Another Capquest thread!

[Chrisw73]

Hi All

After browsing through the forums it would seem that I'm not alone in being contacted by Capquest and I thought I'd add my tuppence worth..

A couple of weeks ago I got two letters through the post. One was from Barclays Partner Finance stating that they'd sold a debt that I owed them (apparently) to Capquest and any further correspondence should go through Capquest.

The second letter was from Capquest themselves stating that the debt had been sold to them. blah blah.. and to please contact them with a view to settling the account. I was advised that the best bet would be to just ignore the first letter as any admission of owing the debt would be all the ammo they needed, which I did.

At this point I must say that I don't actually remember any debt being owed to Barclays, other than a loan that I took out just over a year ago and have been paying off steadily. However I do have mental health issues and there is a possibility that there could be a debt I've forgotton about.

Back on track. Today I received a second letter from Capquest stating that they 'regret I have not responded to their previous letter', then go on to say how they're considering my account for legal action, how it's being passed through their pre-action validation and checks.. yadda yadda.

Have I done the right thing in ignoring them so far? And should I now send a suitable 'prove it' letter or leave it a bit longer?

Although I'm not particularly worried at this point I do have that uneasy feeling, which I'm sure is how they manage to frighten so many people into paying up withouth looking into things first.

Any help and advice would be greatly appreciated!

[mr.ton]

Re: Another Capquest thread!

Yes continue to ignore and report them to the OFT,trading standards if they keep on harassing you.
Never ring them and refuse to answer security questions if they phone you.

[winner12]

Re: Another Capquest thread!

Hi
Yes its Capquest sequence of letters they wont reply to a prove it anyway but maybe you should send a prove it to Barclays and see what they come back with

[Chrisw73]

Re: Another Capquest thread!

Hi all..

Well, after a few months of ignoring capquest they've sent this letter through, which kinda makes me a bit more worried.

So far I've ignored them completely and not contacted them at all, but now this looks a bit more serious and not sure what to do..

[wales01man]

Re: Another Capquest thread!

Highly unlikely they will bankrupt you it costs hundreds just for court fees alone plus legal costs i have had at least 6 of these threats over the years im sure others on here would agree.
And to think i want to go bankrupt if someone else pays LOL

[basharun]

Re: Another Capquest thread!

You have a few choices:
1) Continue to ignore them, as others have suggested. There's a very slight chance they might go ahead with the statutory demand (but its very unlikely). This is just a template letter at this stage of their "letter cycle".
2) Return the letter as "gone away". ie. Send a letter from "the occupier" to Capquest stating that the person named in their letter (ie. you) doesn't reside there, and attach their letter. This will automatically result in your account being taken out of their collections department and handed over to their trace department. It will also stop any collection activity, including legal action. The only disadvantage to this move is you, your neighbours, and family might start to get fishing letters and phone calls from their trace agents trying to trace you.
3) Send them the "prove it" letter, and also request their proof of assignment (found elsewhere in these forums). They then have to cease all collections/legal activities until they comply with your request. If they don't comply but continue with the statutory demand, then you have grounds to have it set aside.

[Chrisw73]

Re: Another Capquest thread!

Thanks for the advice..


I should add that with the letter they also sent 3 pages titles 'Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable immediately'

Is this an official thing that I should start worrying about or is it simply bluster? I can post pictures of the letter if needs be.

Thanks again!

[basharun]

Re: Another Capquest thread!

Ok.
Many DCA's try to use the Stat Demand as the ultimate weapon against people like you. Problem is, its an offense to do that if they really don't have any intention of proceeding with the bankruptcy (which is costly for them). Check to see that they've filled it out completely.
If they have then you have 18 days (from it being served on you) to apply to have it set aside. First thing to do is send them a "prove it". Then, if you don't get a reply soon enough, apply to have it set aside (based on the fact that they haven't proven it). You'll need 2 things (which you can get at the appropriate court): Form 6.4 Application to Set Aside, and form 6.5 Witness statement in Support.

Here's an example of what to write to Capquest first:
Dear Sirs
Re: Your reference number ------

I am in receipt of your Statutory Demand dated the ______.

