hassle from capquest-any advice please

lesedwards67

hello,
my farther is being hassled for a debt from capquest ( original debt- capital one) he is 75 yrs old lives on state pension and has just been diagnosed with cancer. His latest letter from them to cut it short.
our investigations into your current financial position based on information we currently hold are now compleate and it is unfortunate that we find ourselves preparing a statutory demand under section 268 (1) (a) of the insolvency act 1986 and this will be served on 7th may 2010.
if you do not apply to set aside the statutory demand within 18 days or otherwise deal with the demand you could be made bankrupt and your property and goods taken away.
can anyone help PLEASE what do i do???
thank you for any advice, Lesley

RAS

Welcome.

Does he own his house?

How much does he owe?

lesedwards67

yes he owns his own house, he owes £3641
thank you

DarkConvict

Since it is over £1500 they can do a statutory demand (bankruptcy order), however i am surprised they would go for a BR instead of a CCJ/CO for £3641 as it costs them like £1500+ to do a statutory demand.

It may just be a threat, as it is often used but not carried out if a payment plan can be arranged.

RAS

OK

They are trying to frighten him ointo taking out some sort of laon to pay him off.

Given his diagnosis, can you get a letter from his doctor?

Assuming this was consumer credit rahter than a bank account has he asked for the CCA?

When did he take out the account? How long since he last paid anything?

have you got the default letter

lesedwards67

at the bottom of the letter it actually says-
you can stop this by calling....... bla bla. as one last concilliation gesture we are offering you the oportunity to clear this account once and for all by paying a settlement of £2185.This is subject to you accepting the offer.This settlement can be over a time period that can be negotiated around your current circumstances. Alternative proposals will also be considered.????

what does all this mean ?

lesedwards67

in answer to Ras,
he has had no default letter, he last paid in february a token payment of £1.00, he can get a letter from the doctor no problem, he also has alzheimers...
he has not asked for a CCA yet and the debt is a credit card.
thanks so much.

RAS

When did he open the account with them?

lesedwards67

it was opened in 2004

RAS

Good.

It is quite possible that this is faulty, in which case, he could defend the case.

has the SD been served yet?

If he has not been sent a default notice, they should not be taking legal action, are you SURE? is there a default on his credit record?

lesedwards67

no the statutory demand has not been served. his account is on hold at the moment as they are waiting to receive a letter of authority so they can speak to me regarding the account ( letter faxed on friday ) with regards the default he may have received on in the past which i do not know about.
So is your advice to request a copy of the original agreement and take it from there or has this gone beyond that ?