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Advice on capquest Statutory Demand for Bankruptcy


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Hi

 

I have received a SD through the post from a DCA/Assignee. No previous attempt was made to serve it.

 

The issue is this:-

 

I had an account number with the orginal lender, and the account was in dispute due to prescribed terms not being present etc. and a dispute over whether a final payment had really been accepted. The original lender denied there was a dispute.

 

The account was then assigned to a DCA. When the DCA started contacting me three years ago they referred to my account with an 'Original lender' account number thst was not recognised by me although the amounts in dispute more or less tallied up. I did mention that I have never had an account with that number etc. etc. and that the account I did have was in dispute etc. etc. but all fell on deaf ears.

 

I have now received this SD, but it referts to the imaginary account number. How do I set this aside? Do I deny the debt and state that I have never had an account with this account number and leave it at that or do I in addition say that I had another account and that was in dispute for the reasons mentioned previously.

 

Thanks

 

Interweb

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Hi, I think you have answered your own query,if that is not your account number in my

opinion the SD is null & void:-)

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You also must name the DCA so we can help further, as several DCAs have been in trouble for sending SDs like confetti.

 

If the account number is not yours just state it as the reason for the set aside. Do not admit that the amount is 'more or less' okay or give any other information at this stage.

 

You can (I believe) also ask for a full disclosure from the DCA via the courts to see how they linked this account to you - its a slightly different approach to just getting the information but has worked a couple of times for other people. If they cannot come up with the information within 40 days then ALL traces of this alleged debt should be removed from your credit reference files.

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Capquest are sending these out like confetti at the moment. Best bet is to write to them stating that you intend to file for a set aside and supply a schedule of your costs to the court.

 

You will then get a signed for letter from them stating that they are nullifying the SD.

 

After that you will start getting phone calls again. When answering these calls if you ask who is calling without identifying yourself they will say that "I am not able to divulge that information". Doing a 1471 will show number withheld. At this point it may be worth reporting the harrassing calls to the police and requesting your telephone provider to track and log all incoming calls at exchange level so a complaint can be made.

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Jocko, there is NO NEED TO WRITE TO Capquest in the way you say. Do NOT put in a schedule of costs at this stage as you need to be concentrating on the set-aside.

 

EVERYTHING needs to be in writing, do not phone them as they will not be able to do anything. Keep it in writing and you can shame them with their letters.

 

At this stage EVERYTHING is in writing and copied to all parties concerned.

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Slightly crossed lines I think.

 

I received an SD So I informed CQ that I intended to set aside and smack them for costs. They instantly replied with a letter that I had to sign for stating that the SD was nullified. Reason for the registered letter in my opinion was to short circuit any demand I made for costs.

 

I may be wrong but I was of the opinion that once a SD is issued then the issuer cannot stop you from starting the set aside process by declaring that they do not wish to proceed.

 

In my case as I know capquest do not have a leg to stand on, they were making sure that they had signed for proof that I knew that they had withdrawn the SD to show to the Judge to negate my request for costs.

 

SG you are correct, set aside first then costs schedule afterwards but costs filed at court before the date of hearing.

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Sorry Jocko, I seem to have crossed lines there - thanks for clearing it up. I don't usually deal in SDs much.

 

I think you are correct as they cannot issue one 'as a threat' and leave it alone, it HAS to be followed through as the 'judgement' in this case would be bankruptcy...

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Agreed you don't want it floating about without being set aside.

Just another underhand trick to frighten.

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

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bump. :-)

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Posts moved & new thread created.

Anthrax alert at debt collectors caused by box of doughnuts

 

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What SD, not signed for not received!

 

Seriously though there are 2 lines of thought on these, IF they decide to act on this after the 18days have passed they would have to prove receipt of the SD - difficult when sent by normal post.

 

The other line of thought is to get this 'set aside'. However, several DCAs have been warned for using SDs as a form of debt collection as this is not allowed.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Hi

 

Thanks for all the info.

 

I'm confused as to what process I have to follow to have it set aside.

 

I can download the forms I need. Do I just fill them in and take them to the court or do I need to book an appointment with someone at the Court?

 

When the forms have been sent is there a hearing, or will there only be a hearing if the claimant decides to press ahead?

 

Thanks

 

interweb

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HI

 

Thanks for that.

 

Just one last question. Do I need to make an appointment when I take the forms into court to make the 'sworn' statement? Or can I just turn up?

 

Thanks

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HI

 

... Do I need to make an appointment when I take the forms into court to make the 'sworn' statement?....

Thanks

 

don't think so. could give your court a quick call to double check though.

imo

IMO

:-):rant:

 

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Hi

 

Thanks for all the advice.

 

I am going to take the setaside to the court tomorrow.

 

What happens then? Will there definitely be a hearing, or only a hearing if the DCA decides to take it further. If there is an automatic hearing, who pays the fees and when should these fees be submitted?

 

Thanks

 

Interweb

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re your application to set aside - 'The court may dismiss the application without a hearing if you have not shown that there is a good reason for your application. Otherwise the court will set a date, time and place for a hearing, giving at least seven days notice to you and the creditor.' nat debt line, in link posted above.

 

some further useful info here for eg http://www.insolvency.gov.uk/guidanceleaflets/StatDemands/StaDemands.htm

Edited by Ford

IMO

:-):rant:

 

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Hi

 

Ok, thanks for that.

 

The particluars of claim mention a card number that was not my card number and my reason for setaside is that I have never had a card with that number. Do I need to go further into it or is this enough?

 

I did originally have a card with the card provider, it was a different number and I have dispute with the original provider as to whether a final payment was accepted or not. Also the cca request produced a document that did not contain the prescribed terms etc. This is the account that appears to have been passed on ot the DCA but with an account number I do not recognise.

 

Thanks

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hi

have you gone through the 'grounds' in the links? some of which are where there is a 'good'/'substantial' dispute? or 'other grounds'?

is it the right account? was it assigned properly? was the cca request an accurate 'reconstitution'? is s127 cca applicable eg re a 'signed agreement'? are there any 'illegalities'? any misselling/charges? ..etc?

 

try giving 42man a pm nudge to see if he can assist?

 

did you acknowledge to them that you received the SD?

Edited by Ford
typo

IMO

:-):rant:

 

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Hi

 

Thanks again.

 

No I have not acknowledged that I have received the SD. It was sent by normal post and I am have been telling them for the last two years that I deny the debt etc. etc. As it was sent by normal post, it would appear this is just a threatening move (the alleged amount is just over £1k) as would they not have to prove that I received it if they were to take it further? But the other posts I have read seem to imply that I should go for a standaside in any case.

 

So you seem to be saying that just saying that the account does not belong to me may not be enough and I should elaborate more. Surely if i say the account is not mine, they will have to furnish some proof that it is mine and if the conclusion is reached that the account number somehere got changed and this account number does on fact refer to the orginal account number then the process will have to start again and I can bring in all the points that I have mentioned before.

 

I dont really want to open a can of worms unless I have to, if you see what I mean.

 

Regards

 

Interweb

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