Capquest putting a statutory demand for bankruptcy on a debt i had no knowledge of

fairymist · 2 June 2008 at 11:20AM

Hello all,

I have recieved a letter today from a CapQuest, stating i owe £3176.65 to them for an account that i apparently had with Natwest.
First of all, i don't hold an account with Natwest, and i never have. I have called Natwest and they state they can not help me as the account has been passed to CapQuest and they hold no information anymore. Secondly, this is the first letter i have received ever from Natwest or CapQuest and it states that they are putting a statutory demand for bankruptcy against me.
I really don't know what to do, i am sure this is just a scare tactic, and i am in no way inclined to contact CapQuest by phone about this after reading these forums.
I am writing a letter to CapQuest and to Natwest, but i don't know what to say or ask for, the forums state a CCA needs to be written but i don't know what to write or say.

Please help!!!

ifonlyitwaseasier · 2 June 2008 at 11:24AM

hi fairy mist,

i'm sure someone will be along with the copy letter in a moment, i think you need to send the "i do not acknowledge any debt to your company" letter.

don't panic, there are fab people here who can help

GeorgeUK · 2 June 2008 at 11:43AM

If you have never had an account with Natwest, this may be a fishing letter. I suggest requesting a copy of the credit agreement, statement of accounts and notice of assignment from Capquest.

Templates for the CCA letter are available in this thread.
http://forums.moneysavingexpert.com/showthread.html?t=578486

They will have 12(+2) working days to provide the required detail, but you will need to send a £1 postal order.

DO NOT SIGN ANYTHING!!
Print your name on any letter you send to a DCA and do not send a cheque. You don't want a copy of your signature appearing on a credit agreement you have never seen before. For things like overdrafts, there will be no credit agreement which is why you should also ask for a statement of accounts and the notice of assignment to see that Natwest have given your details to the company.

They may be sending this to you as you lived at a certain address - they need to prove the debt is yours.

fairymist · 2 June 2008 at 11:48AM

Thanks for the advice, should i write to Natwest as well, or leave them be for the time being?

RAS · 2 June 2008 at 11:57AM

it states that they are putting a statutory demand for bankruptcy against me.

Before you get into any more of a panic, can we check exactly what Crapquest have written, word for word?

This sounds like a DCa frightener rather than a genuine threat, but we need to know.

Then we can deal with Crapquest.

kel123_2 · 2 June 2008 at 12:11PM

I agree with RAS

At first sight you 'may' think it says this and that but you have to look at the link words like 'may' This is the most common but there are more. Post it up exactly how it is writen. Don't panic the probability it is a phishing trip (trying to find the correct person)

fairymist · 2 June 2008 at 12:21PM

Its a 3 page letter, the main page of which goes:

Enclosed with this letter is a Statutory Demand for bankruptcy, which you need to read and review.
All the relevant information on how to deal and respond is on the Statutory Demand document, which we would ask you to read very carefully and action by the dates stipulated.
If you need help or clarification we would suggest that you seek the advice of a solicitor or a reputable financial advisor.
Alternatively contact our insolvency department immediately on 0870 084 2565 quoting ref...... where you can discuss the best option available to you and stop this process.
In addition, if you have access to the internet, you can go to the government website "Guide to bankruptcy"
We trust that this can be resolved without the need to proceed with the bankruptcy stage.
Yours sincerley
J O'Keefe.

There is then 3 pages of gumph, with the demand and particulars of the debt on. there is mine and their address, then this statement - "The creditor claims that you owe the sum of £3176.65, full particulars of which are set out on page 2, and that it is payable immediately, and, to the extent that the sum demanded, is unsecured.
the creditor demands that you pay the above debt or secure of compound for it to the creditors satisfaction"
there is then the particulars of the debt - "the debt relates to the unpaid balance of sums due under the credit agreement act dated 27 AUG 04 made between (myself) and Natwest Bank plc, in respect of a personal current account (cheque) number........ the agreement terminated upon the failure of Ms smith to comply with the terms of the agreement and/or a statutory notice of default served by natwest. The rights and duties of natwest passed to the creditor pursuant to an assignment dated 30 Oct 07.
it then gives the name of the court, which is not in my home county, and then says
"If you consider you have grounds to have this demand set aside or if you do not quickly receive a satisfactory written reply from the individual named in part b (capquest) whom you have contacted you should apply within 18days from the date of this service of this demand on you to the appropriate court shown in aprt A abouve to have the demad set aside"
That's all i'll post for now, as there is a lot of other info in there, mainly addresses and boxes with bullet points of the debt and capquest details, and this post will be massive, but that is the main points word for word. If you want the rest just holla, im more than happy to post

I like the crapquest, that shall be what i call them from now on!
Cheers

RAS · 2 June 2008 at 12:35PM

OK

This is serious but if you have never had a debt with Natwest, then it is a serious mistake for them to make.

On the basis of the account number, I assume you are absolutely sure that this is not your account?

If so, please can you call NDL see here for contact details http://www.moneysavingexpert.com/loans/debt-help-plan#help

The reason I suggest this is that we have had at least one DCA issuing documents made to look like SDs but that were not enforceable. This is actaully illegal and the CEO had to apologise like mad.

We have also had DCas sending SDs and bailiff for debts that did not belong to the poster.

In both instances the DCA is in error but it takes a bit of sorting out.

Have you checked all three of your credit records recently?

kel123_2 · 2 June 2008 at 12:37PM

OK

It does sound offical. If you are sure this account is not yours then there are steps you must take imeadeately.

1. either phone the national debtline (0800 988 7559) or visit your local CAB and follow what they say.
2. visit your local police station to report it

I wouldn't write to crap just yet untill you have gained more advice

Kel

Looks like me & RAS think in tandum

fermi · 2 June 2008 at 12:39PM

Only time for a VERY quick post.

If you don't (and never have) owed this debt, then this can can dealt with whatever happens (but may take some doing).

Plus by sending an SD out of the blue, they have broken all sorts of guidelines and requirements under the Pre-action Protocols/Civil Procedure Rules.

If the debt CRAPquest are claiming is an overdraft, then the CCA request is of limited (or no) use.

Have they supplied the proper Statutory Demand?

It should look something like this: http://www.insolvency.gov.uk/pdfs/forms/6-1.pdf

Please give an expert advisor a call to discuss the best approach.

As suggested by RAS and kel123, National Debtline Tel: 0808 808 4000 (free) are probably the best placed to advise.

RAS · 2 June 2008 at 12:41PM

Thank you fermi.

That's the message I was looking for, between things.

Capquest putting a statutory demand for bankruptcy on a debt i had no knowledge of

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