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Cap Quest SD for old halifax OD debt

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Hi all,

 

I have been reading the site for a while with interest,

following a failed business investment 3 years ago,

I have been in a poor financial state, and had the usual threatening letters/calls from a myriad of DCA's.

I have ignored them up until now, and reading the advice on here from similar cases has helped lots!

 

However, I have just receieved yesterday a letter with a computer generated statutory demand from Cap Quest, relating to a debt with Halifax bank for an unpaid overdraft.

 

The SD signature is computer generated, and some details are missing, so I think it is a scare tactic.

 

However, should I start the route of getting it set aside, as well as contacting Cap Quest by mail with a CCA request.

 

Also, should I now contact Halifax with a SAR?

 

A couple of points to note,

the address from Cap Quest is incorrect (they missed part of my house name off, the postman obviously knows my name though so I have received it!)

and the SD was sent by standard 1st class mail.

 

The SD is dated 12th April, but I only received it yesterday (17th) does the 18/21 days start from date of issue or receipt?

 

Any thoughts/advice would be much appreciated.

 

g40_boy

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What are the particulars of the debt / claim ? (don't be too specific)...also any chance this might be statute barred ? I would certainly suggest a SAR to the original creditor.....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Particulars of the debt: The debt relates to the unpaid balance of sums due under Credit Agreement dated made between Mr xxxxxx and Hbos plc in respect of HALFX current number D/xxxxxxx. The agreement terminated upon the failure of Mr xxxx to comply with the terms of the agreement and/or a statutory notice of default served by Hbos plc.

 

The rights and duties of Hbos Plc passed to the Creditor pursuant to an assignment dated 30 Nov 11

 

The Total amount due as at the date of this demand is £xxxx.xx which includes interest of £xxx.xx which has accrued since the assignment of the debt.

 

The text above is EXACTLY as it has been sent to me (no date in text for example) with just the personal bits blanked out. Amount outstanding is well above the £750 threshold for bankruptcy if they followed that route!

 

It is not statute barred, however it does not show anywhere on my credit file. I never received a letter of assignment. Last dealings with the account was around 3 years ago, nothing has been paid or admitted since. I have moved house but have mail redirection, however Cap Quest are writing to my new address (well almost, they got the address wrong but it managed to arrive!).

 

Thanks

 

g40_boy

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If you want to set this aside then you would have to send off a CCA request to Capquest, and a SAR to the original creditor.....you have no doubt seen some of the defences on these fourms, but if you are going to set it aside then you would need to be preapred to stand up in front of a judge and show any potential dispute or abuse of process (Capquest are unlikely to turn up)....

 

The fact that they haven't even bothered to serve the demand on you is a potential abuse of process....

 

What you must do however is send a copy of the statutory demand to the Office Of Fair Trading. - in their most recent debt collection guidance update they specifically mention the 'inappropriate use' of statutory demands....which this clearly is...


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Happy to go to court and more than happy to send details to the OFT. Regarding the CCA and SAR, I have printed everything ready to go, just waiting to see advice on here, however I won't get a reply within the time frame for having the SD set aside, is this likely to be a problem?

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No because you tailor your witness statement to say as such......they have the cheek to send out a stat demand without providing any information whatsoever.....and your CCA request (which goes to Capquest) has to be complied with before they can initiate any further action.....do you need help with the witness statement ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi again,

 

CCA and SAR sent today by recorded mail, with appropriate fee enclosed. I will wait with interest. What happens if I don't get a reply within the prescribed time limit?

 

Regarding the set aside, I have printed forms and looked at similar cases, but if you have a template or any advice that would be appreciated. I assume I am arguing over the fact I don't believe the debt to be mine, and they have not produced evidence to the contrary.

 

Finally, once I have sworn the documents at the court, I will be sending a copy of the SD with a covering letter to the OFT!

 

g40_boy

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Don't worry about the time limit for receiving the details back......you can state in your witness statement that they haven't sent a copy of your agreement despite your request. If there is any hint of a triable issue, for instance such as agreement enforceability, non compliant default notice, wrong interest rates on the statement compared to what the agreement says, etc etc then a judge should throw it out.....have a look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?345378-CapQuest-threatening-Statutory-Demand/page3&highlight=capquest


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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