand can be by various means, it may be possible to speculate on how serious the creditor is depending on their choice of service, however, the fact that the demand is posted shouldn’t allow an assumption to made that the creditor will not follow up with the petition. 1st Credit/Connaught have been sending their Statutory Demands out via 2nd class pot, this I was hoping to challenge.

 

The wording of CPR PD INSOLV 11.1 states: "where it is not possible to effect prompt personal service, service may be effected by other means such as first class post...", which does not entirely rule out second class post. However, it would probably be possible to obtain an extension of time in which to respond to the demand if sending it by second class post meant that it actually arrived later than the seventh day after posting, which is deemed to be the date of service for a Statutory Demand sent by first class post.

 

Under further investigation of the Insolvency practice directions it should be noted that the service of the Statutory Demand should only be served by post if the creditor has tried to bring it to the debtor’s attention via a personal service, where possible. The process involved is set out in CPR PD INSOLV 11.4 .

 

The creditor is under obligation to take reasonable steps to bring the demand to the debtor’s attention and if, practicable, personal service should take place. Where this is not possible, the creditor is allowed to serve the demand either via post or through a letterbox, but it is expected that following steps have taken place first:

  • One personal visit to each of the debtor’s known residencies and places of business
  • If it is not possible to serve the Statutory Demand during the visit(s), a letter should be sent to the debtor making her/him aware of the visit(s) have taken place and purpose of the visit(s). The letter should also state that another visit will be made for the same purpose and specify the date, time and place. At least two business days’ notice must be given. The letter should also state that if the time and place are inconvenient, the debtor should name a reasonable alternative. The letter can also state that if the debtor fails to keep the appointment, the demand will be posted/inserted through a letterbox and, if a bankruptcy petition is presented, the court will be requested to accept this as a service of demand. Copies of the letter should be sent to all known addresses of the debtor.

 

but what happens if they havnt followed that process? Do they have to prove to the court that they have tried to serve the SD as per the guidelines?

 

Surely a SAR to them would show up any attempt/letter sent to show they had attempted to serve the SD

The views expressed on this website are mine alone and don't reflect the views of my employer!

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This was taken from another site, but I can't see any harm posting it here as it was drawn up in collaboration with seq!

 

Debt Collection agencies & Statutory Demands

 

a few strategies

 

 

Of late, more and more Debt Collection agencies seem to have a penchant for bankruptcy proceedings rather than going down the traditional route of County Court money judgments. It may seem that these agencies send out Statutory Demands purely as a scare tactic but each case should be treated as if the intention is to issue the Creditor’s petition.

 

The service of a Statutory Demand can be by various means, it may be possible to speculate on how serious the creditor is depending on their choice of service, however, the fact that the demand is posted shouldn’t allow an assumption to made that the creditor will not follow up with the petition. 1st Credit/Connaught have been sending their Statutory Demands out via 2nd class pot, this I was hoping to challenge.

 

The wording of CPR PD INSOLV 11.1 states: "where it is not possible to effect prompt personal service, service may be effected by other means such as first class post...", which does not entirely rule out second class post. However, it would probably be possible to obtain an extension of time in which to respond to the demand if sending it by second class post meant that it actually arrived later than the seventh day after posting, which is deemed to be the date of service for a Statutory Demand sent by first class post.

 

Under further investigation of the Insolvency practice directions it should be noted that the service of the Statutory Demand should only be served by post if the creditor has tried to bring it to the debtor’s attention via a personal service, where possible. The process involved is set out in CPR PD INSOLV 11.4 .

 

The creditor is under obligation to take reasonable steps to bring the demand to the debtor’s attention and if, practicable, personal service should take place. Where this is not possible, the creditor is allowed to serve the demand either via post or through a letterbox, but it is expected that following steps have taken place first:

  • One personal visit to each of the debtor’s known residencies and places of business
  • If it is not possible to serve the Statutory Demand during the visit(s), a letter should be sent to the debtor making her/him aware of the visit(s) have taken place and purpose of the visit(s). The letter should also state that another visit will be made for the same purpose and specify the date, time and place. At least two business days’ notice must be given. The letter should also state that if the time and place are inconvenient, the debtor should name a reasonable alternative. The letter can also state that if the debtor fails to keep the appointment, the demand will be posted/inserted through a letterbox and, if a bankruptcy petition is presented, the court will be requested to accept this as a service of demand. Copies of the letter should be sent to all known addresses of the debtor.

