Hi, The SD refers to a Preference Account so I Googled and found a few links (see below). Is this a bank account or loan? Should I ask for a CCA or is there no point/not relevant? What is a SAR request and could that help? http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/16654-bank-scotland-preference-account.html Bank of Scotland Accounts - Review - Preference account DONT DO IT

Hi, If what they are chasing is what I think it is, it wasn't an actual bank account that I opened. I took out a loan and they also gave me a cheque book in addition to that loan that I could write cheques up to a certain limit. It wasn't an account I could pay money into or do anything else with. It was purely for writing cheques if that makes sense? I don't recall completing an application form for a bank account or signing a separate agreement. I could be wrong but I think it was part of the loan application. Even if it isn't covered by the consumer credit act is there some way I can make them provide information about what this debt is including copies of the application, agreement etc? Surely if they can provide no copy of an application and agreement then they cannot prove I owe this money? I have a letter from Capquest dated Feb 2008 (to my address) where the balance of the account is approx £650.00 less than it is now. The SD states that they have added just over £800.00 in interest since the debt was assigned to them. Is this another point that can be used on the set aside? I am unable to find the previous SD right now but I have a letter from Resolvecall dated February this year (at my parents address) that refers to one of the previous SD and that I have not acknowledged or set it aside. What happens if the judge decides not to set aside. Will that make Capquest go ahead with bankruptcy? If it is set aside and they have to pay costs will that not just make them angry and ensure they do things properly next time? Thanks for all your help. E

Hi, I been looking at the SD again and although it was hand delivered on Friday 19th March it was actually dated 15th March along with the covering letter. When setting aside the SD would it also be worth taking the previous two along with me (assuming I can find them) as this shows that they are using the threat of a SD to scare debtors, or would this cause more problems? Is it worth requesting a CCA? As mentioned before I'm not sure that there was a credit agreement.

Hi, The SD was sent to me at their address, but their name was not on the SD. I've looked at the forms and they look scary! I'm not sure if I actually have grounds to set aside. Would I be better off sending for a CCA first? They delivered the SD at around 7pm on Friday evening so when does the clock start? Friday, Saturday or Monday? E

Thank you for your very quick reply. My name and the address on the SD and accompanying letter (window envelope) was my parents address. They didn't sign anything. He just handed it to them, but that could have been because of their disability. He would have found it difficult to get a signature and so probably decided not to ask.

Sorry for the very long post but I want to try and give as much info as possible. About 5-6 years ago my circumstances changed and I got behind with my credit cards, loans etc. I came to agreements with my creditors and kept up the payments but after a few months they started hounding me to increase the payments. I was a single parent with 2 children with not enough money to cover essentials and I got to the point where I pretty much had a breakdown with the constant telephone calls, letters etc. Enough was enough and I stopped paying and told them all to take me to court and changed my telephone number. Three creditors did take me to court and I have 3 CCJs which I pay every month. I have no problem paying a reasonable amount and want them to take me to the County Court. I'm not trying to evade paying but I won't be bullied. I am now a freelancer but there isn't much work around so things are very tight. So much so that the last few months I've had to borrow from relatives to cover the rent. All my creditors have my address and my credit file shows my address for my debts and bank account, utilities are in my name and I'm on the electoral roll. My bank account, one up to date credit card (only £300 limit) and mobile phone contract are all up to date and on my credit file so there is no question that this address is current. All creditors had letters telling them that I had had enough of their bullying and I wanted them to take me to court and until then I would not be communicating with them. I'm not hiding from anyone, I'm just not going to be bullied. About 2-3 years ago Capquest purchased one of my debts (just over £3000) and started writing. They posted two SD to my address to which I didn't respond as they weren't signed or served properly and I guessed it was a bluff and I wasn't worried if they did make me bankrupt. Then nothing until a month or so ago when they started telephoning my parents and writing to me at their address (which is a couple of minutes walk from my house). They are elderly and disabled and the calls are very upsetting for them and embarrassing for me. My parents have told Capquest I do not live there and asked them to stop calling but they don't. I have never given their address or telephone number and even when I lived at home I had my own telephone number. They have no legitimate reason for thinking I live there and I can only assume they are contacting them to cause distress. On Friday evening a very rude man called at their house and asked for me. They told him I didn't live there and he became very nasty, insisting that I did, that they were lying and told them that I owed money and my debt would effect their credit rating (not sure if that's true or if he can disclose information about me like that). Without giving too much info their disability is obvious and would have put them at a great disadvantage and made it very easy for the DC to mislead and frighten them. Just shows what a yellow bellied coward he was. He then handed them an envelop with a statutory demand. When Capquest sent the previous SD they were identical to the form 6.1 you can download from the Internet but this one has been re-created by them (looks different) although I think it has everything it should have. Do they have to use an official form 6.1 or can they make their own? It also has a blurry signature image rather than a real signature. Is this a legitimate SD? I have checked my credit file and it does show this debt and the address stated is mine (not my parents) and the record was updated as recently as 4th March so they know full well that I don't live at the address they served the SD at and have no reason to think I do live there. The more I look at this the more I feel they are using the SD as a scare tactic. If they were serious they would serve the SD at the address they know I live at. If they did go for bankruptcy what would the court make of the fact they delivered the SD to an address they know I don't live at when they could have very easily walked around the corner and delivered it to the correct address? I work from home and I'm here most of the time and in all these years not one DC has called at my house. Although on the surface it looks like they are serious because they hand delivered the SD my feelings are that it was purely a DC visit to which he brought a SD to cause fear and distress. What do you think? In total I owe in the region of 50K (most of my debts will become statute barred later this year and next year). I rent my home. I have no partner. I have no assets to speak of. Most of my furniture is 8-10 years old. Appliances are part of the rented house. I work as a freelancer and my income is low. I currently receive tax credits as my son is in education but he will be finishing in June at which point tax credits will stop and I will have even less money. Bankruptcy is probably the best thing that could happen, but my concerns are more for my parents as it would upset them greatly. Do Capquest investigate your financial circumstances before issuing BR papers? If they do make me bankrupt it would cost them money and they'd get nothing back. I, on the other hand, would be debt free in a couple of years. Are they that stupid to fund my bankruptcy? I am concerned that this DC may return and my parents might be pressured into handing over what money they have to make him go away and save me from bankruptcy. Although my parents are very upset and angry with this man I think they also feel they don't have the right to complain because I do owe money. I don't contest the debt but at the same time because it's so near to the 6 years I don't want to acknowledge it unless they do server CC or Bankruptcy papers. Although I wouldn't go down the bankruptcy route myself I also know it won't be the end of the world if they do. What should I do if anything? The debt is for a BOS credit account (just over £3000 including Capquests charges) which was a cheque book only. I took out a loan (a separate debt) with BOS and separate to the loan they gave me this cheque book as an extra 'benefit'. They kept upping the balance. I'm not sure that there was actually an agreement signed for this or a separate application. I remember being surprised by it so it wasn't something I went out to apply for. I think it must have bene part of the loan agreement documentation. Should I send a CCA request just in case it isn't an enforceable agreement? As I don't think I have any grounds to set aside and I have nothing to fear from bankruptcy should I just call their bluff and wait for them to make their next move? How can I stop them harassing my parents without making contact myself? Can a third party make contact on their behalf and what should they say? Is it illegal for a DC to tell my parents my business and how do you prove it? Taking all the circumstances into account how likely are they to proceed? Are they really likely to incur the cost of applying for a bankruptcy order when a CCJ would be a much cheaper option? Thank you for taking the time to read this post. E