capquest stat demand for old SkyCard Debt? *** WON + COSTS ***

[Kittyau]

I have also received a Statutory Demand from Capquest, dated 7th may 2009.

 

It was posted 1st class Airmail to my PO Box in Australia where I now live and arrived her 18th May - as post marked.

 

I do not know what the debt is as it claims to be from M&S Money dated 26/6/2003, The name is slightly incorrect and the date of birth has wrong year.

 

I have read all the posts and seen the advice given. I do not know how to set aside this as I do not live in the UK, the court they have listed is in Pontypridd, Wales

 

Any advice would be greatly appreciated.

 

I have no assets in UK.

[ODC]

I stand to be corrected but as you are now living in Oz and they are obviously aware of this they havent a hope in hell of getting a judgement against you. Have you ever applied for a CCA. Any document they issue would be flawed with the wrong name and dob.

 

I have asked for one of the SD experts to have a look

[42man]

I agree with ODC, how ridiculous is this ?.....they would have to enforce in Australia, but as you do not recognise the debt, i'd really urge you to report this to the OFT (here in the UK). In my view this is nothing but carelessness and a desparate attempt to frighten you into paying......

[ODC]

I was thinking that if Kitty did return home for a Set Aside and was succesfull it would cost Crapquest a fortune in costs at 40p per mile:D:eek:

[Linus]

Nice point ODC, 10400 miles @ 40 p per mile = £4160, :grin::grin:

[Kittyau]

I was completely surprised when the stat declaration arrived. Having closed all accounts in Uk prior to departing in 2007. I had no arrears and no debts outstanding, and my credit history reflects this. On receiving the stat dec, I registered with Checkmyfile, with a little hassle because of my aus address and credit card, but managed to obtain a current UK credit check, and noticed an entry that a debt collection agency had entered on 5/4/2009 a Bank default listing the address I lived at in 2003, a miss spelt name, and incorrect birth year. It states the account was closed on 19/07/2005. I do not have any bank accounts in UK, as my accounts were closed and all monies transferred to Aus.

 

The stat Dec shows a similar amount as shown on the bank default, but states it's for Marks and Spencer Money - and I have never had an account of any sorts with Marks and Spencer.

 

I'm Baffled to say the least, and have no intention returning to Uk in the near future despite being born in Wales, I am a dual citizen and plan to remain in Australia.

 

I attempted to contact the court detailed on the stat dec, but was unable to find a solution to this.

 

I'm more than tempted to just throw the letter in the bin, but want to get to the bottom of whose debt it is, as it is definitely not mine.

[ODC]

Nice point ODC, 10400 miles @ 40 p per mile = £4160, :grin::grin:

 

20800 mile return journey, plus 40p a mile to pontyprid, plus hotel room. Yes it really makes sens for Crapquest.

[ODC]

I was completely surprised when the stat declaration arrived. Having closed all accounts in Uk prior to departing in 2007. I had no arrears and no debts outstanding, and my credit history reflects this. On receiving the stat dec, I registered with Checkmyfile, with a little hassle because of my aus address and credit card, but managed to obtain a current UK credit check, and noticed an entry that a debt collection agency had entered on 5/4/2009 a Bank default listing the address I lived at in 2003, a miss spelt name, and incorrect birth year. It states the account was closed on 19/07/2005. I do not have any bank accounts in UK, as my accounts were closed and all monies transferred to Aus.

 

The stat Dec shows a similar amount as shown on the bank default, but states it's for Marks and Spencer Money - and I have never had an account of any sorts with Marks and Spencer.

 

I'm Baffled to say the least, and have no intention returning to Uk in the near future despite being born in Wales, I am a dual citizen and plan to remain in Australia.

 

I attempted to contact the court detailed on the stat dec, but was unable to find a solution to this.

 

I'm more than tempted to just throw the letter in the bin, but want to get to the bottom of whose debt it is, as it is definitely not mine.

 

Quite honestly Kitty I wouldnt bother contacting the Court. Do not waste either your time or money on these idiots. I would however copy everything and post it to the OFT in the UK with a covering letter and make a formal complaintt about Crapquest.

[trumpetmaest]

can someone please advise me the process I have to follow to apply for costs?

[trumpetmaest]

Just got home and i have found a letter that arrived yesterday.

 

I would be very grateful if someone could have a look and give me thier thoughts because I am now very unsure what to do/say.

 

[trumpetmaest]

I have copies of all their threats sent by them and hl legal and my responses.

Edited June 28, 2009 by trumpetmaest
spelling

[trumpetmaest]

bump

[trumpetmaest]

bump:sad:

[trumpetmaest]

any advice ?

[trumpetmaest]

Bump.

 

Please could someone look and comment? I am in court next week:-o

[Yeats]

Subbing.

Had the exact same SD by first class post today.

yeats

[ODC]

Report Crapquest to the OFT. The sending of an SD by post is not proper service. Its being used as a cheap threat

[trumpetmaest]

I have reported them to oft and written to my mp.

 

What about their defence?

[trumpetmaest]

bump.

Can someone please have a look at my thread? I am in court this week:eek:

[olympic19]

As i posted in another thread I got a SD from Capquest in April 2008 and nothing was done (yes i ignored it) and last month got a letter from the solicitors exactly like the one in this thread.

 

If they were serious about SD's then surely they wouldnt take over a year before trying to execute it

[ODC]

The SD only has a limited shelf life of 3 months I believe.

[trumpetmaest]

I have just got home and received a letter from capquest.

Please find enclosed a copy of a letter we have sent to xxx court relating to the hearing. Should you have any queries please contact us on 0870....

 

Please could someone have a look and tell me what it means. In particular the 490-SD-1991 [1992] All ER 664?

 

Also the hearing is this Thursday. How do I/ what is the procedure for claiming costs? and how do i calculate?

 

Here is their letter

Edited July 7, 2009 by trumpetmaest
poor scan

[lilly white]

cost

 

lip i believe is £9.50 per hour.

 

So research hours say 30 x 9.50

 

travel car park etc.

 

i did read about some lawyers asking £75 for response of letter

 

so it you dont ask you will not get get in 24 hours before day in court

 

regards lilly and good luck i see these people are not showing.

[trumpetmaest]

Bump

[trumpetmaest]

I have been searching but I cannot find anything on Re 490-SD-1991 [1992] All ER 664 other than it listed in bankruptcy file.

 

HELP PLEASE:eek: