Capquest and Statutory Demands

[cerberusalert]

A few months ago there was a court case where the DJ ordered Barry Davies to appear, guess what?..... He didn't.

[DonkeyB]

Maybe he’s dead but still on the payroll.

 

... or as Post once said, let’s send Dr Who out to find him.

[babybear39]

Maybe he's doing his job via a medium

[citizenB]

Jackflash, we would like everyone to write to their local Trading standards office and complain, copying in Winchester T/S .. the home T/S of CapQuest with a copy sent to the OFT.

 

I think there is a draft letter in the first post of this thead that people should / could adapt.

[Smeagol]

If they did actually threaten to force their way into your house you should have reported it to your local TS who could have looked into it had they wanted to. Reporting it to the OFT will not lead to direct quick action because they are unlikely to research in depth invidiual complaints. As it was almost 6 months ago now I daresay no one will bother looking into it. These kind of threats are far easier to prove offences on that things like too many SDs.

 

A hundred or so people on CAG highlighting SDs doesn't mean too much on its own because

a) it doesnt take into account how many SDs CQ actually sent out in relation to how many debtors they are chasing

 

b) its difficult to prove their intention when sending the SD out.

 

I may not be an expert in commercial law but in Criminal Law, threats to cause criminal damage is an arrestable offence and it does not matter whether you believe the threat or not or if the threat can be carried out immediately or not. Property was always more valuable than individuals. If the threat is in writing you can refer it to plod by reporting it as an allegation of crime.

[Smeagol]

vir prudens non contra ventum mingit

 

vir prudens non contra ventum mingit innit! - Veni Vidi, Vici East London

[silverfox1961]

A little bump in an effort to get more responses

[Yellow160]

http://www.consumeractiongroup.co.uk/forum/showthread.php?302343-Capquest&p=3391854&highlight=#post3391854

 

here is my thread with capquest.. Asked them to prove it or shove off, got 2 letters asking me to provide details of where i was living when the account was opened, Thats upto them if they claim i owe it.. I just ignored the SD and letters and heard nothing from them.

 

No complaint issued to the OFT

[Smeagol]

A couple of quick thoughts...

 

When using an agent (courier or Royal Mail) to deliver any item am I incorrect in thinking that the agent is the agent of the sender and it is the responsibility of the sender to ensure that its agent fulfils its duty? This avoids any situation where one can say, "The cheque is in the post," and if it never arrives the sender can wash his hands of it by saying that the post is the problem of the recipient. How can an intended recipient know that something is in the post unless it arrives and how, therefore can the intended recipient be culpable?

 

In respect of the personal delivery of an SD this seems contradictory to the situation where one may simply inform a DCA that only written communications are acceptable and personal callers will either stand on the doorstep ignored or the Police may be called to deal with the harassment. Is it not reasonable to conclude that a distinction should be made between, say, a Court authorized bailiff and some bloke waving an envelope and being a nuisance?

[Happyhippy1959]

oh Hippy started something on the subbing,,, I am getting the jitters here. As I have no experience with SD's I thought I would watch this thread with interest as I do a lot of threads, it helps then if one of my vultures start some underhanded tricks and I am then prepared, i.e. I see what so and so did in that instance. It stops me wasting peoples time by asking lots of silly questions and I believe frees up the thread for more knowledgeable people to put there mark on it.

 

I hope the site team does not bar subbing as it has been a great help to the Hippy... Long live CAG

[Smeagol]

I think that's why I varied from the original purpose of this particular thread.

 

I believe it to be a simple truth that ordinary mortals become very stressed and hugely fearful when confronted by a blizzard (in their - my - eyes) of highly adversarial paperwork, especially when they don't have the means to defend themselves of to fight back. It would be wonderful to be able to have the burden lifted and by a group dedicated to that purpose.

 

Yesterday I was talking to a friend who told me that queues start forming at around 6:00am outside the local CAB. When, eventually, they open they take in ten to a dozen people from the front of the queue and tell the rest to come back another day. A few doors down the road there is what one Honourable Member refers to as a "legal loan shark." Coincidence?

 

Justice (and I include good quality legal representation) is only available to those with pockets of sufficient depth and the rest of us can travel to Hades.

 

So, at the risk of subbing once more, I peer over the brink of the abyss and look down (very melodramatically). Whilst understanding the purpose of the forum and the ever-shifting sands of the system of justice I wonder whether there is scope for a solution similar in nature to that of the ambulance chasers but based on a significantly lower percentage because it takes away the stress from those not able to handle it.

[Undercover-Elsa]

Very graphical, my precious. Now I'm hearing the strains of Celine Dion singing The Heart will Go On...

 

However, to business, and a thread I'm helping with re a shambolic, disputed Marbles CC debt, now owned by Capquest. Earlier admission of no agreement. No Default issued though they say they have. Unfair charges, PPI etc etc.....within 2 weeks of each other this crew have issued an LBA for County Court action followed by a letter giving notice that a Stat Demand will be issued. Debt only £1300 ish but probably actually below £750 if charges/PPI removed.

 

Herewith ye olde link:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?213800-Help-wanted-Marbles.com/page4

 

I'll link the OPs thread to here..

 

Elsa x

[alisindebt]

Best person to deal with at CapQuest is Anne McShane, a complete [edit] who always gets it wrong. Sue if they want, but she put it in writing to me that I was having signatures forged on my letters and cheques! Hahaha. Can you imagine who would be so stupid to do that? Get her to administer your case and you will win.

