6hrs later,still struggling... **Stat demand set aside won with costs**

[42man]

What you MUST do is report this to the Office Of Fair Trading.....the net is closing in on Capquest for these frivolous and harrassing letters / statutory demands.

 

In the meantime send this recorded delivery...

 

letter before action

 

(date)

 

Dear Sir / Madam

 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

 

I am in receipt of your letter indicating that I have not responded to a statutory demand dated 30th April

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

 

4. Your company was involved in court action with me on (date) where a previous statutory demand was taken to court and subsequently dismissed by the judge with my costs awarded.

 

5. I am now of the view that your actions are of pure harrassment and against the Office Of Fair Trading's guidelines on debt collection and also in breach of CPUTR 2008.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again,that even if the debt were mine, I would not pay it.

 

7. I am sure you are aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

8. I also note that your company claim to have sent me a FURTHER statutory demand, I have NOT received any such demand I will be forwarding all my correspondence to the Office Of Fair Trading, my local MP and I'm sure I have no need to remind you of the recent actions by the Office Of Fair Trading against McKenzie Hall and 1st credit in light of statute barred debt and statutory demands. Your actions are in clear breach of guidelines.

 

I presume that you can put all the above together, but to avoid doubt please be advised of the following should you pursue this matter.

 

9 You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

 

10. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property.

 

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass.

 

Any further communication requesting or demanding any sums of money or other property or chattel to be paid in relation to this alleged debt shall be deemed to constitute harassment and I will have no hesitation in seeking the intervention of the courts. Be aware that any action shall also include costs.

 

I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days together with a personal apology from your Managing Director in light of the upset this has caused me and my family. No more notice will be given with regard to the issue of a court claim, Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP.

 

I hope this letter makes my position COMPLETELY clear

 

Yours faithfully

[42man]

Take a look at this Trading Standards have taken an interest !! - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/265583-capquest-statutory-demand-bankruptcy.html#post3006356

[harvie]

42man you are a star! thank you so much. i will follow the advice you have given me and hopefully they will go away.many thanks!

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA