Statutory Demand from Capquest - Advice needed

[umgeni]

Hi All,

I'm a new member to this forum, I was directed to it from Money Saving Expert.
I've found lots of very useful info but have the following problem.

I received a letter from Capquest yesterday with a Statutory Demand form (filled in) attached.

I understand that this company are handing these out like confetti in the hope that one or two may stick, but it certainly has got my attention.

My situation is quite complex, I ran a business which was made insolvent a number of years ago. Some of the debt was from personal credit cards which were used to run the business.
I have something like £50K worth of debt spread over about 5 cards and personally guaranteed overdrafts.

I seriously considered going bankrupt as I have no assets (and am currently out of work) but decided not to as it could affect my job and future career.

I decided, as the debts are approaching 6 years old and would then be statute barred, I would try and sit it out.

This debt will be 6 years old next October, no doubt capquest are doing their best to get their bit.

The letter has details of the original credit card company, amounts involved and dates.

I have been sent a form which says I can either pay the debt within 21 days or apply for it to be set aside within 18 days.

Having looked through the previous posts I have sent CurlyBen's standard CCA request letter today by recorded delivery (with a £1 postal order).

I would like to know what is likely to happen next? As I understand it, if they do not send back the correct info within 14 days they can no longer enforce the debt, is that correct?

Does anyone think this is one of capquest's standard scare tactics?
If they did make me bankrupt they would get absolutely nothing (and would save me the £450 fees into the bargain!)

Any help would be greatly appreciated.

Thanks

Just to add, I have never acknowledged the debt, answered their calls or communicated with them in any way.

[Caspar]

Re: Statutory Demand from Capquest - Advice needed

Thanks to www.debtquestions.co.uk for this information.

It is TWELVE working days for them to supply a CCA so they are way past that. If they supply it later then it is still enforceable providing it is a fully executed true copy. The twelve working days means that if they cant produce it within that time then they cant take action until they can.

You would hope that they cant produce any type of copy and then you are ok, however it is quite complicated as they are allowed to re-construct a copy and it seems different Judges view contested claims differently. If the debt has been varied, EG the credit limit altered or the interest changed (and most CC debts have) then you can insist on seeing the original copy, this is according to Judge Waksman in the recent ruling at Manchester High Court.

You could be in for quite a fight but for now I would sit tight as they have produced nothing.

I do know that the courts advise businesses don't take individuals to court unless they're going to get something out of it. As this is the case with you and presumably they know that, why spend all that money to get nothing back?

[TUTTSI]

Re: Statutory Demand from Capquest - Advice needed

Hi Ungeni

I believe the CCA request is 12 days + 2 for delivery.

The stat demand should not be ignored under any circumstances.

Are you able to post this up omitting your personal details so that we can confirm if this conforms and is actually valid.

Sometime they fill these in as a frightener so we must not loose sight that you only have I believe 21 days from date of issue otherwise they could go down the bankruptcy route.

Tuttsi

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

I will post it but don't have a scanner handy, I'll put it up asap

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

As Tuttsi has already said do NOT ignore this.
Get it set aside AND report them to Trading Standards.

SD's should NOT be used for Consumer Credit debts in this manner, and Capquest know this only too well.

Also this is a MUST read: Debt Collection Agencies Statutory Demands, a few strategies - Legal Beagles Consumer Forum

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

So from what I gather, I have to wait until they miss the 12+2 deadline (or send incorrect paperwork) and then apply to the courts for it to be set aside? Or can I do it straight away?

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

Get to doing the set aside NOW.
Takes a while to get things sorted..

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

I've been looking through your guides Curlyben and I've learned a lot from them, but I'm confused about how to set aside now? What grounds could I use at the moment?

One thing to add, the SD was sent by standard post, there was one letter 3 days earlier saying one would be sent, no door step threats etc. Also The original defaulted amount was just over £4K, an additional £2700 has been added for 'interest'.

[Caspar]

Re: Statutory Demand from Capquest - Advice needed

PLEASE can someone who knows this answer the question - it would be very useful for me at the moment as well. Maybe one to add to template letters?

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

umgen, it would help greatly if you could scan and post the SD itself.
You have a couple of reasons, just off the top of my head, incorrect service and amount.

CQ CANNOT simply add interest or charges as they feel UNLESS there is a specific contractual clause allowing this, and in consumer credit accounts this is normally lacking.

Also have you even received notice from the OC that this debt has been sold to CQ ?
For CQ to be taking this action they MUST be absolute owners of the debt as defined under Law of Property s136, etc.

Caspar, dealing with SD's isn't a cut and dried affair, so template letters etc don't really fit the cases. Each needs to be dealt with individually.

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

I have attached scans of the correspondence I have received from Capquest.

To summarise, I haven't received any prior warning of a SD to be served personally, the letters were all received by first class post, I don't think I ever had a letter from the original creditor.

Hope you can help!

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

Well that's rather dubious.
The telephone number should be Barry's DDI, NOT a generic collection number.

They mention assignment, have you ever received notice from Citi that tis has taken place ??

Also have you received the actual agreement from CQ or even Citi ?

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

Well that's rather dubious.
The telephone number should be Barry's DDI, NOT a generic collection number.

They mention assignment, have you ever received notice from Citi that tis has taken place ?? - No I have never seen one, but there could have been one sent to a previous address?

Also have you received the actual agreement from CQ or even Citi ?

- No I have never received one!

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

All good so screwed assignment as well.
That makes a serious set aside point as well.

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

It doesn't surprise me!
I'm unsure how I should word this in the affidavit, are there any guides, template phrases etc. that I should be using?

Thanks for your help so far on this!