 

They are a bunch of cancers who make mistakes all the way along the line.

 

Get out all the paperwork and regulations, post on here if necessary. I bet they will have made plenty of mistakes.

Edited June 1, 2011 by silverfox1961
please refrain from posting defamatory language

[kyamtoby]

http://www.consumeractiongroup.co.uk/forum/showthread.php?265703-Statutory-demand-help......&p=3432730

 

Here's my thread, perhaps I did the wrong thing in the end ?

[shedder101]

I received a SD from Crapquest and had to go to court and got it set aside for a statute barred debt amongst other things

 

the company listed CAP in there statement as false information but i still won, didn't get costs but got the satisfaction of winning

[Crapstone]

After an SD from Capquest I did my homework on the server and he was unlicenced. I posted a thread up but had to remove it for legal purposes after a complaint was made against them for acting illegally. Everything was dropped after the authorities had a word in their ear on how an SD should be served and how it should be used.

[Nishikigoi]

Well even though 1st credits slap was in 2009, I would imagine that the OFT are still keeping an eye on them to see if they are still doing it.

 

Stick with Capquest for now and when the time is right, we can tackle the others (I so hope they are reading this thread)

 

In my 'Crapquest again' thread I sent the letter posted and then said I forgot to ask again for my £1 back, in their reply they made quite point of saying they would not refund my £1 so they might well have read the thread! 8-)

 

I'll not be surprised if the next 'new' DCA is "Laurel and Hardy LTD"

 

[dunwoody21]

I had a Stat Demand hand delivered by a one of the cast from Planet of the Apes back in Feb. I had CCA,d the DCA several times last year by recorded delivery but just got the usual "we are looking into your compliant" The day after i received the SD i sent another request asking for the the notice of asignment and the recorded delivery proof that i have received the notice but never got an answer. I then went to court with the forms to set it aside.

I went to court in April (very nervous)> The solicitor for them was very embarrased as the DCA hadn,t given her any imformation on my file, the Judge said he would set another hearing. The next time i was a lot more comfortable i used the argument of they had not responded to my CCA within the time limit, no default notice and they could not produce the notice of asignment.

I walked out with big smile and costs awarded to me. A cold beer was well deserved

[silverfox1961]

Thankyou for your input dunwoody21. I have made a note of your experience on my list for future reference

[dunwoody21]

Thankyou for your input dunwoody21. I have made a note of your experience on my list for future reference

 

Hello Silver Fox

 

The Statutory demand is a frightening thing when issued by hand.

I think everyone out there who has a DCA chasing them for credit card debt should first ask the original Debtor for a SAR, as if the debt has been asigned to a DCA there will be credit card charges and these are easy to reclaim and in some cases wipe out the original debt and whilst waiting for these charges the DCA can not give a SD as the Debt is in dispute.

 

Cheers

 

Dunwoody

[mellyob]

hi silverfox can you add the link to me please thanku

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309388-capquest-statutory-demand

Edited June 22, 2011 by silverfox1961
Added link

[Smeagol]

Hello Silver Fox

 

The Statutory demand is a frightening thing when issued by hand.

I think everyone out there who has a DCA chasing them for credit card debt should first ask the original Debtor for a SAR, as if the debt has been asigned to a DCA there will be credit card charges and these are easy to reclaim and in some cases wipe out the original debt and whilst waiting for these charges the DCA can not give a SD as the Debt is in dispute.

 

Cheers

 

Dunwoody

 

This is a very interesting point Dunwoody. By way of example, MBNA which took over the Abbey credit card used (or use) Aegis to badger alleged debtors. Subsequently (after CCA requests have been sent to Aegis) CapQuest has waded in with a Statutory Demand. Can one rely on the fact that an account is already in dispute (by having sent a CCA request for example) to nullify a Statutory Demand subsequently issued if the matter ends up before a judge?

 

In respect of any contact by a DCA would the forum consider it appropriate immediately to issue an SAR to the OC stating that the account is in dispute and, if the forum does so think what is the appropriate response to the DCA?

 

Cheers,

 

Smeagol

Edited June 22, 2011 by Smeagol
Incorrect use of a word in original

[silverfox1961]

hi silverfox can you add the link to me please thanku

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309388-capquest-statutory-demand

 

 

Done

[alisindebt]

When CapQuest tried to get a few thousand pounds out of me, I wrote to them and told them of a prior dispute with the OC, in this case Egg. CapQuest "investigated" my claim, but they had to close the account and write off the money. Egg had been very crafty and sold a disputed debt outright to CapQuest! Funny how these people will not only sh** on debtors, but also on themselves! The moral of the story is, if you have a prior dispute, and the easiest way to do this is to fire off an SAR to the OC, who will always drag their feet in complying, then the debt CANNOT be processed by a DCA and you can tell them to go and whistle.

 

This saved me a bout three thousand five hundred pounds. Easy!

[Happyhippy1959]

Another interesting point would be HOW MANY OF THESE SD'S have actually been carried through... Like most people here, if we have not got the money or any equity in our houses what really is the point. In fact I would be saving £600 on the fee's and a £40k plus debt written basically off............ My house is in neg equity, ok hopefully it would not rise in two years but even if it did you could get some one to buy out your beneficial interest... Mind boggles is it as many say a scare tactic..!!!!!!!!!!!!!!!