Urgent help with CapQuest Statutory Demand

[sp82wolves]

Im not sure if this is the correct place to post this as I am new but really need some help/advice from someone in the know.

 

This morning (2nd December) my partner received a hand delivered envelope from CapQuest. The man at the door was trying to get my partner to get on the phone to someone to discuss this letter which at the time he did not know whow this letter was from or what it was about.

 

My partner declined to get on the phone as he was just heading out the door for work.

 

I have read through this letter which is dated 10th November (3 weeks ago!) which to paraphrase states "you have failed to respond to correspondence in a satisfactory manner....... no alternative but to serve you with a Statutory Demand for Bankruptcy" . There is a warning that he if he wishes this demand to be set aside he should make an application within 18 days from service upon you or deal with this demand within 21 days.

 

In the particulars section of the demand it basically says the debt relates to credit agreement with Halifax dated 26 Jul 2003. The agreement terminated on failure to comply with the terms. The debt was passed to CapQuest in Nov 2007. The amount is £21,582 including £7,522 interest. There is no way we could pay that amount of money off!

 

To my partners knowledge he has not made a payment on this account since mid 2004 at least, therefore in my opinion this debt should be Statue Barred.

 

So I have a few questions:

 

1. How can we figure out if this debt is SB as we cannot find any documents relating to this debt?

 

2. How can they possibly expect my partner to comply with this demand as he is already out of time from the date of the letter and we cannot prove he only received this letter today being 2nd December?

 

Sorry for the long post, I hope it makes sense.

 

I would really appreciate some pointers on this matter as it is worrying me to death.

Edited December 2, 2011 by sp82wolves
typos

[dx100uk]

typical crapest tactic

they have been severely reprimanded recently for issuing SD's like confetti as adebt collection tool.

and they were done for purposefully holding onto debts until the last possible moment

so £1000's are added in unlawful fees and interest etc etc.

 

ok dont worry - i doubt this is 'real' as such and holds no water

[just type in capquest SD in our advanced search top right]

 

if it IS sb'ed, that is an absolute defence

 

you need to ring halifax and ask when the last payment was made

 

and you need d to get a copy of her CRA file [say from creditexpert site]

 

make SURE all her addresses are listed too.

 

comeback with that info.

 

in the meantime

 

contact no-one else

dont pay anything to anyone

esp any doorstepper

 

THEY HAVE NO LEGAL POWERS anyhow - just like crapest!

 

dx

[sp82wolves]

Thanks so much for your reply dx100uk,

 

He rang Halifax this morning and ascertained there were hardly any payments in 2004 with a couple in 2005, the last payment being Dec 2005.

 

I will get him to get his CRA file later when he comes in from work, what info will we need to be looking out for on it?

 

Thanks again for the pointers

 

regards

[dx100uk]

ok so it will now prob be statute barred [6yrs from last payment]

their SD will not reset that

so thats why they are trying it on.

 

to catch a mug.

 

get that CRA done

see if the debt even shows

make sure all addressess are linked

 

also read and sub

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands&highlight=sd+capquest

this thread

and post a link to here

 

dx

[sp82wolves]

Right then,

 

He now has a copy of his CRA from credit expert, this debt is not listed on his file at all and the addresses are linked.

 

What can we do now to stop them from writing or visiting any further? or do we just ignore this SD?

 

Kindest regards

[DonkeyB]

If the last payment was December 2005 it probably is NOT yet statute barred – which is probably why they have issued the SD.

 

However, there are numerous ways to overcome the SD – by which time it probably will have become SB. Issuing an SD does not, as far as I know, stop the SB clock in the same way as issuing a court claim does.

Edited December 5, 2011 by DonkeyB

[dx100uk]

correct

 

pers i'd ignore them

 

please read that thread and post on it for confirmation

post a link to this thread.

 

dx

[lilly white]

Capquest are getting silly....... need help shout,