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Capquest and Statutory Demands


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Over the past few months, it has become more and more apparent that Capquest are using Statutory Demands as a debt collection tool and not for its original purpose, as a precursor to bankruptcy.

 

In 2009, 1st Credit were censured by the OFT for exactly the same thing Capquest are doing now.

http://www.oft.gov.uk/news-and-updates/press/2009/20-09

 

In my opinion, this needs to be stopped.

 

Can I ask that anyone who has received a Statutory Demand whether recently or in the past; whether it is ongoing or you have had it set aside (lost even) to place a link within this thread.

Could you also mention whether you have complained to the OFT or not.

 

If you haven't received an SD but are subscribed to a thread where a Cagger has received an SD, can you post a link.

 

From the OFT:

'Debt collection firms have a clear legal obligation to deal fairly and proportionately with consumers. This is more important than ever given the current economic climate, when people may already be suffering as a consequence of debt problems. We will continue to use our licensing powers to take firm action to protect consumers where debt collectors engage in oppressive behaviour or practices that fail to comply with our guidance.'

 

Printed below is a letter you could adapt to your own situation when complaining to the OFT

 

YOUR NAME AND ADDRESS.

 

FAO Ray Watson

 

Dear Sir

 

I wish to make a formal complaint about a company called Capquest. I have recently received a statutory demand which I intend to set aside due to a major dispute / which I have set aside in my local court, and despite (no response from Capquest / them not appearing in court) / to which I have not responded, and it is clear to see that as the time has run out to present a bankruptcy petition / It should be mentioned that at no time have they attempted any kind of personal service which I believe is an integral part of the Insolvency procedures. I feel they have used the demand as a debt collectionlink3.gif tool.

 

I understand that another debt collection agency were given 'requirements' by the Office Of Fair Trading back in 2009. In your requirements imposition you clearly stated to 1st Credit that.

 

refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated

 

Can you please clarify to me if I am correct in stating that all debt collection agencies compliance departments should comply with this ?

 

I realise that you will not be able to get involved in individual cases, but I would like to bring this to your attention.

 

Yours sincerely

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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My sister received one from Capquest in December 2008 which, because we knew no better we ignored (pre Cag days). Nothing further has ever happened but we still have the paperwork. If you need this, just let me know.

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.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

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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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I've saved £1000's because of this site...so could you.

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Has an SD from HFC (marbles card) issued in 2007 before I found this site. Went to court, admitted part of the debt. HFC said if I let them have voluntary charge on my property (jiointly owned) they would not pursue SD. So that is what happened regretfully. I have not pursued this with OFT or anyone.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?296062-Capquest-Statutory-Demand-help&p=3422585#post3422585

 

my thread is here, we received the Stat Demand and then we issued a CCA we received the deed of assignment from Capquest and a letter saying they were not pursuing the stat demand now, since then we have received nothing else whatsoever, I have not yet sent anything to OFT but have both letters from them, I am not sure what to write to OFT.

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Received an SD from Capquest in April.Applied to have it set aside and hearing set for July.Sent CCA request to Capquest but not received (after 21 working days now). They have sent Notice of Assignment and that is all.Not started a specific thread on mine (can do if it would help) nor complained to the OFT yet.

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MAKE THIS A STICKY!

 

Great idea. Subscribing to assist.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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i have taken advice from people on here and ignored any letters from capquest, to date no action has been taken by them, and the treat of a hand delivered SD has never been carried out, it does indeed look as though capquest are using the threat of an SD as an itimidatory move

Never bite the hand that feeds you, always remember that while you are on this forum you are just a peasant....

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Thanks for your request to supply details of the SD from CapQuest. Actually, I did not get an SD. I just got a letter saying that they are now the owners of the account. Similarly Egg wrote to me and said that they have transferred their rights and your Egg Loan account to CapQuest Investments Ltd. It went on to say that , "Your loan is now the sole responsibility of the above company." Not sure if this helps you. However, I note that I did pay CapQuest. It still did not stop me paying 907 pounds in installments before I realized that I should not be paying them due to a prior dispute with the OC, in that the county court had set the account aside. Getting the money back is impossible, it's like getting blood out of a stone.

