capQuest Threatening Bankruptcy

[wee_student_saver]

Hi there,

 

I received a letter from Capquest (original debt with Halifax CC) stating they were going to issue a Statutory Demand. This debt is not statue barred and I have no documentation from either the OC or the DCA to state they owned the debt, other than the claim in this letter. I've never heard of capQuest until today

 

They claim that they will make me Bankrupt and I will lose my property and goods (I don't have any, so good luck with that).

 

I just want to clarify my next steps:

 

1) Request a CCA?

2) If they provide, make an offer for repayment (unemployed so it will be a token payment)

3) If they can't, ignore the debt?

 

Is this the correct thing to do?

 

Thanks!

[PGH7447]

Send Capquest a CCA request straight away, if they provide make an offer and also sar halicrap for any unlawful charges etc.

 

if they cant provide then they cant collect

 

good luck

[wee_student_saver]

Thanks, just wanted to make sure I was on the right page. I think the SAR would be useful as capQuest offered to halve the debt probably only because the majority of the debt is charges.

[wee_student_saver]

Also, should I worry that this action will continue, as they could continue before I get the CCA? Should I ask for the deed of assignment, I've never been informed of the sale by letter so am I right in thinking this should be provided also?

Edited September 3, 2008 by wee_student_saver

[PGH7447]

CCA Capquest - Credit agreement within 12+2 days - they cant proceed anything if they fail to produce within the time scales

 

SAR Halifax - they should produce all statements and letter of assignment within 40 days

[tiglet]

Just to clarify, they haven't actually issued the SD as yet?

[wee_student_saver]

Nopers tiglet, they are preparing it and intend to issue it in two weeks time, where it will be personally served upon me.

 

A couple of "scary" paragraphs later, they say I can stop it by phoning them and because they are so nice, they have offered a reduced settlement. I won't be phoning them but will make the requests as recommended above (thanks!).

[tiglet]

They'll send it by second class post, I guarantee it.

[wee_student_saver]

Cheeky b*****ds aren't they. I'm lucky I found this place, if I hadn't I'd probably be selling my organs by now.

[tiglet]

I think I need a new liver ...

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

[wee_student_saver]

Thanks for the info, unfortunately mine isn't statue barred but I've sent my CCA request to see what that turns up.

 

I'm guessing as the debt is only a few years old they won't have much trouble finding it!