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smith v halifax and cap quest urgent help

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  • smith v halifax and cap quest urgent help

    hi ...in october 2005 i was paying a D.M.P to pay my debts off so i thought...a halifax credit card balance £7791.50....its been to 2 bedt collecters and as my s.a.r and c.c.a requests have not been sent to me i placed the account in dispute with blair scot oliver.....but now the account as gone to capquest

    on child tax credits me partners under mental health income support and d.a.l
    we have a mortgage i look after him as he as been unemployed due to mental heath resons since 96

    letter from capquest 22june 2009


    despite our numerouse attempts to assist you to find an amicable solution to settle this account the ballance remains unpaid

    our investergations into your current financial position based on the information we currently hold are now complete and it is unfortunate that we find our selfs preparing a satutory demand under section 268 (1)(a) of the insolvency act 1986 which will be completed on or around 5 july 209 which will be served up on you

    if you do not apply to set aside statutory demand within 18 days or othere wise deal with the demand as set out in the appropriate notes with in the demand you could be made banckrupt and your property and goods taken away from you

    any application to set aside the demand form 6.4 in schedule 4 to the insolvency rule 1986 should be made within 18 days from the date of service up on you and supported by a affivdavit form 6.5 in schedule 4 to those rules stateing the grounds on which the demand should be set aside the forms may be obtained from the appropriate court when you attend to make the application

    remember from date of services of the statutory demand

    a..you only have 18 days to apply to the court to have the demand set aside and b...you only have 21 days before we may present banckruptcy petition


    you can stopp this by contacting us now on tel xxxxxxxxxxx as onw last conciliatory gesture weare offering opportunity to clear this account once and for all by paying a settlement of £5843.63 this is subject to you accepting this offer by 5.july 2009 or settlement over a periode of time ..

  • #2
    Re: smith v halifax and cap quest urgent help

    Just bumping your question up in case it got missed
    "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

    "Always reach for the moon, if you miss you'll end up among the stars"


    Comment


    • #3
      Re: smith v halifax and cap quest urgent help

      Has you CCA request been responded to within the required time scales ?

      It would be well worth sending a dispute notice to CQ to make them aware of the existing dispute.

      Something along these lines should do the trick:

      ACCOUNT IN DISPUTE

      Dear Sir/Madam,

      Your ref:


      Thank you for your letter of **DATE**, the contents of which are noted.

      As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with BANK NAME prior to your first contact with me, and has yet to be resolved.
      Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
      I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

      Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service.

      Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

      Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

      I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

      I would appreciate your due diligence in this matter.

      I look forward to hearing from you in writing.

      Yours faithfully
      IF they do file an SD against, don't panic as we can help..

      Comment


      • #4
        Re: smith v halifax and cap quest urgent help

        hi the above dispute letter was sent to capquest this is there responce from


        hl legal solicitors in association with sampson & co DATED 13 JULY 209

        notice of doorstep agent visit

        please be advised that our client is now makeing arrangements for its door step recovery agent scotcall limited to visit you due to non-payment / compliance ..


        to avoid possible further charges being added to your account it will be necessary for you to contact our client direct to discuss an appropriate time for the agent to call upon you.

        if immediate response is not received an agent will be despatched and will call at the above address between the hours monday to friday 8 am to 8.30 pm saturday 9.00 am to 4.30 pm

        THE DOORSTEP AGENT IS INSTRUCTED TO COLLECT THE AMOUNT DUE AND TO COMPILE A PROPERTY /ASSET REPORT TO ASSIT IN ANY POSSIBLE FUTURE LEGAL ACTION

        CONTACT FIELD MANGER IMMEDIATLEY ALL COMUNICATION MUST BE SENT TO CAPQUEST DEBT RECOVERY

        BASICALY THEY DONT GIVE A DAMM

        Comment


        • #5
          Re: smith v halifax and cap quest urgent help

          Take a look at this thread Debt Recovery Agency help - Legal Beagles in particular the letter in post #4 and the comment in post #14.

          It is doubtful that they will send anyone to your home, try not to worry about it.

          Your first big clue is that they were - apparently - preparing a Statutory Demand on 5th July, so where is it then? If they were going to issue a Statutory Demand, why are they bothering to write to you again, why not just send the Statutory Demand?

          "THE DOORSTEP AGENT IS INSTRUCTED TO COLLECT THE AMOUNT DUE AND TO COMPILE A PROPERTY /ASSET REPORT TO ASSIST IN ANY POSSIBLE FUTURE LEGAL ACTION"

          Why?

          If the doorstep agent collects the amount due, why would they also need to "compile a property/asset report to assist in any possible future legal action" because why would there by any legal action?

          The halfwits they employ to create these letters are so intent on creating anxiety in the reader, they forget what it is they are actually writing about and lose the plot part way through.

          If they have not replied correctly to your requests under the CCA 1974 then there is nothing they can do until they do reply correctly and even then, since they are out of time, they will need to seek the permission of the court.

          Comment


          • #6
            Re: smith v halifax and cap quest urgent help

            HL Legal = "Solicitors-For-Hire" used by CQ.
            They sell these TEMPLATE letters for use in DCA "harassment".
            I think they are about £10 per DOZEN !!!

            File it under Ignore as it's total cobblers.

            Even if some one did turn up they have ZERO legal rights and should be asked to leave.
            They cannot compile a list of YOUR property as that's the remit of a Bailiff and ONLY after a defaulted judgement has gone for enforcement action..

            I must admit their letters have changed a little since they last sent me one, but I don't suppose they appreciated my report to the Law Society

            Comment


            • #7
              Re: smith v halifax and cap quest urgent help

              They cannot compile a list of YOUR property as that's the remit of a Bailiff and ONLY after a defaulted judgement has gone for enforcement action..

              And ONLY if you allow them in, which you are not obliged to do.

              Comment


              • #8
                Re: smith v halifax and cap quest urgent help

                hi all CAP QUEST HAVE STOPPED ALL ACTION AND RETURNED THE ACCOUNT BACK TO HALIFAX BANK

                Comment

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