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

RAS

If crapquest do not send the legally required documentation in 12 working days plus 2 days, they cannot take any legal action against you, until such time as they come up with it.

If the default letter you were sent way back is deficient, then they can never take legal action against you.

MRDOLLAR

Ok thats sounds great!
What happens if Capquest send back correct info? what would my options be?
If i have to pay it i will but im sure interest has been added on.
Just found a letter from Capquest 24 March 2009
They offered me a Settlement figure of £1357.20 which i agreed to over phone with four payments they decided on the four payments. I wish it could have been over a longer period. Again i got forced over phone. I think i knew i could not do 4 large payments. But i agreed and now the figure is back up there!

RAS

Hi

Both the CCA and the default letter have to be correct. If they date from 2003/04 there is a decent chance that one of them will be wrong. Until you check, it is not possible to tell you.

I would be surprised if Crapquest go for BR. They seem to be handing SDs out like confetti at the moment, althoguh they must know that the OFT has given First Credit a severe kicking for the same offense.

If the CCA is correct, then you reclaim all the charges, which you can do unlike bank charges, and report them to the OFt if they do not move towards bankrupting you.

If they speak to you about BR, suggest that you would be really grateful if they made you BR as you cannot afford to do it for yourself. That will freak them out.

MRDOLLAR

So just to clarify my moves!!
Send off cca letter as above with pound postal order ( Will do this tomorrow)
Wait 12 days or how ever long it takes to arrive or come back with correct and incorrect info?
Give debt line a call?
If it is incorrect info i have a case? what likely is usually to be incorrect from what you have heard?

RAS

Give national debt line a call tonight or tomorrow. The CCa would be the icing on the cake. You need to sort out the SD before the deadline for that.

And do start trying to find that default letter. That is important. If you cannot find it, you need to do a Subject Access Request.

Deep_In_Debt

If the CCA is incorrect then it's not legally enforceable so they can not follow through with the SD. Post it up on here when you receive it and we'll all have a look - obviously remove your personal details.

CrapQuest send these things out like confetti - chances is are, it's just a bluff but should be taken seriously though as you never know with these sharks.

Unlikely to be enforceable especially if you took the debt out in 2003, but we won't know for sure until we see the CCA.

MRDOLLAR

Sent off CCA today hope i get a bit of luck! Just wanted to say thanks for all you kind advice and if you have any other tips please let me know

insideinfo

If crapquest proceed, which I do not believe they will you have an extremely strong defence. If I were you I'd present the following to the Judge.

I do not understand why I am here today, the creditor has placed demands upon me which exceed my net income, let alone what I have available each month to offer them. I have offered payments and they have been refused.

I was not advised to seek independent advice at any time. They were aggressive and unhelpful.

I have no assets of value that can be liquidated to compensate the creditor.

If you declare me bankrupt today, considering my modest earning I would have little left over, indeed not as much as £100 per month. Therefore I would not receive an Income Payment Order. Capquest and indeed my other creditors would suffer a complete loss. My other creditors would be put at a disadvantage, I cannot see the commercial sense in this action being brought.

The Insolvency service would incur huge costs that cannot be recovered in this case.

I consider this application to be an abuse of due process and that Capquest should have entered in dialogue (cite what you have done to rectify the problem).

Since recieving the Statutory Demand, I have been subjected to an enormous amount of stress. I have sought advice (cite who you contacted) they have suggested (enter CCCS/NDL's Advice).

Now, I have sat in on dozens of BR hearings as part of my training and if I have summed this up correctly, no judge would sign your BR. Especially if you are advised by an independent counsellor that you could make even a token payment. You have no assetts so the above reasoning applies. If you were sitting on £30k equity I could understand Connaughts actions, but I'd still defend it.

Also add any other evidence of how you will be disadvantaged by a BR order, best of luck to you. I really don't think they will proceed.

I once attended a hearing brought by Lowell Finance. The client presented a consideration similar to the one above. The Lowell Solicitor was speachless, the judge threw it out, they lost their fee, the judge instructed the Solicitor to never darken his door again.

insideinfo

Sorry Capquests Actions...

fermi

Not saying that you should do this, but some people have used a response like this.........

Dear creditor,

Thank you ever so much for your recent letter (including a statutory demand) with a view to you petitioning for my bankruptcy.

You have no I idea what a relief that is as my finances have taken such a turn for the worse.

I have been struggling to find the £510 fees required to file for my own bankruptcy. So much so I have not been able to sleep at night worrying how I would achieve it.

I realise it will cost you £620 plus legal costs to do this.

Considering I have no assets nor enough income to contribute anything to my bankruptcy estate in the form of an Income Payment Agreement which means you will not recover any money for doing this, your act of generosity has left me lost for words.

But thank you for relieving me of the pressure I have been under, and allowing me to sleep soundly at night knowing I no longer have to worry about finding the fee for myself

Yours very gratefully