Another CapQuest stat. bankruptcy victim - query before sending CCA

[Malagut1]

Hi all,

 

Got a stat. demand for bankruptcy in the post from the famous CapQuest yesterday (really helpful to see that I'm not the only one!)

 

After an intial period of panic I had a read through the posts and forums and am now following the excellent advice given there (have asked local court for relevant set aside forms and am going to send CCA letter recorded and unsigned.

 

I realise that this is probably a stupid question but it keeps niggling at me and would be great to have an opinion from someone before I post off letter/forms.

 

Seeing as I have absolutely no knowledge of the debt they are referring to and the statutory demand was simply posted (1st class, not recorded and only electronic signature J. O'Keefe) how would they know that I've received it? Think I read somewhere they have to prove in court that all measures to reach debtor have been taken? Have not had any phone calls or other letters before this one.

 

In short I'm torn between wanting to sort this situation out and worrying that by sending the CCA letter I will make things worse as then they'll know I've received it (and consider it served?) The amount of the debt they're chasing is £753 and would seem unlikely them going ahead with the bankruptcy thing when it will cost them nearly that amount?

 

Apologies if the above is a bit long and garbled - basically feel damned if I do and damned if I don't at the moment!

 

Many thanks in advance

 

Malagut1

[42man]

Hi Malagut.....welcome to the CAG forums, you've obviously been doing some homework....is there any chance that the debt may be statute barred ?.....the only way they could prove that you had received the stat demand is by a process server taking an affadavit into court, showing the judge he/she had tried on a variety of occasions to deliver by hand the demand to you, and requesting the judge's permission to support substituted service (1st class post).....

[42man]

Try calling the number and see if you can speak to O'keefe...if you do get to speak to this person tell them you will be setting the demand aside and claiming your costs......if you can't get through or they won't put you through then.... - A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

[Malagut1]

Hi 42man and many thanks for the quick reply.

 

CapQuests letter states that the agreement for the alleged Egg CC was signed on 1st Feb. 2001.

 

Can't be sure that it's stature barred though as have a niggling suspicion that this may be one of several cards I had back then (young and stupid in those days!!) so not sure how long payments would have been made on it.

 

Plus, I gather that I would have to provide proof of the last payment made/contact with EGG as just saying it's statute barred is not enough. Is that correct?

 

Thanks again

[42man]

It will be statute barred if you have neither made a payment or acknowledged the debt in 6 years...once you query it then, they have to provide proof to say no....

[Malagut1]

Both very good ideas/points.

 

Being of a somewhat cynical nature though I'm thinking that if they can't put me through to the O'Keefe person short of recording the call it would just be my word against theirs (if this whole thing were to escalate into a court appearance?)

 

[42man]

Log the times and dates you call.....

[Malagut1]

Good point, will do that.

 

One last paranoid thought thread to run past you please - if I do get put through and tell this person I am having demand set aside and claiming costs then again they'll know the demand has reached me.

 

Do you reckon it will be better for possible future court 'battles' if I do acknowledge this thing and try to have it put aside (am thinking about what would happen if it does go further and then plead ignorence at a hearing and claim I've never received anything from this CapQuest outfit?

 

Ok, thanks for all your help - how on earth would I tickle your scales by the way to acknowledge your helpful advice?

[42man]

It is up to you if you want to ignore the demand, only you can make that decision....but have a look at the stat demand wins here -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[Malagut1]

You're right. Not really a question anyone else can answer for me.

 

Thanks a lot again for your help.

[boozy]

dont worry about capquest, there just blaggers i got a letter 2 years ago saying id be made bankrupt or go to prison if i didnt pay, so i replied to them asking for a cca and pointed out that they had breached the admistraion of justices act, now my debt is dead

[Duffers Mum]

Personally I would never take the risk, I'd apply for a set aside and go for costs too, it costs you nothing. The judge asked me at my set aside hearing whether I owed the money to 1st Credit and I advised, no because they have not provided the correct documentation to prove I owe it, he then agreed to set aside and awarded me costs.

 

Good luck

[fiftypence]

I have had 2 stat demands recently and ignored them both. They then sent letters threatening bankruptcy but a couple of carefully worded CCA requests did the job and they closed their files.

 

I also see the alleged debt is for £753, send them £4 and that will kill the SD, they can only be used for debts of £750 plus I believe.

[Malagut1]

Thank you boozy, Duffersmum and fiftypence - your comments are very much appreciated!

 

Still torn at the moment between not wanting to let these Hyenas have the satisfaction of knowing that I've received their stat. demand and getting quite angry and just wanting to sort it out.

 

Think I might go for the set aside just to stop them going on and on and possibly pulling bigger tricks out of their grimy bag in the future.

 

Thanks again!

[The Teacher]

That is nice to know because I have CapQuest demanding £600 from me for a 3 mobile phone bill. I haven't had a 3 phone for years, and have had no demand from 3 to pay any outstanding balance, which I would dispute anyway. I will write to CapQuest asking for a CCA and telling them I will not pay unless they can prove I owe the money and I will then tell them I will ask for a set aside due to 3 not contacting me.

 

If you have any advise contrary to what I posted here it will be gratefully recieved.

 

The Teacher

[42man]

IF it gets to a bankruptcy petition, it is usually harder to battle against an opposing solicitor and a judge who may not be on your side, than it is to appear in court (I have never heard of Capquest turning up at a stat demand hearing) and chances are that you will get your costs....