Capquest Statutory Demand help

[paulamarie76]

have received a letter from Aqua saying they are dealing with the subject access request and will respond within the 40 days.

With regards to Capquest, they have still sent nothing else, they received my letter on Monday 7th March so its been 8 days so far and nothing else received, do I need to do anything else at this stage?

[42man]

Just keep us posted if you hear any more.....

[42man]

setasidestatdemandman....can you elaborate a little more on your post ? Do you have any high court law which supports that ? or anything in the Insolvency rules that backs this up....

[paulamarie76]

Hi all,

Just thought I'd post an update.

We have received NOTHING whatsoever through the post from either company.

The last thing we received was the notice of assignment from Capquest but none of the other things we asked for.

So 23 days later and Capquest have not responded the with the original agreement as asked for in the CCA.

Should we do anything or just sit tight?

[nicklea]

Your best argument is to say that it is not an appropriate debt to base a statutory demand upon as it requires a form of accounting. Statutory demands are the basis upon which a bankruptcy petition is presented. The bankruptcy petition (and in turn a stat demand) can only be based on what are called liquidated debts i.e. debts which are fixed, as it were which do not require a form of accounting. A credit card debt would need a form of accounting to calculate it and so is an inappropriate debt to base a demand upon.

 

I'm sorry, but you're wrong on this point. A liquidated debt is simply one that has a definite amount.

 

A credit card debt has a particular amount that is easily calculated at any point in time.

 

EDIT Perhaps you've been looking at some American websites?

[panther12]

Ok sent letters off to Capquest and Aqua as suggested, havent yet done the set aside but we still have time for that.

 

have received the following letter today from Capquest.

For starters the amount has suddenly increased which I assume is then adding interest on???

 

We thankyou for your recent correspondance.

 

We can confirm that the documentation you require has been requested from Aqua credit card and this will be sent to you once we have received it.

 

Whilst we are awaiting the documentation you require, information that has not been previously requested from us, no further action will be taken in relation to the statutory demand that you have received. You can consider the demand as a nullity and we will withdraw the demand. It will not be necessary to apply to the court to have the demand set aside.

 

Please be advised that we have passed your correspondance onto the relevant department to deal with the other queries raised in your letter and a response will follow in due course.

 

Now should they not already have the information we requested, why are they needing to get it from Aqua, should we still do the set aside.

Im totally confused now as the next step?

 

many thanks again

I would be requesting they cough up for all costs in preparing to defend & set-aside their actions to issue a SD. I’d write back stating you would have been seeking costs in the region of £300 so they can either settle up now and have done, or see you in court as per the original SD.

[paulamarie76]

I have received loads of paperwork from Aqua yesterday, havent had a chance to go through it all, but there is PPI insurance on there that I have noticed from skimming through.

Will go through it all over the weekend.

 

Still had sod all from Capquest other than the notice of assignment.

[paulamarie76]

I would be requesting they cough up for all costs in preparing to defend & set-aside their actions to issue a SD. I’d write back stating you would have been seeking costs in the region of £300 so they can either settle up now and have done, or see you in court as per the original SD.

 

Capquest sent a letter after we had sent the CCA saying they werent pursuing the stat demand now while they sort the CCA request for us. They said they had contacted Aqua for the paperwork, my concern is why dont they already have this paperwork???

[dx100uk]

because they thought they could fleece you

 

get that ppi back

 

dx

[paulamarie76]

OK an update now I have had a chance to go through all the stuff sent from AQUA.

For the record still nothing from Capquest.

 

So on this account is PPI my question is how do we go about claiming this back?

The last payment my husband made on the account was 22 August 2008 and he has had no contact with them since this so we are nowhere near statute barred.

 

What do you recommend doing next, should we just sit and wait as Capquest have sent nothing and see what their next move is?

 

Also I want to send copies of capquests stat demand and other letter to the OFT butI am not sure what to write in the covering letter so any help with that would be fabulous too.

 

thanks again for all your help so far.

[balster]

I'm subscribing to this thread as there is some gold information on here.

I'm in a similar predicament : http://www.consumeractiongroup.co.uk/forum/showthread.php?301877-CapQuest-Statutory-Demand&highlight=

 

 

paulamarie76, don't let this stress you out. Crapquest send these out to scare people into paying.

They have got wiser over the years and ensure that the SD is not missing any information like the nearest insolvency court to where you live.

 

42man = God

 

[42man]

I suggest you show this to the judge too - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

[paulamarie76]

Oh the stat demand is now old news in our situation, I just wanted to know how to proceed now with the paperwork we have received from Aqua?

if anyone would help with some advise that would be fab info in post 60.

 

Thanks again

xx

[paulamarie76]

any advice on the next step would be most appreciated, I have detailed the info in post 60.

 

thanks again

Px

[dx100uk]

just write what you have here

they will understand it.

 

now the ppi.....

 

do you have all the statements from the opening of the CC?

 

dx

[paulamarie76]

yes aqua sent photocopies of all of the statements.

[paulamarie76]

Hi DX100UK just wondered if you had some advice regarding the PPI.

 

thanks again for your help, on a side note we have still had no further correspondance from Capquest?

[dx100uk]

as i've already said...reclaim it...

 

dunno what you are waiting for?

 

have a look on the FOS website at the new PDF's on PPI and away you got

 

dx

[paulamarie76]

oh sorry I wasnt sure where to find the info to actually do this, but thanks ill take a look at the website you have mentioned, we have never claimed any of this back before mainly because I have never taken any of this out as I have always been self employed.

 

thanks again

[silverfox1961]

Can I ask that you have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

[paulamarie76]

Ok need a bit of help please, we have finally received some paperwork from CAPQUEST a full 10 weeks after we sent them the CCA, it has a photocopy of the credit agreement along with the terms and conditions and copies of the statements (which we already have from Aqua) it also says they are adding 1% interest on every month until we agree to pay it, are they allowed to do this and can anyone give us some advise as to how to proceed from here?

[dx100uk]

third time

 

get reclaiming the PPI

 

and no they can only add what is in the T'C.

 

dx

[paulamarie76]

thanks but I already know that and we are, but wanted to know how to proceed with the rest of it, I have posted since you said to reclaim the ppi advising what paperwork we have finally received from capquest and how long it took to receive and they are now asking for payment, what do we do, do we offer a figure, do we have to pay the lot, or something else?

[dx100uk]

ok so have you filled out the FOS PPI Complaint form, made an SOC and sent those off to the CCC?

 

dx

[ims21]

Hi Paula

 

For the time being I would ignore Capquest and conentrate on preparing your Schedule of Claim for the ppi refund.

 

Capquest we can deal with if and when they threaten again.

 

As this is on a credit card you will be claiming each monthly premium paid plus interest at their purchase rate compounded right up to date. You could go a bit higher but lets keep this simple for you.

 

Go through the copy statements you received from our SAR and enter each ppi payment in the spreadsheet I have attached at the end of this post. You only need to enter data in columns A (Date), B (Nature of Payment - in your case Payment Protection) and C (Amount). The rest of the calcs are done for you. In the blue section of the spreadsheet, enter your personal information and the APR they were charging you.

 

You will then have your Schedule of Claim prepared

 

You send this, together with the fos questionaire and covering letter requesting a refund to Aqua.

 

Once this is done you can claim that the account is in dispute and Capquest must cease collection activity while it is in dispute.

 

ims

 

CompoundInt.xls