capQuest Statutory Demand

[NewToThisUK]

Hello and thanks for reading this.

 

I came across this site when I received a Statutory Demand through the post from CapQuest.

 

I was unaware what this was so I decided to look it up.

 

The default date on the account in question was early 08,

and due to my job I move around a lot and this is the first I had heard of it in a very long time.

 

They may have sent letters, but I never received them, and as I don't really apply for any credit or go on the electoral register they wouldn't have had an up to date address anyway.

 

I see from a lot of the threads that I have now read they sometimes use a SD as a threatening letter as such.

 

I leave the country in Sept and I don't actually return until after the debt would have been over 6 years.

 

Also from what I have read on this site I think I'm right in saying it would then have been to long to be collected on.

 

The default was on a bank loan.

 

My work messed my pay up and I received no pay for two months.

I wasn't paid a great deal at the time so there was no savings for me to dig into.

 

I did however go into my bank at the time and sit down with an advisor and explain this.

 

My loan was with the bank and when he said everything with my account would be ok,

I naively assumed that included the loan as it was with that bank.

 

However I now believe there two different heads of the same beast so that wasn't the case.

 

I never stopped my direct debit and like so many others I never really checked my account as long as I had money left at the end of the month (lesson has been learned since then).

 

So for quite a long time I didn't even realise I had defaulted on the loan (another change of address and I thought telling my bank

of my new address would mean the loan people would know as well as it was with the bank.

Thus any correspondence they may have sent would have gone to an address where I was no longer living.)

 

Can I please get some advise from someone as to what they think I should do next.

 

Thank you again for taking the time to read this.

[citizenB]

You might want to think about getting the SD set aside.

 

I would think lack of communication, pre action protocol could possibly be sufficient reason.

 

You do need to send a CCA request as non compliance of that will put the account into dispute.

 

You could also write to the Solicitors with a copy to CQ advising that it is your intention to set aside the SD and you find it very worrying indeed that the first time you hear anything about this account is when they issue a Demand.

 

The fact that they have your address in order to do this, implies that they could have indeed made some contact previously.

 

There are plenty of Stat Demand threads that you can have a read of, so you have some idea what to do. I will also send out an S.O.S on your behalf.

 

You have 18 days from the receipt of the demand in order to get it set aside.

[NewToThisUK]

Thank you for replying so fast.

 

Ok this will sound dumb but what is a CCA? I am very new to all this.

 

Also how is the time the expiry date on the debt calculated? Is it from the last payment I made on the debt?

 

If so I think the date might be wrong as if I remember rightly (it was a while back) the last payment was made mid to late 07 where as my credit score has the date as early 08. I could quite easily pop to my bank tomorrow and find out the date the last payment was made if this is the case.

 

Thanks

[citizenB]

CCA = Consumer credit Agreement

 

There is a draft request in the CAG library, which is linked at the top right of each screen (highlighted in green).

 

You will need to enclose £1.00 with the request (statutory fee).

 

The creditor has 12 working days + 2 to comply - if they dont, then you will be able to claim the account is in dispute.

 

In theory, if they have not complied with a CCA request then they should not be able to proceed with litigation.

 

You are entitled to receive from your request....

 

A copy or truthful reconstruction of the original agreement.

Statement of account which shows any default charges.

Terms and conditions from inception and current or at default - if there were any variations made to the T&Cs then they should also be included.

 

Do you recall receiving a Default Notice or Notice of Assignment (letter advising that the account was sold to CapQuest) ?

[NewToThisUK]

Thank you, I will get one printed off.

 

I don't recall receiving a default letter, this doesn't mean they haven't tried to send one though. As I said I have been hard to get hold of as my address changed a lot due to work.

 

I got my credit history up and it says Aug 07 was the last time a payment was made, Dec 07 a default was served and Jan 08 the account had been closed (That's the original loan). It says no where about anyone buying it (although I don't know if it would on there). It says in the letter from CapQuest they bought it in 2009.

[citizenB]

Dont suppose you live in Scotland ?

 

You are just a few months shy of the debt being statute barred.. last payment August 2007 + 6 years would be around September this year. However, if you live in Scotland that would have been 2012.

[NewToThisUK]

So does Statue barred come into effect from the last time I made a loan repayment to the bank and not from when the loan was closed/defaulted?

[citizenB]

Unfortunately you will not be able to "stick your head in the sand" as you have now been issued with the Stat Demand and you Must seek to set it aside.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued.It does not.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation

so they can sue when they are not allowed to.