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It looks like Martin attempted a similar exercise back in 2008 !

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?158682-Capquest-dont-Let-Them-Get-Away-With-It.&highlight=CapQuest[/

 

We highlighted this issue in 2008, apparently Winchester Trading Standards buckled under the weight of complaints and asked people to report to their local Trading Standards office.

 

IMHO, this is where this type of action fails as we cannot be certain that these offices then pass the complaints on.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Reported in the Telegraph in 2009

 

OFT orders debt collector to stop sending threatening legal letters

 

 

The OFT said an investigation into complaints made against 1st Credit revealed the company had failed to meet "satisfactory standards".

 

The OFT ordered 1st Credit to "refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated"; "not discuss legal action with consumers unless it is likely that such action will be taken"; and "ensure sensitive cases involving vulnerable individuals, for example those with mental health or medical problems, are dealt with appropriately".

 

 

The action against 1st Credit comes amid wider concerns that a number of debt collectors are using aggressive, intimidating practices to recover money.

 

http://www.telegraph.co.uk/finance/recession/4807580/OFT-orders-debt-collector-to-stop-sending-threatening-legal-letters.html

 

Yet here we are nearly 3 years on and this practice is still happening.

 

Please - complain to the OFT.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yup, and as well cr@pquest 1st crud and CONnaught are still doing it!!!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Yup, and as well cr@pquest 1st crud and CONnaught are still doing it!!!

 

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)

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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I received a Crapquest notice six or seven weeks ago and sent them the letter pasted hereunder. I have heard nothing further.

 

***********

 

I am acting as the appointed representative of X in this matter under the guidelines issued by the Office of Fair Trading.

 

Your agent, Y has failed to comply with my legal request to supply a true copy of the original Consumer Credit Agreement for the above account reference and may also have failed in its legal duty to pass my request for such true copy on to you.

 

On DATE I made a formal, written request for a true copy of the signed agreement for the alleged account under the Consumer Credit Act 1974 s77/78. I was sent a written response by Y dated DATE stating that they were no longer dealing with the account and that it had been returned to you. Notwithstanding that, the request is both legal and binding and perpetuates from the date on which it was made. I enclose a copy of my formal request.

 

My lawful request has not been complied with and as such the account has now entered default.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company (or the original creditor detailed in the allegation of debt) and my client as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document (e.g. payment protection insurance), you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become currently unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonably queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I look forward to hearing from you. This should be in writing only, as I have no wish to correspond either by telephone or in person (and no invitation to attend the premises of my client has been or will be made). Communications in any form other than in writing will be recorded and may be used as evidence of unlawful harassment.

Smeagol

 

Thank you all for being part of a forum which sheds light into this murky world.

 

I used to be uncertain - but now I'm not so sure....

 

Found an interesting post on 38degrees about Bankers (et al) hiding behind bad sections in the Data Protection Act. If you want to change it add your support by voting for the proposal to change the legislation - and tell all of your friends (as I am doing here). The link is http://tinyurl.com/6fttnx5

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I recieved a stat demand from crapquest in july 08, i ignored it and heard nothing until july 10 when i recieved another letter stating "on the xx july 08 a statutory demand for bankruptcy was sent to you, which we have not recieved a positive contact from.

 

Wetherefore find ourselves with no other alternative but to instruct our field agents resolvecall to attend your address and personally serve the statutory demand for bankruptcy.

 

If satisfactory service has been achieved by the agent, they will sign a witness statement that a personal service has been achieved which may be required by the court.

 

We do not take this step lightly, there are obvious costs incurred by this company by this personal service and witness statement. However, it is also necessary for the court, upon issue of a bankruptcy petition, to be satisfied that the creditor has done all that is reasonable to bring a statutory demand to your attention.

 

You can avoid an agent visiting your address and any further action being persued in relation to this debt by contacting us on 0871....... before (assuming they meant to add a date here but never bothered themselves)

 

If you contact us and agree a proposal for payment we will not accept any further failure without good reason and will move your account immediately to our field agents".

