Capquest preparing a stat demand HELP

[debbiexxx]

Today I received a letter from Capquest saying they are preparing a Statutory demand.

The background is, CQ have bought an £8K CC debt from Barclaycard. There is no enforceable agreement, there is a NOA, I live in rented accomodation, I have a low paid job and have no assets.

 

What should I do?

 

Any help advice will be greatly appreciated.

 

Thanks Debbie

[harrassed senior]

Hi, and welcome, for a start don't panic, just another of their threats.

 

Make sure that you do not telephone them or speak with them on the phone at all. Keep all correspondence (including envelopes).

 

They have already been warned about using SD's as a means of debt collection, as this is not allowed, but they do it anyway.

 

Make sure that if you get an SD, make a note of how it was received, ie doorstep hand to hand delivery, or through unsigned for Royal Mail.

 

It is usually advised to get an SD set aside, which has been done with regularity by members of this site, and you can be given step by step instructions.

 

Nothing bad is going to happen, this is just a threat, and usually they will not bother to proceed once the error of their ways are pointed out to them.

[count orlok]

Do you have other debts? If you are in a low paid job and in rented acomadation, this may be what you need for a new start. Although if this is what you want and you call their bluff they'll more than likely back off.

[Happyhippy1959]

Pure bluff,,, your in rented accommodation so let them save you £600 and make you BR.... Won't go past the starting gate all phish and wind

[Bazooka Boo]

Give the OFT&TS a bell via consumer direct and make a formal complaint that CQ are STILL using the threats of SD's as a means of debt recovery. Muppets.

[babydoll0141917]

Had A SD sent to me from CQ Was sent just by normal Mail!! They not serious if they couldnt even be bothered to serve it proper!! I totally ignored it!! its for £8.000..they hav no proof that the debt is mine has they hav sent A CCA that means nothing to me !! when i put the account in dispute they even had a cheek to ask me for evidence and proof of my dispute!! LOL!! Im in rented and dont work ..So pls dont worry about there Bulling ..they not worth it

[Tingy]

I had one a few weeks ago. I replied asking them to go ahead and make me bankrupt as quickly as possible please as it would resolve all my problems for me. Strangely I have heard absolutely nothing from them since, nor the other companies who have said they are going to do it. I am genuinely waiting for someone to make me bankrupt as I can't afford to do it myself.

[babydoll0141917]

I had one a few weeks ago. I replied asking them to go ahead and make me bankrupt as quickly as possible please as it would resolve all my problems for me. Strangely I have heard absolutely nothing from them since, nor the other companies who have said they are going to do it. I am genuinely waiting for someone to make me bankrupt as I can't afford to do it myself.

 

 

Tingy I feel the exact same!! It would do me a HUGE fav if one of the DCA would make me Bankrupted!!

[Tingy]

Don't get your hopes up. We were advised by CAB 4 years ago to stop making any payments to all but priority debts and wait to be made bankrupt. Despite having asked several companies to do this, we are still waiting. Quite a few have actually written the debt off as a result of being asked to make us bankrupt.

[babydoll0141917]

Don't get your hopes up. We were advised by CAB 4 years ago to stop making any payments to all but priority debts and wait to be made bankrupt. Despite having asked several companies to do this, we are still waiting. Quite a few have actually written the debt off as a result of being asked to make us bankrupt.

 

 

NICE one!! I think now Ill wait and see who chases me now!! and if they threaten BR,,Ill say YES PLS Call their bluff

[lilly white]

Just looking in................all well.

[debbiexxx]

Thanks for all the replies, a trouble shared is definitely a trouble halved.

It seems from the advice you’ve given and other threads I’ve read re stat demands, that there’s not a lot to worry about.

I was thinking of sending them another letter stating my position of living in rented accommodation and having no assets, and saying that if they wanted to go to the expense of making me bankrupt then go ahead.

Two questions though.

1) Is it better to get a stat demand set aside or do nothing safe in the knowledge that they won’t spend money trying to make me bankrupt.

2) How can a firm make you bankrupt when a debt is disputed, surely they have to prove you owe them money first.

Thanks

Debbie

[Bazooka Boo]

1) Is it better to get a stat demand set aside or do nothing safe in the knowledge that they won’t spend money trying to make me bankrupt.

It is always best to defend any SD, never do nothing as they will obtain a judgement by default!

 

2) How can a firm make you bankrupt when a debt is disputed, surely they have to prove you owe them money first.

They can't, this is why you MUST always defend a SD.

There is very little point in continually sending them letters, they don't read them, and will just continue to harass you.

[count orlok]

"1) Is it better to get a stat demand set aside or do nothing safe in the knowledge that they won’t spend money trying to make me bankrupt.

It is always best to defend any SD, never do nothing as they will obtain a judgement by default!

 

2) How can a firm make you bankrupt when a debt is disputed, surely they have to prove you owe them money first.

They can't, this is why you MUST always defend a SD."

 

There is very little point in continually sending them letters, they don't read them, and will just continue to harass you.

What if you want them to make you bankrupt, surely it would make sense not to get the SD set aside?