 

[NewToThisUK]

OK cool so ill send the CCA and se what reply I get. Im surprised they haven't taken any action like this against me before as they have had the debt for so long.

[citizenB]

They have probably been trying to trace you

[NewToThisUK]

Why didn't they just carry this out on the original address they had of mine or any there after?

 

From what I can make out it will process even if I do nothing. If it was going to benefit my company I would..lol

[renegadeimp]

DCA's normally go for older addresses so they can get the action they want, and by the time the debtor realises its too late. It's not illegal or unlawful either as they could say its the last known address for you.

[citizenB]

I simply dont know the answer to this. They do purchase huge bundles of debt, so it could be that they have only just got round to you. Or they only just noticed that it was coming up to statute barred.

 

There could be any number of reasons.

 

What is so frustrating is that they are using the insolvency regime to recover a consumer debt and that is wrong. Previously DCAs did indeed use this as a "threat" and were not prepared to take it further. Having seen some DCAs - 1st Credit and Muck Hall, receive censures for using the SD as a debt collection tool - there are now course forced to take it to the bitter end eg Bankruptcy, if you dont get it set aside.

 

 

Just noticed that this was sent through the post.. What is the date on the demand - what method of postal service was used ?

[NewToThisUK]

It was sent by first class. The date on the letter is the 21st of march and I received it yesterday. Does this make any difference?

 

Apart from the fact I could say I didn't get it I suppose.

 

If I do have to pay this back, does anyone know what sort of interest charges CapQuest apply?

Edited March 27, 2013 by NewToThisUK

[citizenB]

Hmm.. well TBH, I am not certain if you take the time (18 days) from the date of receipt or the date of the actual demand. Because it is my understanding that they are to have attempted to serve you personally before sending by post ?

 

So there was a 6 day delay before you received the actual Demand and also you are going to lose 2/3 days because of the Easter Break.

 

I have sent out S.O.S on your behalf in respect of this..

[NewToThisUK]

There was defiantly no attempt to serve it personally.

[citizenB]

I have sent S.O.S for you - I would think it will be more likely that someone to looks in over the weekend.

[NewToThisUK]

Ok ill wait to se what is said at the weekend.

 

Thank you again for all your help so far. I really appreciate it.

[citizenB]

[citizenB]

You asked a question earlier that I missed - what sort of interest charges do CQ apply. Untill they provide you with a copy of an agreement with a clause that permits them to add to interest/charges - then they cant actually add them

[Guest]

afaik. technically, time runs from when deemed served or actually received.

according to the rules, there should be attempted personal service if 'practicable' prior to any 'substituted' service. they would have to do a statement re what they did. if it gets that far.

if substituted service is deemed accepted then service prob would be according to the postal rules unless shown otherwise.

Edited March 29, 2013 by Ford

[NewToThisUK]

I have sent the CCA off so I guess I wait for that to return now.

 

What if that takes longer then the 18 days I have to respond to the SD ?

 

The amount to repay is 6K so im hoping when I repay, as ill have to pay it back monthly, the interest is not something stupid.

[citizenB]

It almost certainly will take longer than the 18 days - so you should think about getting it set aside and the reasons for doing so.

 

Have a look round the other Stat Demand Threads (try the "Success" threads) as they will be up to date.

[NewToThisUK]

I have had a look at them and im not sure if I tried to get it set aside if mine would be successful as I only really have the grounds that this is the first correspondence I have received off them. They could easily just produce other letters with different dates... I would..lol

 

I think I might have to just bit the bullet and ring them and see if I can sort out some sort of repayment plan.

 

Do you think they would be likely to take a token monthly payment as in January when I get back from afghan I will have my bonus and I could use it to try and get a deal to pay less but pay it all off if that makes sense.

[citizenB]

If they had issued a regular court claim (IMHO they shouldnt be using Stat Demands as debt collection tools) then the fact that the first time they made contact was by way of a stat demand would put them in great trouble with the court.

 

You could if you wish send a letter to the solicitors along the lines of..

 

That you are surprised that the first time you hear from them is by way of a Statutory Demand

That they did not personally serve the document

That they posted by regular mail which took 6 days to arrive with you

That as far as you are aware, no contact has been made from the original creditor by way of Default Notice or Notice of Assignment.

 

There is little you can do over the BH weekend. So it might be worth waiting to see if those with more legal knowledge than me look in and advice.