 

They more or less say in the letter that it was served 2nd class mail (incorrectly?) just to get a response and will have to serve it correctly if they wish to go any further with it. Proof if ever it was needed they are just using sd's as a collection tool and have no intention of following up on ignored sd's.

 

By the way this letter was also ignored as the debt is stat barred and i have heard nothing from them since.

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I recieved a stat demand from crapquest in july 08, i ignored it and heard nothing until july 10 when i recieved another letter stating "on the xx july 08 a statutory demand for bankruptcy was sent to you, which we have not recieved a positive contact from.

 

Wetherefore find ourselves with no other alternative but to instruct our field agents resolvecall to attend your address and personally serve the statutory demand for bankruptcy.

 

If satisfactory service has been achieved by the agent, they will sign a witness statement that a personal service has been achieved which may be required by the court.

 

We do not take this step lightly, there are obvious costs incurred by this company by this personal service and witness statement. However, it is also necessary for the court, upon issue of a bankruptcy petition, to be satisfied that the creditor has done all that is reasonable to bring a statutory demand to your attention.

 

You can avoid an agent visiting your address and any further action being persued in relation to this debt by contacting us on 0871....... before (assuming they meant to add a date here but never bothered themselves)

 

If you contact us and agree a proposal for payment we will not accept any further failure without good reason and will move your account immediately to our field agents".

 

They more or less say in the letter that it was served 2nd class mail (incorrectly?) just to get a response and will have to serve it correctly if they wish to go any further with it. Proof if ever it was needed they are just using sd's as a collection tool and have no intention of following up on ignored sd's.

 

By the way this letter was also ignored as the debt is stat barred and i have heard nothing from them since.

 

 

Well they obviously know the way they SHOULD have done it :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Received a SD from Crapquest two mths ago ..Postman broughtit ..nothing has happened since..totally ignored it..They trying to collect on an old marbles card ..but are trying to use the new CCA that was sent to every1 when halifax took over!! my account was already terminated so never got a new card or a new CCA to sign ..if they wanna take me to court or make me bankrupt..then would they pls get thold of the CCA that i Signed with the CORRECT account number LOL

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?302717-Capquest-grief

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November 2010 CAPQUEST started to "harras" me with daily numerous phone calls applying very threatening words including "force there way into my house and take my possesions. A Statutory Demand arrived in December 2010 followed by more threats and numerous phone calls. I fell into deep depression and went into further debt to get them off my back.

This prctise should be challenged and Capquest should be heavily fined and compensate its victims.

 

I have just written to OFT

 

Danny

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November 2010 CAPQUEST started to "harras" me with daily numerous phone calls applying very threatening words including "force there way into my house and take my possesions. A Statutory Demand arrived in December 2010 followed by more threats and numerous phone calls. I fell into deep depression and went into further debt to get them off my back.

This prctise should be challenged and Capquest should be heavily fined and compensate its victims.

 

I have just written to OFT

 

Danny

 

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.

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I was served an SD from Crapquest last year. With the help from the fine advice on this forum, I beat it. Crapquest didnt attend court, so it turned out to be a 15 minute chat with the judge then it was set aside. I have not heard anything from Crapquest since.

 

If I can help by doing something else, I will. Im very grateful for the kindness and great advice found here at CAG. It is like an oasis of useful and clever information for people in distress caused by DCA's

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I know George Davis was innocent (well... a little bit) & he does exist, but does Barry Davies?

 

Has anyone actually spoken to him? After all it's a requirement of serving a SD that you should be able to speak to him personally.

Anthrax alert at debt collectors caused by box of doughnuts

 

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I believe that someone, somewhere on CAG has actually talked to him. But maybe that was posted by someone from Capquest... ah yes, sheffieldlad, disappeared veteran of 22 posts... but the Pimpernel has the clues...

 

See post 77 here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?265319-Capquest-Stautory-Demand&p=3035598#post3035598

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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