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

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  • MRDOLLAR
    MRDOLLAR Posts: 118 Forumite
    Part of the Furniture Combo Breaker
    Thanks inside Info!
    If im being honest i could pay them pack pretty quickly. But i have insecurities about my job even my car it broke down again today!
    Im in manufacturing and the futures not rosy in this country!
    So even if i can afford to pay them back do i still have a case?
    lines in your previous post that concern me are as follows:

    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.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    MRDOLLAR wrote: »
    I cannot see the commercial sense in this action being brought.

    There isn't. It is simply being used as an intimidation tactic.

    Report them to the OFT.

    The OFT have already censured First Credit for this nasty tactic earlier this year.

    Please read: http://www.oft.gov.uk/news/press/2009/20-09

    CapQuest have been sending these out like confetti in the last week to people who they would be "nuts" to actually make bankrupt, so they are abusing the system in the same way that First Credit were.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • insideinfo
    insideinfo Posts: 97 Forumite
    To fermi, damn right report them and go for the jugular, as a result of the warning they rec'd Halifax and Citi card pulled there accounts off first credit, haha..

    To Mrdollar, get independent advice on what would be a fair pro rata and offer that amount to them, it's all they would get from a CCJ or a DMP, you have an excellent case if you are offered a dmp (you don't have to take the dmp).

    Payplan or CCCS would give you it in writing. If you want it done instantly, use debt remedy on CCCS web site. It will help you work out what you can afford.

    The pro rata payment formula works like this: -
    Individual debt x remaining funds THEN DIVIDED BY (/) total debt owed = individual creditors offer
  • vapourA
    vapourA Posts: 38 Forumite
    fermi, that template is hilarious! :D
  • insideinfo
    insideinfo Posts: 97 Forumite
    yes it is quite funny, I have never seen it before, basically it's

    Go Ahead, Waste Your Money Why Don't You !
  • Need some advice, Received a letter this morning claiming to be from a company called 1st Credit. States that I owe Lloyds TSB Group approx £7000. Never had a loan etc from them. What should i do next????
  • RAS
    RAS Posts: 35,713 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Chris

    Start your own thread (go to the front page of the forum and look at the buttons above and blow left) and request your credit records for a starter.
    If you've have not made a mistake, you've made nothing
  • MRDOLLAR
    MRDOLLAR Posts: 118 Forumite
    Part of the Furniture Combo Breaker
    Hi all!!
    Right not sure where to go from here! Is this good news or bad?
    I obviously sent off that CCA Letter and well i just walked in and have recieved two letters. Both from Capquest.

    letter envelope 1 capquest/halifax.........halifax dated 08 july 08
    28th july

    dear xxxxx
    we thankyou for your recent correspondence.
    please find enclosed a copy of the notice of assignment for the above account together with a statement of account.
    we have requested a copy of the aggrement from our client. this will be forwarded to you as soon as we recieve it from our client.


    halifax letter
    dated 08 july 2008

    i am writing to onform you that halifax plc have sold your account to capquest investments limited.
    this means that the effective owners of the above account are now capquest investments limited.
    capquest ivestments limited has appointed one of their group companies capquest debt recovery limited to manage your account on their behalf. allcontact regarding this account should now be directed to capquest debt recovery limited on telephone number 08700843517
    national call rates apply.
    i confirm that the ammount outstanding on your account as at 12 may 08 was £2670.00.


    2nd letter

    CAPQUEST
    dated 29th july 2009

    dear xxxxxx
    debt purchased from halifax plc
    acount xxxxx
    balance xxxxx

    Further to your recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required.

    If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our collections Administration department, so that we can resolve this matter as soon as possible.

    GUYS WHATS THE NEXT STEP? please read previous posts/replys as this is all i have done so far
    many thanks
  • Jesthar
    Jesthar Posts: 1,450 Forumite
    Oh, I love the cheek of this bit!
    MRDOLLAR wrote: »
    If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our collections Administration department, so that we can resolve this matter as soon as possible.
    Translation: "Please help us prove you owe us money, as we seem to find ourselves somewhat lacking in this department..." :rotfl:

    And, incidentally, the 28 days is another blind, I think - they are fully aware they only have 12 working days before they are unable to pursue this debt without a court order (or whatever the legal term is - hey, it's Friday ;) ), so they're trying to mask that.

    Anyway, I believe that at this stage you wait to see if they manage to produce the necessary valid paperwork withint the 12 days, and if they fail there's another nice template letter you can send to tell them to get knotted until such a time as they can provide that paperwork. ;)

    ~Jes
    Never underestimate the power of the techno-geek... ;)
  • RAS
    RAS Posts: 35,713 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jesthar is correct on all counts.

    Do you have the default letters from helifax?
    If you've have not made a mistake, you've made nothing
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