Capquest delimma

jo0410

Hi everyone, need some advice. At beginning of August i received a statutory demand that they were going to make me bankruptcy for 1150 for an account that was defaulted in Nov 2002 and should therefore become statutue barred in Nov 2008. On August 18th I sent by recorded delivery, two letters to Capquest requesting a copy of credit agreement i signed back then and statement of any payments made to the account using templates quoting the Consumer Credit Act and Limitation Act. They provided the credit agreement only today 16th September 2008. Obviously this is longer than the allowed 12 working days they are supposed to provide a copy of credit agreement by. But because they have sent what seems to be a valid copy but outside of the required timelimit where do I stand. Am I able to contest that they have taken so long to chase the debt or are they legally able to enforce before Nov 2008 and the court not throw it out? Thanks for any advice

bank_of_slate

Hi Jo and welcome, can't offer anything specific myself but there are MANY threads about C r a pquest on here, I'm sure someone will be along very soon to help you.

To help us get a full view of your situation it would be useful to complete and post a full SOA (Statement of accounts) using the link below
http://www.makesenseofcards.com/soacalc.html
...Linda xx

RAS

First thing is that whenever they supply the CCa, they are allowed to start action again.

Second, you need advice on whether it became statute barred on the date of last payment or not until the default date. Do you know the last payment date?

have you taken action to get the SD set side?

Do you know what a valid CCA is and did you get the terms and conditions with it?

jo0410

Statement of Affairs and Personal Balance Sheet

Monthly Income Details
Monthly income after tax................ 1390
Partners monthly income after tax....... 0
Benefits................................ 0
Other income............................ 0
Total monthly income.................... 1390

Monthly Expense Details
Mortgage................................ 0
Secured loan repayments................. 231
Rent.................................... 680
Management charge (leasehold property).. 0
Council tax............................. 160
Electricity............................. 50
Gas..................................... 0
Oil..................................... 0
Water rates............................. 0
Telephone (land line)................... 0
Mobile phone............................ 30
TV Licence.............................. 22
Satellite/Cable TV...................... 0
Internet Services....................... 10
Groceries etc. ......................... 75
Clothing................................ 20
Petrol/diesel........................... 50
Road tax................................ 10
Car Insurance........................... 35
Car maintenance (including MOT)......... 0
Car parking............................. 0
Other travel............................ 0
Childcare/nursery....................... 0
Other child related expenses............ 0
Medical (prescriptions, dentist etc).... 0
Pet insurance/vet bills................. 0
Buildings insurance..................... 0
Contents insurance...................... 0
Life assurance ......................... 0
Other insurance......................... 0
Presents (birthday, christmas etc)...... 0
Haircuts................................ 0
Entertainment........................... 0
Holiday................................. 0
Emergency fund.......................... 0
Total monthly expenses.................. 1373

Assets
Cash.................................... 0
House value (Gross)..................... 0
Shares and bonds........................ 0
Car(s).................................. 5000
Other assets............................ 0
Total Assets............................ 5000

Secured Debts
Description....................Debt......Monthly...APR
Mortgage...................... 0........(0)........0
Secured Debt.................. 8000.....(231)......0
Total secured debts........... 8000......-.........-

Unsecured Debts
Description....................Debt......Monthly...APR
credit card default............1150......0.........0
credit card default............880.......0.........0
active loan....................1500......0.........0
credit card default............1200......0.........0
misc...........................400.......0.........0
mail order cat.................700.......0.........0
active loan....................2500......0.........0
Total unsecured debts..........8330......0.........-

Monthly Budget Summary
Total monthly income.................... 1,390
Expenses (including secured debts)....... 1,373
Available for debt repayments........... 17
Monthly UNsecured debt repayments....... 0
Surplus(deficit if negative)............ 17

Personal Balance Sheet Summary
Total assets (things you own)........... 5,000
Total Secured debt...................... -8,000
Total Unsecured debt.................... -8,330
Net Assets.............................. -11,330

Created using the SOA calculator at https://www.makesenseofcards.com.
Reproduced on Moneysavingexpert with permission.

======== Enter any other useful information below ========

Only me in the household and although I put my car as an asset of £5000 really it is still on Hire Purchase so not sure if classed as an asset really

RAS

What are the secured loan payments secured on?

jo0410

No i did not take action to put the SD aside through my local court. Only sent these two letters for requesting CCA and statement of account. They say they are hold back on acting any furhter action in this latest letter where they enclosed the cca and statement of account until end of Sept 2008.

My last payment to this credit card was in April 2002.

jo0410

That is my HP agreement for my car

RAS

Jo

1. you need som e serious advice about the legal situation as this may already be statute barred. Have you spoken to NDL?

And you need to get their advice on how to set aside the SD, asap. They are still open until 9pm

http://www.moneysavingexpert.com/loans/debt-help-plan#help

And whlst you are there, ask them about the CCA. It may just be an application form.

jo0410

I spoke to NDL in the first place who steered me to the letters, they advised me at the time to just challenge them with these letters as they felt it was a fake SD anyhow.

Yes it is only an application form i think it is a photocopy and at the top of it it says application form and it doesnt have any terms and conditions on it is like an A5 sheet of paper photocopied onto a A4 paper and only has my signature and nothing much else

jo0410

the SD is well over its dates that were orginally quoted in it by some 5-6 weeks so isnt it too late to put anything aside anyhow.

RAS

jo0410 wrote: »

I spoke to NDL in the first place who steered me to the letters, they advised me at the time to just challenge them with these letters as they felt it was a fake SD anyhow.

Yes it is only an application form i think it is a photocopy and at the top of it it says application form and it doesnt have any terms and conditions on it is like an A5 sheet of paper photocopied onto a A4 paper and only has my signature and nothing much else

Does it list the amount of creidt available?

The rate of interest?

The payment arrangments?