If the creditor presents a bankruptcy petition to the court, an affidavit has to be sworn giving details of service of the Statutory Demand. If a demand was not served personally and no written acknowledgement of service has been received from the debtor, the creditor must set out the steps it has taken to ensure the demand has been served on the debtor. If the court is not satisfied that the creditor has carried out their obligations, it can refuse to issue a petition.

 

So, to move forward with challenging the creditors there are a few things the debtor could consider doing.

  • Check whether the creditor or agency has the right to chase the debt in the first instance. Has the debtor received a default notice? If the debt has been transferred, a notice of assignation?
  • Request a copy of the agreement/statement of account under s77-79 CCA 1974. Some debt collection agencies are very bad at having the correct paperwork; some might try and fob you off with an application form. Check if the amount being chased is inclusive of any excessive fees and charges. There may be the opportunity to have the Statutory Demand set aside on the grounds that the debt is disputed. It could well be that the debtor has a counterclaim equal or greater than the sum claimed by the creditor.
  • The demand doesn’t comply with the Insolvency Rules 1986, in this ground it must be shown that an injustice has been caused, eg, the demand is confusing and the debtor cannot reasonably understand the true position between her/himself and the creditor.

Stopping the Creditor’s Petition

 

 

If all attempts to halt the Statutory Demand fail it is still possible to avoid bankruptcy. Any opposition to the order being made will need to be filed at least 7 days prior to the hearing setting out the grounds. In order to justify a dismissal, the debtor would need to show a “substantial injustice”. The courts’ powers to make a bankruptcy order are discretionary, under r6.25(1) IR 1986 a court may make an order if it is satisfied that the statements in the petition are true and that debt on which it is founded has not been paid or secured or compounded. s271(1) IA 1986 prohibits the court from making a bankruptcy order unless it is satisfied that:

  • The debt has not been paid; or
  • The debt has not been secured to the creditor’s satisfaction; or
  • The debt has not been compounded for; or
  • The debt is one which will become payable in the future and the debtor does not have a reasonable prospect of being to pay it when it becomes due

s271(3) IA 1986 gives the court power to dismiss the petition if it is satisfied that any of the following apply:

  • The debtor is able to pay ALL her/his debts; or
  • The debtor has made an offer to secure or compound for the debt and the creditor has unreasonably refused it. (The onus would be on the debtor to prove that the debt was unreasonable refused – the offer would have to be realistic and practicable. A creditor is entitled to consider their own interests, but a rigid application of an organisation’s policies could amount to “institutional unreasonableness”. My own interpretation is that if a creditor doesn’t adhere to the OFT debt collection guidance then I would argue there is institutional unreasonableness being carried out. Whether or not a judge would agree is another story!

Other possible defences:

  • The debt is subject to a judgment or order of the court which is payable by instalments and no default has occurred or enforcement has been suspended
  • The debt is subject to a judgement or order of the court and an appeal is pending.

 

  • It might be possible to apply for a Time Order under s129 of the CCA 1974.
  • The debt is subject to a judgment or order, but the court considers, in the particular circumstances of the case, that this does not prove there is a legitimate bankruptcy debt .
  • The amount of the debt was overstated on the Statutory Demand and the actual amount owed has been paid within 21 days of service.
  • The debt is £750 or more but there is a bona fide dispute, which would bring the undisputed amount to below £750.
  • An IVA interim order has been made
  • There is an outstanding application for the Statutory Demand to be set aside.
  • If any of the rules have not been complied with or the court feels that the petition should be dismissed or proceedings stayed “for any other reason”.

