Halifax/1st Credit

[babydoll0141917]

LOL@Fred You made me chuckle:D

 

And can i pls have Peach bath towels

[babydoll0141917]

UpDATE

 

Well robbers way have said see ya later( Whatta shame i was enjoying their Letters) ..And returning account OC

[babydoll0141917]

Update

 

Well finally had a letter from marbles to say that Halifax have took over the account and so say its been asigned to Capquest..had a letter of Capquest to say the same,,Will be sending a CCA tomora!! hopefully i will get the same CCa that robbers way sent..no sigs anywhere..newly printed out got the road wrong and an account number that aint mine..I do know we were given new account numbers , But i want me historic agreement that i signed no new unsigned agreement,,lets see what i get back

[babydoll0141917]

Hi

 

i was on a payment plan with marbles for 2 yrs ,,all of a sudden hada letter from robbersways..Sent a request for cca,, they sent a CCa but unenforcable..Sent letter is dispute,, they passed it back to marbles/halifax..2 days ago i get a letter from marbles/halifax saying they have sold the account to capquest Capquest sent a letter they want payment by 22 june or gonna pass to HL solictors..Do i CCa capquest or send the bemused letter to them??

[PGH7447]

send the bemused letter

[babydoll0141917]

Thanks:)

[babydoll0141917]

UPDATE

 

Sent capquest the bemused letter ..they now passing the account back to robbers way

[babydoll0141917]

UPDATE

 

Sent Capquest bemused letter in june 09..They said they would pass account back to robbersway ..didnt hear nothing until jan 10 ..Capquest still hav the account ..i wrote to them eclosing a copy of their letter saying they had passed back to robbers..They then write to request why the account is in dispute,,Do i tell them why ..Or just leave it ??

 

Thanks guys

[babydoll0141917]

Hi Guy

 

Old marbles cred card debt 7000.. robbers way had it first ..sent them a cca request..got back a newly printed CCA diff account number than the number on my card ..and no sigs anywhere..put in dispute ..then capquest got it ..told capquest is in dispute with Robbers ,,Letter from cap said they was passing back to Robbers..In jan more letters from capquest ..reminded them about there letter that they were sending account back to Robbers..they then wrote asking me what dispute was over..I couldnt be asked to answer them ..Have just received another letter threating with SD on 8th March ..Shall i ask for a CCA from them ??

 

Thanks guys

[palomino]

Asking for a copy of any agreement is a good idea.

 

However, how about a different strategy. Wait until the SD is served on you and then have it set aside on the grounds that the matter is under dispute. If the SD is set aside then it will be quite some time before Capquest try it on again.

 

In the meantime I would formally complain to the OFT about this as it is clearly in breach of their Debt Collection Guidance - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf.

The specific clause you want is 2.6 h.

[babydoll0141917]

Hi palomino and thanks ..I could wait i guess ..it may be just a threat ..I hav nothing to give them anyway rented accom unemployed and no assets that will go near 7000 lol..I know they hav brought the debt so will the dispute with robbers still stand?/ i guess it shudnt hav been sold whilst in dispute ..robbers did hand back to halifax when i questioned them on the CCA

[comebackjimmy]

I am in possession of several SD's which I ignored as I had no assets they could take. After the expiry period I just got back on the begging letters merry-go-round.

 

If they have a valid claim against you they are more likely than not to start CCJ proceedings as this is cheaper and does not involve any other potential creditors in dividing your assets if they win.

 

The bankruptcy threat, whilst potentially serious is in reality not a very business-like tool unless they know you have sufficient assets for them to get their full payout.

 

I would back palomino and see if they issue the SD. If you want to set it aside you can do so and ask for a shed load of expenses from the judge for taking the time to read upon bankruptcy law etc. This has happened on other threads.

 

It would be a nice little spring time win.

[debt4get]

yeah if they issue sd you can apply for set aside plus costs..abuse of court time issuing sd' its like taking a sledgehammer to crack a nut and is not looked on kindly by the courts

[babydoll0141917]

Thanks guys ..i feel a bit better now!!i will wait and see if they issue and get it set aside ..i think i will CCa them too !! I know they wont hav an agreement bcoz robbers couldnt produce one .only a new reconstruted one !,,Capquest dont know that i have nothing to offer think ill let them know in The cca letter

[Huff&Puff]

If you have already CCAd them, then there is no need to do so again. They know full well that the alleged debt is in dispute, and why.

[babydoll0141917]

I havent ccaed Capquest..I ccaed robbers way!! put it in dispute has the CCA werent MY cca..they sent it back to halifax and halifax sold to Capquest..Thats why im going to CCA capquest..might stall the SD

[palomino]

...they are more likely than not to start CCJ proceedings as this is cheaper ...

 

No it's not - it doesn't cost anything to issue a Statutory Demand (other than postage). You must pay court fees to have claim issued in the County Court.

[debt4get]

it doesnt cost anything to issue..but costs become an issue for them if defendant applies to set aside..courts do not like sd being used for debt collection practices

[comebackjimmy]

I think Palomino is right to suggest that starting a bankruptcy costs nothing as it is simply a matter of issuing the SD.

 

However to follow through then costs a few hundred pounds. In contrast starting a CCJ is a lot less expensive.

 

My point is that the overall cost of making someone bankrupt is more than it costs to get a CCJ against them in most cases so I would think the commercial thing to do is go the CCJ route if you have a good case.

 

Added to that is that a successful bankruptcy involves every other creditor in the division of any assets whereas a CCJ only involves the original creditor.

[palomino]

Very good points!

 

I understand (must check this out though) that a creditors' petition for bankruptcy costs the petitioner around £1600.

And then, as cbj says, that creditor will receive a proportion of the available funds. Hence is out of pocket by the balance of the debt and by the cost of the petition.

For this reason any creditor considering this course of action will have done their homework to ensure that you have sufficient funds for all creditors to be paid out in full.

Edited February 26, 2010 by palomino

[babydoll0141917]

Hi palomino ..Well Capquest hav no idea about my fincial income..Which is absoulty nothing other than my partners student finance ..I take it this could just be a threat ?? i hav read posts on Caggers being issued with SD but no warning first ..I will get it set aside if they were to issue ..ive also sent of By recorded a letter for my CCA

[palomino]

From what you describe this is just an idle threat. Someone above has suggested applying for a set aside with costs. Sounds like a good time to supplement your income .

[babydoll0141917]

Im a 44 yr old woman who has been job hunting every wk for over 2 yrs..Ive had a few interviews but to no avail..Not my fault no1 will employ me.. And my partner is a Mature Student

 

Also would Capquest need a valid CCA to make me bankrupted??

Edited February 26, 2010 by babydoll0141917

[babydoll0141917]

UPDATE

Sent CCA Letter to CRAPQUEST ..Had a letter backfrom them today saying account is on hold for 28 days whilst they hunt for it

[comebackjimmy]

Ha Ha

 

Hi Babydoll

 

So these guys have issued an SD with no paperwork to back it up.

 

I suggest you copy the SD and the letter they have just sent you and write to the MOJ, Trading Standards and FSO. One of this mob may be interested in the use/abuse of the legal process I.E. issuing a demand without themselves knowing if they are able to prove the debt.