I dispute that I owe you or Barclays Partner Finance the sum of ______, as I have no knowledge of this debt. (then include "prove it" and "proof of assignment" request found elsewhere on these forums).

I invite you to withdraw this statutory demand. If I do not receive confirmation within 7 days (or less depending on how many of the 18 days you have left) that you have withdrawn it, I will make an application to the court to set it aside and will be claiming the costs of doing so.

Yours faithfully

Alternatively, as I said above, you can send them the "gone away" letter saying they've got the wrong address. This is a fairly safe bet to stop them going ahead with the demand.

If you want to be 100% sure, though, then send them the "prove it", do the "set aside", and THEN wait for their next letter to send it back as "gone away".

[Curlyben]

Re: Another Capquest thread!

Sorry basharun, but DO NOT acknowledge the receipt of the SD whether it's valid or not.
Just move with a set aside and remember to claim your costs in doing so.

As an SD must be fully compliant and correctly served, the DCA's leave numerous holes open for a valid set aside application.
In short NEVER ignore an SD otherwise it can come back and bite you HARD..

Have a read of this sticky on the subject: Debt Collection Agencies Statutory Demands, a few strategies - Legal Beagles Consumer Forum

[basharun]

Re: Another Capquest thread!

Sorry basharun, but DO NOT acknowledge the receipt of the SD whether it's valid or not.
Just move with a set aside and remember to claim your costs in doing so.

As an SD must be fully compliant and correctly served, the DCA's leave numerous holes open for a valid set aside application.
In short NEVER ignore an SD otherwise it can come back and bite you HARD..

Have a read of this sticky on the subject: Debt Collection Agencies Statutory Demands, a few strategies - Legal Beagles Consumer Forum

Thanks Curlyben,

Bit confused though because to have it set aside you'll need sufficient grounds to do that, which could be 1) they haven't served it correctly, 2) They don't have the right to chase the debt (ie. assignment), 3) The debt isn't owed (ie. they haven't proven it), or any other reasons the court might consider. But, in order for the debtor to know that for eg. the debt isn't owed, he has to send the "prove it", which implies acknowledging receipt of the SD.

Or are you saying that the court will simply set it aside when the debtor shows that they haven't provided him with proof of the debt, or proof of assignment? IOW, the debtor doesn't need to request this info from Capquest, but it CAN be set aside if Capquest didn't provide it.

I agree that ignoring an SD can be risky, and I'd advise against it. On the other hand, though, having the inside scoop on how Capquest operates, I can tell you that they will not proceed with the SD if they receive info that the address is incorrect. It's an automatic process that the account will be removed from "collections".

[Curlyben]

Re: Another Capquest thread!

You missed out one of the best ones, failure to comply with a CCA request, demonstrates a clear dispute

[basharun]

Re: Another Capquest thread!

You missed out one of the best ones, failure to comply with a CCA request, demonstrates a clear dispute

Yes, exactly...and I'm assuming that would be grounds for the court to set aside the SD.

[messimoo]

Re: Another Capquest thread!

I had a claim discontinued by the courts after 1st crud tried it on only to be passed onto thier sister company connaughts who in thier infinate wisdom sent me a stat demand through the post. A well worded e mail to them telling them what I would do with their bankrupcy threat (not repeatable here) and indeed to check with Mr Flynn at 1st crud that the claim was discontinued and thrown out of court . I never ever heard back. that was well over a year ago

[bluebottle]

Re: Another Capquest thread!

I had a claim discontinued by the courts after 1st crud tried it on only to be passed onto thier sister company connaughts who in thier infinate wisdom sent me a stat demand through the post. A well worded e mail to them telling them what I would do with their bankrupcy threat (not repeatable here) and indeed to check with Mr Flynn at 1st crud that the claim was discontinued and thrown out of court . I never ever heard back. that was well over a year ago

They are very lucky they didn't get hauled in front of the judge who threw their claim out for contempt. What on earth possessed 1st Crud/Connaughts to do something so stupid?

[messimoo]

Re: Another Capquest thread!

I think its called trying your luck and sheer greed, you know and I know what to do in these situations, but a lot of people don't and when they receive these fraudulent bits of paper just go with the flow , thats why this site is so important to help people in this situation so these companies don,t mess up peoples lives for unenforcabe debt.