Capquest preparing a stat demand HELP

[Happyhippy1959]

Bazooka, I can't believe that of you... You can't of had any DCA's for lunch. Yes count your right, an SD is a different animal to a CCJ.. In your circumstances you have nothing to fear, unless you have assets worth over approx £1,500 the official receiver would even allow you to keep your car if it is meant for work etc or cause's hardship I.E. running a sick family member to hospital every week or something to that effect, of course as long as it is not a top of the range beast worth thousands of pounds.

 

No a BR (stad demand) would not get a CCJ against you, they have to apply for a CCJ, that is a separate animal..... Of course if they do apply for a CCJ then if they are daft enough to make you Bankrupt later,,, bye bye CCJ it gets included in your bankruptcy...

 

As for attachment of earnings or bailiffs, this is dependant on you not paying what the court as ordered.... these are easily set a side and I know many people who have had CCJ's awarded against them and to be fair never paid a penny and have never heard from the Creditor again... Also if the award is too much you can apply for it to be varied to an amount that you feel is affordable.

 

The only time you may get a problem is if you own property,,, they could go for a charging order but hey it is a double edge sword and could work in your favour,,,, No judgement I have yet to hear as made a debtor sell there house,, you can stay put for as long as you like and even if you sell you do not need to notify the creditors its a minefield of If's but's how much they are intent on getting back there debt... Even if you go Bankrupt it does not necessarily mean you will loose your house,, Neg equity can put paid to that and if no rise in prices in two years then the OR usually discharges an interest in the property. Also you could get your wife or some third party to buy your beneficial interest in the profit of the house.... So really what have the DCA's got (NOTHING REALLY BUT PHISS AND WIND) and peoples ignorance and unless they bring back the debtors prisons (and with our prison population I doubt that very much) they are as a lot of people say on this site LAME DUCKS.

 

As you see, a lot of them are struggling with compliance and with a greater knowledge of peoples rights we will see a lot more whining from these pond life and lets see how many we can put out of business. There must be better way's to deal with peoples debts. In my mind the banks are to blame, and to try and turn a unsecured into a secured debt is just moving the goal post. They did not whinge when the going was good... So all in all,,,,,, Your the boss on how you pay back your debts (SIMPLES)

[harrassed senior]

Just to add my two pennoth - anyone can download and send an SD - it is not a Court Produced document as such (or at least this is my understanding). I have had 2 both ignored, (prior to CAG days it has to be said) and they all just dissapeared to threaten someone else !

[debbiexxx]

Well the Stat Demand arrived today by 1st class post, it is dated 2/6/11. The only defence I've got is an unenforceable agreement. So how should I proceed.

Thanks for any advice.

 

Debbie

[babydoll0141917]

Well the Stat Demand arrived today by 1st class post, it is dated 2/6/11. The only defence I've got is an unenforceable agreement. So how should I proceed.

Thanks for any advice.

 

Debbie

Hi Debbie If it came 1ST class post !! I wouldnt even bother getting Set aside!! I had one delievered the same way !! nothing has came of it..Just a scare tactic and dishing them out like confetti!! And at the end of the day ..WHAT SD..Whos to say you ever received it!!!! Cost nothing for them to send SDs out!! If they Meant Business they would of had a process server deleiver it on you for you to sign !! IMO its invalid already coz it wasnt served the correct way

[debbiexxx]

Couple of questions. If I ignore the Stat Demand is there a time frame for them to petition for my bankruptcy. If they don't go for bankruptcy can they issue another Stat Demand sometime in the future.

 

Thanks

 

Debbie

[babydoll0141917]

Couple of questions. If I ignore the Stat Demand is there a time frame for them to petition for my bankruptcy. If they don't go for bankruptcy can they issue another Stat Demand sometime in the future.

 

Thanks

 

Debbie

 

I think they can issue for BR within 4 mths of sending ..and yes they can issue another!! if they had any ace cards up their sleve they would use them the correct way ..thats MO ..You hav to do what you wish at the end of day !! im sure more CAGGERs will hav diff views

[silverfox1961]

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.c o.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 aside 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 collection 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...1D83BF00 04F6EA