In summary

 

As it seems that the use of bankruptcy proceedings is likely to increase the question should raised whether or not it is fair for debt collection agencies to use these tactics as a first resort. The whole question of “is it reasonable?” should be aired and the debtor should certainly consider complaining about any unfair tactics adopted by these firms. Is a debt collection agency “fit” to hold a consumer credit licence if they seem not to adhere to the OFT’s guidance on debt collection guidance? Here is hoping that the recent changes to allow the FOS to investigate consumer credit complaints and the forthcoming changes to the Consumer Credit Act assist in preventing growth in this current oppressive trend.

 

 

Things to check

 

  • Was the Statutory Demand served correctly?
  • Are there any possible grounds to set the Statutory Demand aside?
  • Does the Debt Collection Agency have the right to chase the debt?
  • Is it likely that the DCA will issue a Creditor’s petition?
  • Is it possible to oppose the Creditor’s petition?
  • Is it possible to arrange an alternative to bankruptcy? (i.e. Voluntary Charge)

 

Yes this is a CAG rip but Sequenci and I spent alot of time on this subject.

Debt Collection Agencies Statutory Demands, a few strategies - The Consumer Forums

 

We are going to be seeing more and more of these coming through when the DCA's realise that they are on to a looser with dodgy agreements.

 

SD's used to be the preserve of Connaught Collections for 1st Credit, but now RED debt and Capquest are getting in on the act. I'm not even going to mention GoDebt as I don't really have alot of experience with them.

__________________

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i have sent an account in dispute letter to capquest and asked them to either stop chasing me or provide evidence that the debt exists and belongs to me.

to get the breakdown for the charges do i SAR capquest or Halifax for these?

 

P.S, Its an overdraft from a current account.

The views expressed on this website are mine alone and don't reflect the views of my employer!

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Quick Update* Seems [email protected] were at the bluffing stage... I sent a prove it or shove off letter and today i have received 2 letters from them, The 1st one asks for proof of identity to assist them to progress the account accordingly and proof of address at the time the account was opened 24/02/97 BUT the 2nd letter only asks for proof of address at the time the account was opened dated 24th December 1997 ... Why 2 different dates for the opening of the account? Are capquest that daft they dont know themselves ? Seems like they are grasping at straws..

 

Letters have been filed under ignore for now. I dont need to prove who i am, they need to prove i owe the money, so far they havnt.

 

The saga continues

The views expressed on this website are mine alone and don't reflect the views of my employer!

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  • 4 weeks later...
Forward a complaint to the OFT&TS and the FOS & ICO.

 

 

Please see here

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 1 month later...

UPDATE*

 

Seems capquest ignored my letter and 2 months later have passed it onto scotcall collections to try and issue threats.. They have been issued with the same letter and complaints have been issued to the OFT, TS and FOS..

 

They aint getting away with it this time! Just goes to show the SD was a bluff hoping id cave into them.. They have picked on the wrong person.

The views expressed on this website are mine alone and don't reflect the views of my employer!

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UPDATE*

 

Seems capquest ignored my letter and 2 months later have passed it onto scotcall collections to try and issue threats.. They have been issued with the same letter and complaints have been issued to the OFT, TS and FOS..

 

They aint getting away with it this time! Just goes to show the SD was a bluff hoping id cave into them.. They have picked on the wrong person.

 

 

Capquest ignored my letter too ..and Got Muck hall to write to me !! my SD was also a bluff!! ignored Muck hall!! Nothing since !! Bas..rds

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The use statutory demands as a method of intimidating debtors, must be

reported to the OFT every time, especially when the DCA' or creditor has no intention

of following it through.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes using SD's as a means of debt collection is frowned upon by the OFT and if they receive enough complaints will impose tying them up with piano wire......(I think??)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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IMHO the use of piano wire is best applied tightly around both thumbs, ant the subject hung by this from high rafters.:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 months later...

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set asidelink3.gif and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collectionlink3.gif tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA

 

I will be sending this post to every Cagger I have on my list so you may receive it again.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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