📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

HELP! Capquest have sent me a Statutory Demand! Worried sick!

Options
124678

Comments

  • MRDOLLAR
    MRDOLLAR Posts: 118 Forumite
    Part of the Furniture Combo Breaker
    I had a big clear out and unfortunately binned/burned haifax letters as i no longer use them. another mistake by me!
    so the best thing is now just wait and hope i dont hace to pay them anymore?
    whats the set a side thing ? i have not set it a side do i have to?
  • RAS
    RAS Posts: 35,683 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think it would pay you to do a Subject Access Request (to helifax) and get hold of the default letter. If that is dodgy, no-one can take successful legal action as long as you defend the case.

    RE the SD, have you rung NDL or CCCS?
    If you've have not made a mistake, you've made nothing
  • MRDOLLAR
    MRDOLLAR Posts: 118 Forumite
    Part of the Furniture Combo Breaker
    no only sent off at cca not called debt line been getting advice on here and friends!
    as i have said before i think the majourity of this is my debt and small interest.
    its just been going on too long look at my previous posts u think i should nbite the bullett and just offer to pay with an agrrement monthly?
  • Jesthar
    Jesthar Posts: 1,450 Forumite
    MRDOLLAR wrote: »
    no only sent off at cca not called debt line been getting advice on here and friends!
    as i have said before i think the majourity of this is my debt and small interest.
    its just been going on too long look at my previous posts u think i should nbite the bullett and just offer to pay with an agrrement monthly?
    Oh, good grief, no! Don't get me wrong, I am usually an advocate of paying off all monies owed to anyone as it is the correct moral thing to do - as long as the debt is with the original creditor, anyway. However, if a debt was passed to a Debt Collection Agency (and thankfully I have never been in that position), all bets would be off and I wouldn't be paying them a penny until they could prove they were legally entitled to it, as that is what they have bought (usually for peanuts) - the right to legally enforce collection of a debt. So if they can't legally enforce it, as the debt was not run up with them originally, I would feel no moral obligation to pay them! ;)

    DCAs are of the Capquest kind are universally bullying scumbags out for whatever they can extort, whether they are entitled to it or not, so if you have no legal requirement to pay them (which you don't until they provide a valid CCA), why give them that satisfaction? ;) They will scream and shout and jump up and down making threats, but that's all they can do - legally, they can't touch you and it's all hot air until such a time as they can produce the missing paperwork - which probably won't happen.

    If it assists you in standing up to them, picture them as a spoilt and demanding adult baby in towelling nappies with a huge safety pin, sitting in an oversize pram having a major tantrum and hurling toys everywhere trying to get their way, just asking for a good legal smacking... ;)

    Hope that helps,

    ~Jes :)
    Never underestimate the power of the techno-geek... ;)
  • MRDOLLAR
    MRDOLLAR Posts: 118 Forumite
    Part of the Furniture Combo Breaker
    Wow Jes that made me smile thanks!
    You have certainly painted a picture there thanks! lol
  • MRDOLLAR
    MRDOLLAR Posts: 118 Forumite
    Part of the Furniture Combo Breaker
    HI Guys with reference to all my previous posts thanks so much for all your help and advice. So heres where i am now............well i just waiting i have been away on holiday and was expecting something from Capquest but still looks like my account is on hold!! do i just wait if you can offer advice please look back at previous posts and u will see where i am.
    Thanks ...i just want a clear head
  • Jesthar
    Jesthar Posts: 1,450 Forumite
    Heya! :) Hope you had a good holiday!

    You sent the CCA request on the 25th July, didn't you? If that's the case, then they have already missed the 12+2 deadline, and can't legally pursue the debt any more until the supply the CCA and get a court order to reopen the debt for pursuit (or whatever the correct legal terminology is ;)). So you just need to send them the 12+2 'you missed the deadline, you're legally stuffed, so push off' template letter (again, recorded delivery, no signature), and that should be the end of them... ;)

    ~Jes :)
    Never underestimate the power of the techno-geek... ;)
  • MRDOLLAR
    MRDOLLAR Posts: 118 Forumite
    Part of the Furniture Combo Breaker
    Thanks Jes
    Can anyone help me with regards a template letter to get these idiots off my back for good.
    Another question will this stay on my credit file? as not paid?
  • Yes as you still owe it they just can't force you to pay expect a load of tosh about your moral obligation to pay it.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • MRDOLLAR
    MRDOLLAR Posts: 118 Forumite
    Part of the Furniture Combo Breaker
    Jesthar wrote: »
    ;)). So you just need to send them the 12+2 'you missed the deadline, you're legally stuffed, so push off' template letter (again, recorded delivery, no signature), and that should be the end of them... ;)

    ~Jes :)

    Please can someone help me with a template letter for this?
    many thanks
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.1K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.