Statutory Demand for Bankruptcy - Advice Needed

colin1951uk

Hello rog2 and everyone,

I had a word with the National Debtline late yesterday..nice people..and after that conflab I'm not going to take this thing seriously as it would appear to be a way of frightening me into coughing up the dosh.

Capquest(and now I know why they're known as Crapquest) have a habit of doing this sort of thing..the're on the Debtlines hit list of most hated for threatening behaviour..they've just got another tick from me

Let's see:-

A) They havn't served the Demand properly..they're supposed to do it in person, if that fails initialy they should pick another date, inform the debtor of that and expect them to be available to accept the demand. If that doesn't work they should post by recorded delivery only otherwise they can't prove that anythings been received.

If I tried to contact them now that would be an indication that I've received the Demand..so pooh pooh to that.

C) The DCA who handled this debt previously has never served a default notice on me so if Crapquest are now involved that means two outfits are chasing the same debt which I gather breaks some law..something to to with the Consumer Credit Act???..can't remember now.

D) The form they've used for the Demand can be downloaded from various sites on the net for free...the proper form costs money and they havn't been bothered to shelf out for that which says a lot in itself.

and

E) CrapHQ havn't got a clue if I can pay or not so they wouldn't risk the costs involved in taking this thing furthur. If they have been passed details of my mothers affairs by Natwest just to start this action that would breach all sorts of banking and privacy rules which I can briefed on if it becomes necessary.

So after being advised of that lot I think I can sleep easy and just ignore them.

If they do take it furthur I've got enough gen to throw back in their face.

So cya in Court

Cheers all.

Colin

fermi

Sounds better.

colin1951uk wrote: »

A) They havn't served the Demand properly..they're supposed to do it in person, if that fails initialy they should pick another date, inform the debtor of that and expect them to be available to accept the demand. If that doesn't work they should post by recorded delivery only otherwise they can't prove that anythings been received.

See Civil Procedure Rules for when "substituted service" via post is acceptable: 11. SUBSTITUTED SERVICE

If I tried to contact them now that would be an indication that I've received the Demand..so pooh pooh to that.

C) The DCA who handled this debt previously has never served a default notice on me so if Crapquest are now involved that means two outfits are chasing the same debt which I gather breaks some law..something to to with the Consumer Credit Act???..can't remember now.

Certainly breaks OFT Guidelines.

D) The form they've used for the Demand can be downloaded from various sites on the net for free...the proper form costs money and they havn't been bothered to shelf out for that which says a lot in itself.

The form downloadable for free from HERE is perfectly valid, but it must be used/served correctly.

and

E) CrapHQ havn't got a clue if I can pay or not so they wouldn't risk the costs involved in taking this thing furthur.

They would be mad to do so.;)

So after being advised of that lot I think I can sleep easy and just ignore them.

Gettingahardtime

Hi, I am new to the forum and I am in urgent need of advice.

I received a pile of mail today, from my remote Mail Box service, and amongst them was an SD for an alleged debt from Nat West in June 2001, the default in 2002, for £2470.00.

Now I don't recall any debts at all and this is the first I have heard of it. It could be possible I overlooked something, but there has been no communication with Nat West or Cap Quest until these letters turned up.

Oddly enough, 3 weeks after, there is another letter from Cap Quest offering the debt to be settled for half the amount! (Letter sent 16 August)

I only visit my mail box every couple of months as I work all over Europe and I am not registered anywhere as such in the UK. Therefore the set aside date has well past. The SD was 28th July 2008.

Cap Quest have had this debt since November 2005. Also, on the paperwork, the court they say they have sent the SD is Lincoln! I live 100 miles from Lincoln and I have been based in London for 4 years. From Jan 2009 I will be resident in Italy.

I haven't contacted Cap Quest as yet although I do want to clear this up. They may have the wrong person. But I have learnt to trawl forum's like this before I do anything.

Will this debt still be valid?
Is the SD valid in this case?
If I contact them do I phone or in writing?
Do I do nothing and ignore it? (It says they can proceed with bankruptcy!!-How can someone proceed with bankruptcy against someone without proving a debt, or the right person, or proving said person's receive an SD or any documents?-I use a third party mailbox!)

Yours
Extremely worried
M

rog2 wrote: »

Hi Colin - Any creditor, to whom a debtor owes more than £750.00, has the legal right to petition for that debtor's bankruptcy.
The serving of a Statutory Demand, which effectively is a 'final' chance for that debtor to come to an agreement with the creditor, is a necessary pre-cursor to a petition for bankruptcy. Normally, any Statutory Demand would be 'personally served', although if a creditor, or his agent, has tried unsuccessfully to serve the SD by hand, it is permissible to post the SD to the debtor.
A Statutory Demand is, indeed, a powerful document, and many debt collection agencies are well aware of the effect that such a document will, inevitably, have on a debtor, who in 99% of cases will be totally unaware of any rights that he/she may have. The majority of debtors who receive a SD, whether genuine or not, will rather go deeper into debt in order to get these parasites off of their backs, rather than contest the 'legality' of the claimed debt.
Hence, my friend, the reason why the less professional members of the Debt Collection Mafia use these 'SD Forms' like confetti. CRAPQUEST and CONNAUGHT COLLECTIONS are extremely well known for this.
So, what are the implications?
1. It will cost CQ £590.00, for the Court Fees, plus the asociated Solicitors' fees, to petition for your bankruptcy.
2. These 'fees' must be paid in advance and, whilst they can be added to your 'estate in bankruptcy' there will be absolutely no guarantee that CQ will get any of this money back, as they will not receive any preferential treatment over any of your other creditors. After the Official Receiver/Trustee has siezed ANY assetts that you may have, he will, after deduction of his fees/expenses, distribute any remaining monies equally between EVERY one of your creditors at the time of your bankruptcy, irrespective of who actually petitioned for your bankruptcy.

So, unless you have assetts, such as equity in a house, then it is most unlikely that CQ will actually follow through on their threat, but you must NOT ignore the SD - there is a case, on the bankruptcy board; http://forums.moneysavingexpert.com/showthread.html?t=1058293 where one such dca (Connaught Collections) did actually take a case as far as bankruptcy for a little over £3k.

Talk, first, to one of the Debt Counselling Charities, such as:

National Debtline www.nationaldebtline.co.uk/ tel. 0808 808 4000

CCCS www.cccs.co.uk tel. 0800 138 1111

Or your local CAB

They will be able to advise you about getting the SD set aside, and what other steps you may take to establish whether this 'debt' is genuine and/or enforceable.

fermi

The debt is statute barred and legally unenforceable by the sound of it.

CapQuest will know this.

That is probably why they posted the SD in the first place. They would be hoping to panic you into paying before you realised the legalities.:rolleyes:

From a previous thread:

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

Please do follow that advice and give National Debtline a call.