[Happyhippy1959]

I agree with the Count,,, write and ask them to follow up there bluff,,, tell them you will even loan the money for a coffee for there representative at court.... As tingy say's you put your finger on the Bankruptcy button and they all but P**h themselves,,, I own me own property but guess what,,,, ( neg equity and rising) I have only had one threat of that from some DCA at the start,,,,,, for a dodgy Virgin card that has no CCA. Told MBNA to make my day and see them in the BR courts that was two years ago and the house was just a grand in profit at the time.... Guess what,,, next letter offered a 70% discount if I paid in full..... Now does that speak volumes or what..!!!!!!!!!!! Hippy say's ok, how about a £1.00 a month on the 30 % left... hmmmm they just accepted token payments on the whole amount,,,, Then those bad boys come on with a threat of a charging order.... PLEASE PLEASE Say's the hippy but produce your documentation and get CCJ first... also will fight the charging order on the grounds of joint ownership, preferential treatment of one creditor over another the whole works.... GUESS what..... ok £1.00 a month.

 

Now what is the point in all that phish and wind..... !!!!!!!!!!! yes I suppose had I not met you guy's here I would have trembled and had sleepless nights.... I made no secret of my financial situation at work as the calls were coming thick and fast after me and ex split... but lucky hippy works in a Emergency department of a large hospital so hey quickly got NHS legal on the case ... shut the clowns up big time.... Now, I was so surprised after telling my professional colleagues of my situation that I know of a few who were being taken to the cleaners by DCA's that is until I told them of this site... In the last two years at least six of my work friends have come into work with smiles on there faces,,, They have had so much help and advice and are now so better off thanks to you guy's and girls....

 

SO GO ON ASK THEM TO MAKE YOUR DAY.

 

BET ME NEGATIVE EQUITY THEY WON'T.

[Bazooka Boo]

What if you want them to make you bankrupt, surely it would make sense not to get the SD set aside?

 

If you want to be BR then I agree, let them issue an SD. It's normally a lot more hassle than it is worth, although you can be discharged after 12 months, the question will always remain, "Have you ever been insolvent or made bankrupt?" And I don't believe there is a time limit to that question?

[babydoll0141917]

How can it be best to defend any SD?? I thought by just the postman bringin it it was invalid!! Dont they also need the correct CCA ,default notice ETC to even attempt to make you bankrupt??

[Bazooka Boo]

Because when you don't defend, they are put through Northampton County Court Bulk centre where you will receive a Judgement by default, no questions will be asked whether the agreement is enforceable, whether it exists even, they will then obtain the CCJ, which when you continue to ignore because you cannot afford the payments the Judge ordered, because you failed to defend it, then you will possibly have the pleasures of Bailiffs, a charging order, attachment of earnings etc, depending on where you live.

[babydoll0141917]

So basically I could send some one a SD ..and if they dont defend I could get a judgement by default..How stupid is this law! always said the UK was a shi. Hole ..whats the point of CCAs!! Well they wouldnt get an Attachment of earnings from me..And my home is rented ..My assets are worth diddly squatt..why do ppl on Cag say if its sent by normal mail ..then just ignore it ..and others say dont ignore it ..Thanks for your feed back Bazooka

[Bazooka Boo]

The method of posting argument is different, I can't find the proper bookmark I had for it at the min, but someone else might be able to shed some light on that.

[Happyhippy1959]

Bazooka,

 

They would have to issue county court papers for a CCJ as well. A bankruptcy I believe must be put before judge in person by the petitioner. So he would know that a CCJ was coming because they would have to issue him with the summons whether bulk or not.. Bankruptcy is a whole different can of worms.. A CCJ would again be defended or he could make an offer..... As for questions about have you ever been insolvent or bankrupt, yes it can effect certain areas of life ie. more for your home and car insurance but the European Court is looking into this because it is discrimination however you dress it up.... I know of many bankrupts who now own there own business and houses so really it is an old fashion worn out blemish. The Americans had a much more open view on bankruptcy as you know with all the famous people past and present who have gone bankrupt and bounced back. I believe Walt Disney was a bankrupt (correct me if I am wrong )

 

My personal opinion, is to ignore,, but the choice is always with the individual .... They will not make you BR and as for a CCJ, well you say no CCA, they would look stupid in front of a judge..... Even if they try for the lesser a CCJ, you can defend it and you will know about it whether bulk or not. As for BR if it came through the post, then its pure bluff.

Edited April 27, 2011 by Happyhippy1959

[count orlok]

I must admit I'm a little confused here. I thought a SD was a completly different annimal to a claim via Northampton bulk court. I understand the latter if ignored further could result in bailiffs, charging order, attachement of earnings, etc. Although even that may not be too bad if you have nothing, live in social housing, and are on pension credits. I thought ignoring a SD could result in bankrupcy. It seems a bit bad if DCAs can get default judgments via SDs which cost nothing instead of having to pay out to take people to court?

[Tingy]

Have a read here:

 

http://www.netlawman.co.uk/info/statutory-demand.php

 

It somes up situations well and clearly - note it can only be served if they think you have the money! The bit on actually serving it personally is quite a way down so persevere - it is there!

[Bazooka Boo]

It's been a long old week, probably getting my tired brain confused!

[Tingy]

mine is always tired and confused!