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

MRDOLLAR

Just need help with a template letters guys saying bog off to Capquest !!

MRDOLLAR

Hi Guys...............just wondered do i now play the waiting game with Capquest... im just scared they will bankrupt me. Look at all my previous posts.
Im on edge hope you can help dont want to find a letter at door etc.
Whats likely to happen now??

markrlondon

They can't just come back and bankrupt you. If I understand correctly, they've failed to produce a valid CCA agreement within the time limit and so they canpt do anything else to you unless and until they find this paperwork (and, I think, get a court order allowing them to begin pursuing you again).

In reality, it is quite unlikely that they'll come back to you.

There's no need to do anything else. I know this sort of leaves it hanging over your head but that's as good as it can get for now. As above, it is unlikely that they'll pursue you any more.

Jesthar

No, they can't do anything to you if they have failed to provide the CCA withing the 12+2 days - the account is now in discpute and will continue to be in dispute until they find a copy of the original CCA, which is pretty unlikely!

The '12+2 working days' template letter is Post no. 5 in this thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

PLEASE NOTE: you need to remove the following part from the second paragraph, as it is no longer law:

"If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired."

Techincally this letter should send them running off with their tail between their legs. You MAY get some further tricks from the, but if you do just come back and ask for more help, we don't mind! In fact, we quite enjoy taking them down a peg or several...

~Jes

MRDOLLAR

wow everyone of you guys is amazing thanks so much. The internet is a wonderful tool. I hope good karma goes around cos you all desrve it i will keep in touch.
So what you rekon send that template letter? or just leave it and wait?

No, they can't do anything to you if they have failed to provide the CCA withing the 12+2 days - the account is now in discpute and will continue to be in dispute until they find a copy of the original CCA, which is pretty unlikely!

Jesthar

MRDOLLAR wrote: »

So what you rekon send that template letter? or just leave it and wait?

Oh, definitely send the letter (remember to omit that paragraph) - they've had more than enough time to meet their legal obligation and failed miserably, so time to enjoy your victory! Sending the 12+2 letter puts the brakes on indefinitely (until they find the missing CCA, which is very unlikely), and also prevents them from legally passing the debt on to another DCA - case closed, so to speak...

~Jes

MRDOLLAR

Hi guys me again lol!!!
Just writing this letter up/template.
And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring xxxxx
When is this Expiry date for me.....look back at previous posts or ask me relavant questions as i wanna get dates correct!

many thanks i owe u big time guys

MRDOLLAR

Bloody hell im stupid think i worked it out well im gonna send letter in morning to end this mess i hope!!
CCA Request was when i requested 25 July 2009!!

MRDOLLAR

actually im not sending letter yet i really do wanna get these dates sorted please help guys!!! im not thick honest!!!

thechippy

Send this....


DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I do not acknowledge any debt to your company.

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)

Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.



Yours etc

In para 1...you sent the request on 25th July

In para 2, they became in default on 7th august

Does this help...;)