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

thechippy

Oops!

May have got that wrong. If it's 12+2 working days, then it came into default on 13th August...:lipsrseal

MRDOLLAR

Thanks so much so greatly appreciate............sigh of relief....cant wait to feel weight off shoulders guys thanks again

MRDOLLAR

Right Guys i think im in the pooh so to speak?
I was just about to print off template letter tonight and alter and send to Capquest Recorded First class in Morning tomorrow (Fri) And then this bombshell on my doormat!!!
Just got home to the post......hello Capquest have sent me a letter here it is as follows!
Dear XXXXX
Debt Purchased from Halifax
Account Number XXXXXXX
Balance 2200.00

Further to you recent correspondence.
Please find enclosed copy document(s) as requested. If you are not currently repaying this account on an agreed arrangement it is now imperative taht you deal with this matter immediately by sending your payment to:

PO BOX 396
FLEET
HAMPSHIRE
GU51 2WJ

Payment can be made by cheque or postal order ensuring that you quote your reference number clearly on the reverse, or alternatively you can pay by debit or credit card by telephoning 0870 084 3530.

Capquest have the facility to set up direct debit mandates (minimum payment £5.00) and you would therefore be required to telephone the above telephone number and have you bank details available when you call.

If your bank does not offer a direct debit facility and you wish to pay by bank giro or standing orderbelow are our bank details. Please note that it is imperative your Reference XXXXX is quoted on any standing order or bank giro transaction to ensure that your payments are credited to your account promptly:

Please note we are unable to issue a payment book.

We have placed your account on hold until 03 sep 09, if we do not recieve contact from you by this date, your account will be passed on to our collection department for further action.

Yours Sincerely
Collections Administration

Enc

MRDOLLAR

So with the letter they have sent me a photocopy Credit Card Application from Halifax!!! iI signed it on 06/02/03!!!
Guys what the hell do i do?
Should i pay up? They went passed the 12 + 2 days though from my letter am i correct do i have a leg to stand on what would you suggest?
Oh dear Stressed again#~!!
Hope you can help
Thanks in advance

MRDOLLAR

Cant wait to get this bloody sorted!!! ahhhhhh what a mess!

MRDOLLAR

Mega stressed with worry now guys oh dear! need advice and well hopefully someone can put them selves in my shoes

Jesthar

Calm down a bit; things move fast in here usually, but there are slower periods...

You may have to wait a little for some of the more expert posters to show up as I'm at the outer limits of my knowledge here (always learning!), but as they missed the deadline, they should be legally stuffed anyway, and you should still send that second letter - shame you didn't manage to get it off before they got back to you, there'd have been no arguing then!

However, I personally cannot say for certain that not sending the 12+2 letter before they sent the supposed CCA does not make a difference; not my specialist subject. I would hope it didn't, as it's really only a formal statement of what the Law already proscribes, but, as I say, I'm not sure on that one.

On the other hand, they may have sent you something with your signature on, but it still may not be a valid Consumer Credit Agreement! Can you scan the documents at all? If so, upload them to a site like photobucket and post them up in the CCA request thread, the people there will soon tell you if it is valid or not.

So relax a bit - you still have options. They had already passed the 12+2 deadline by about 2 weeks, so hopefully that still counts, the CCA copy may not be valid, we haven't even looked at checking whether the default letter is valid yet (not sure what that is myself, but RAS mentioned it ), and you can still reclaim all the penalty charges added to the original CC balance before it was passed to a DCA, which should help the cashflow anyway.

So, not time to raise the white flag yet!

~Jes

Jesthar

Just giving this one a *bump* for the dayshift

Alias_Omega

MRDOLLAR wrote: »

So with the letter they have sent me a photocopy Credit Card Application from Halifax!!! iI signed it on 06/02/03!!!
Guys what the hell do i do?
Should i pay up? They went passed the 12 + 2 days though from my letter am i correct do i have a leg to stand on what would you suggest?
Oh dear Stressed again#~!!
Hope you can help
Thanks in advance

Am i right in thinking they have simply pulled out your application form.

What normally happens if you fill this in, they send you the card & with that is the CCA, your ment to sign this and send it back in the enverlope.

Normally people throw them in the bin.

MRDOLLAR

yes its just an application form! i will scan it and put it on here!
What steps to take guys?