Capquest and barclays loan debt issue

[letsdothis]

Here's the one I used.

 

 

[Zozz]

i do really appreciate that from u thanks very mush

[42man]

You've had some excellent advice so far. As postgg has said the demand must contain a real person who you can speak to, you have noted your calls to the company and have not been allowed to speak to this person, note the dates and times of the calls as instructed. You have also done the correct thing by sending off a CCA request, I would also send a SAR to the original creditor also, unfortunately this will cost £10, but it may be the best £10 you have spent for a while - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca send it recorded and enclose a postal order just as you have done with the CCA request.

 

Was there any PPI on the loan ?

 

Did you ever receive a default notice ?

 

It might also be worth adding to your defence that you believe this to be a frivolous attempt at using a statutory demand as a debt collection tool which you believe to be an abuse of the insolvency rules...

 

You might like to look at this and refer the judge to this also - OFT imposes requirements on 1st Credit over debt collection practices - The Office of Fair Trading

 

If you are going to get this set aside then you can find the forms here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html you've got 18 days from the date you received the demand to set aside.

 

More help here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162489-statutory-demand-stature-barred-2.html#post1749288

 

Also check that the court named on the demand is your local court and check that they do indeed handle bankruptcies for example Epsom Court don't handle Insolvency and Bankruptcies - use the checker here - Her Majesty's Courts Service - Court Information and Addresses

 

If they have put the wrong court in then this could also be classed as an abuse of the process..

 

Fill out the forms, (if you need help please shout) then take a few copies of all of your paperwork then take them to the court and you will need to 'swear in' your affadavit which is usually free at county courts, a solicitor normally charges £5 and central London courts charge £12. once that is done it will go to a judge who will either set a date for a hearing (I'm yet to hear of Capquest turning up) or will dismiss the demand - however I have only heard of 2 cases where the judge has dismissed the demand without a hearing. Your costs need to be submitted to the courts 24 hours before the hearing there is a reference here that will help you - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/211818-lowell-hampton-statutory-demand-3.html#post2337865

 

You do not have to pay a fee for the demand to be set aside.

[Zozz]

hi again

a matter of fact i really do with many thanks appreciate what postggj did help me and will never forget that and am still after his advice like you guys i do really thank all of u guys ,

 

now today as well i did call capquest after giving them ref no and my name and before he start asking me any question i ask for his name

 

then ask him to put me through to the ghost barry davis

the answer was that he is out side the office

 

i asked him to give me any phone no so i can get through to davis

 

the answer was he will back in a couple of hours

 

i asked him to send a copy of the original agreement cca

 

he said u need to do that in writing, again thank u 42man

[postggj]

hi zozz

 

its now game over for crappyquest

 

ill do the set asside forms for you now

 

check back tonight

 

do you have a pdf writer

 

zozz

 

has your local court been listed on the stat demand

[Zozz]

hi postggj good evening to u

 

sorry to be late just been back to post office i send the letters with out putting a postal order so went there and re put it

 

ok they mentioned the court near me Edmonton county court

[postggj]

phone the court and ask if they handle a bankrupcy petition

[Zozz]

u know postggj just remember something almost 4 years ago the debt was run by company called RMA International and the balance of the loan was 8266.00 and for a year or so was paying 10.00 amonth surprised after that period the debt gone to 8400,00 and now that ghost he is asking for 8956.07

[postggj]

usual dca crap

 

i tend to ignore what they say unless its in front of me in black and white

 

once this is set asside they will never be able to serve a stat demand on you ever again

 

have you phoned edminton court and asked if they do bankrupcy petitions

[Zozz]

postggj said:

phone the court and ask if they handle a bankrupcy petition

tomorrow the first thing will do as they close 4 pm i do thank u again postggj

 

postggj i never been in such situation and honestly know nothing but learning from ur advice the recorded letter i send to day i coppied from the draft u gave to ann i hope i done the right thing

[postggj]

please confirm again

 

how did you receive the stat demand

 

personal service

1st or 2nd class post

[Zozz]

i did receive the letter first class dated 20/05/2010

[postggj]

please confirm date cca request was sent

[Zozz]

i send the request today tuesday 25/05/2010

[postggj]

thats fine

 

ill have it all done by tonight

 

DO YOU HAVE A PDF WRITER

[Zozz]

I Dont Have Pdf Writer

[postggj]

No Worries

 

Ime Sending A Pm

[Zozz]

thx alot for ur great advice and help

[babydoll0141917]

subbing

[Zozz]

thank you babydoll

[Zozz]

hi postggj i did call Edmonton county court this morning and asked them if they handle pettion for bankruptcy they said not any more only the high court,

 

hello postggi are u ok hope that u done it plz

 

it seems u r very busy postggj hope am not disturbing u

[postggj]

hi zozz

 

ime doing yours now

 

i had an urgent set asside application to do that expired at 4pm today

 

ill have yours ready by tonight

 

Ive Done The Set Asside

 

I Need You To Phone The Court, Edmington, And Ask What The Nearest County Court Is That Will Handle A Bankrupcy Petition

 

What You Have Is

 

1/ Cant Speak To The Famous Barry Davis

 

2/ The Court Mentioned On The Stat Demand Is Not Valid

 

3/ No Affa Davit On Service

 

4/ No Agreement,default Notice, Statement Of Acccount

 

5/ No Notice Of Assignment

 

this Is A Done Deal:D:D:D:D:D

[Zozz]

hello postggj glad to hear from u again:D:D:D:D they told me in edmonton court that it have to be in the high court i knew u been busy thanks alot

[postggj]

Well Thats The High Court In The Strand, No Probs

 

Right To Answer Your Question

 

Statute Barred Means No Payment Or Acknowledgement Of The Debt In Writing Has Been Made In The Previous Six Years

 

 

Please Confirm The Last Time Payment Was Made

[Zozz]

as far as i can remember it almost over 4 years , so i can understand from what we are doing now nothing to do with the status barred i mean with the 6 years period

Edited May 28, 2010 by zozz