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

MRDOLLAR

Hi there i hope someone can help me i feel sick. As i have just recieved a Statutory demand letter from Capquest. :eek:

vapourA

How much is the debt for, what assets do you have and what is your income/expenses?

MRDOLLAR

This is my story to those who hopefully can help me asap and point me in the right direction!
The debt was for a Halifax credit card which obviously Capquest brought off them.
The debt as it stands now is £2200.
I have to say that i have simply left this debt and only paid bits and bobs when Capquest have called me. I dont need a telling off im old enough to know better.
I do have to say Capquest to pressure you on phone into paying and agreeing to payment plans which in my view are high payments.
So i have recieved the Statutory demand today 23 july 2009 but it was dated 21st July 2009. I have 18 days to sort this out i believe?
I am aware that many other people have had dealings with this Dodgy debt collection company so advice would be great.
The last time i made a payment was in February 2009 over the phone.
I have looked at my credit file and a bit confused with it as it has got the account opened february 7th 2003?
Is this when i got the card or Capquest purchased Debt?
Can i get out of paying this with the 6 year rule? even though i made a payment in Feb this year on phone?
can i reduce debt? whats my options now to lead a happy debt free life?
Any help would be great thanks guys

vapourA

If you have made a payment towards the balance in the last 6 years then the 6 year rule will not apply unfortunately. The 2003 date on your credit file is likely the date the account was opened and not when it defaulted.

A statutory demand is a serious document and should be taken seriously, it is not something you want to ignore. It may be a scare tactic to make you get in touch but you need to act as if they have every intention to follow up on it.

If you reduce your debt to under £750 they cannot proceed to bankruptcy. Do you have means to either pay all or part of the debt or agree a repayment plan? Do you have other debts? Do you own your own home etc?

MRDOLLAR

thanks for replying VapourA
I am taking this seriously , i do not own my home. I am able to pay part of debt but at the moment my job is unstable and possible redundancies at my workplace are likely as in 30 day consultation with union.
I have an average income lets say 1000 per month but i am also helping out family with bills and vet bills and even transport costs.
so yes i can pay a bit here and there do you think i should call them and set up a part payment it would be great if they could reduce the debt into the 1000's.
im probably hoping for a miracle.

stapeley

Have you ever requested a copy of a signed CONSUMER CREDIT AGREEMENT . Without this they can not enforce a debt . It may not be too later to request one . One thing you must do is apply for set aside , I know this is a easy process if a CCA has not been supplied on request .

MRDOLLAR

Right so i will send off an CCA tommorrow Saturday with a £1 postal order.
What does the Set a side do? At the end of the day its a debt i should have paid in 2003? What a fool i am! any help greatly appreciated.
If i can get debt reduced i would be so much happier!

RAS

Hi

It would cost Capquest £1500 to make you bankrupt and they will know you do not own property and they would be very unlikely to see the £1500 back, let alone any contribution for the debt. They would not recieve preferential treatment so they would not do this. At least one other DCA has been put into special measures by the OFT for doing this.

Read the NDL info below and talk to them.
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=36_dealing_with_a_statutory_demand

How much of this debt do you think might be charges?

MRDOLLAR

thats interesting info Ras! thanks
Still a bit unsure of what to do i need to make a descison asap!
I have no idea of how much of these are charges are within the £2200 debt.
I think i will send of a CCA to capquest is there a link for the latest template anywhere? i could print it off and send in morning recorded.
In simple terms what will this do for me or help me? Will it Annoy capquest?
What would the second step be? Bearing in mind i have only about 2 weeks to sort this out!
What would you do in my shoes? Just wanna get it sorted and get on with life!
its getting me down!

RAS

Please ring NDL, preferably tonight although they are open in the morning.

And send this letter, registered post, with either a fake signature or your name printed at the end.

if you think there are charges added, then you can probably dispute the SD on the grounds that the sum is inaccurate but check with NDL.

Do you by any chance still have the default letter that the Halifax sent you? if that is incorrect, you can also halt case on tho9se grounds.

original CCA request letter request below.

Quote:
Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

MRDOLLAR

Brilliant thanks!
What exactly will this CCA do for me? Sorry im not a finance buff as thats why im in this mess! In simple terms what will this mean to myself and capquest?
What if i dont hear off them? Ahhhhhh its one thing after another!
shame there is not some kind of manual for problems like this!
By the way all help is been taken in and much appreciated.
The more help and advice the better.
Need to get this sorted asap