Capquest help needed

alfred2009

Hi,

I received a letter at the weekend from Capquest. I know it is probably a scare tactic but I really need some advice on how to proceed. They are threatening to send me a Statutory Demand which could result in Bankruptcy. Here is the letter:


In the matter of: Capquest Investments Ltd V Me
Debt Purchased From: National Westminster Bank
Balance: £1,447.50


Despite our numerous attempts to assist you to find an amicable solution to settle this account, the balance remains unpaid.

Our investigations into your current financial position, based on the information we currently hold, are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268 (1) (a) of the Insolvency Act 1986 which will be completed on or around 19 May 10 which will be served upon you.

If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand, as set out in the appropriate notes within the demand, you could be made Bankrupt and your property and goods taken away from you.

Any application to set aside the demand (Form 6.4 in Schedule 4 to the Insolvency Rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (Form 6.5 in Schedule 4 to those Rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

Remember: From the date of service of the Statutory Demand
(a) You have only 18 days to apply to the court to have the demand set aside, and
(b) You have only 21 days before we may presenta bankruptcy petition.

You can stop this by contacting us now on XXXX XX XXX. Calls charged at 10p per minute from a landline quoting Ref xxxxx. As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of £856.50. This is subject to you accepting the offer by 19 May 2010. This settlement can be over a time period that can be negotiated around your current circumstances. Alternative proposals will also be considered.


Yours sincerely


Capquest Debt Recovery Ltd


They don't actually state what the debt is, other than it's from NatWest. I have a more than a sneaking suspicion its from an old credit card I had with NatWest, but this should be now statute barred as it is over 6 years ago I made a payment or had any correspondance with NatWest.

My question is, what do I do? Can I write asking what the debt is without admitting it is mine? Or do I just claim it is statue barred from the off?

I don't mind going to court over this - they are theives! I already pay them £50 a month off a £6,000 loan I had with NatWest years ago.

This is also the first I've heard of this debt/amount! They have the cheek to say 'despite numerous attempts to assist me in finding a way to pay!' This is the first letter they have ever sent in regard to this debt!

I also don't own my own home or have a car or anything so I don't have anything to lose so to speak. In fact, if they petition me for bankruptcy aren't they shooting themsleves in the foot given that I'm currently paying off a 6 grand debt with them? Won't that get written off too?

I refuse to deal with them over the phone as in the past they have been rude and very threatening.

Any/all advice welcome. I'm ready for a fight.

Tixy

Hi

First step is a prove it letter - ask them to prove you owe them some money and prove they can collect it - does not admit your liability - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

fermi

Up to you really.....

You could make them prove whatever it is?

http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

Or go straight off for the statute barred if you are confident it is.

http://forums.moneysavingexpert.com/showpost.php?p=11571227&postcount=3

=alfred2009;discussion/2459491]I also don't own my own home or have a car or anything so I don't have anything to lose so to speak. In fact, if they petition me for bankruptcy aren't they shooting themsleves in the foot given that I'm currently paying off a 6 grand debt with them? Won't that get written off too?

Yep. They would be complete idiots to make you bankrupt.

If all else fails you could send them 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 £600 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 £790 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 gratefull y

WRINKLES

fantastic fermi great advice

alfred2009

I thought I'd add a little update here. Thanks to all who replied. I sent off the 'prove it' letter by recorded delivery last week. Today they have responded with:

Thank you for your recent correspondence and confirm this account is now on hold.

An investigation into your complaint will be carried out in line with our in house procedure and as soon as we have the results of our findings, a Quality and Assurance Officer will be in contact with you.

In the meantime, please find attacehd our Complaints Handling Leaflet for your information.

Yours sincerely

Complaints Department

It's a load of crap basically, but why are they treating it as a complaint when I asked them for proof of the debt and said I would complain if they kept persuing me without proof. They STILL don't say what the alleged debt is for. Any advice on my next move? I feel I should respond telling them not to get in contact until they have proof and that they are muppets. If it is for what I think it is then I'm sure it's statute barred anyway. What should I do?

Should I just sit back and wait for them to make the next move? I know this letter is a pointless exercise and that they have no proof otherwise they would have already sent it.

The enclosed leaflet says they will endeavour to get back in touch either in 5 days, 28 days or 56 days....

fermi

alfred2009 wrote: »

Should I just sit back and wait for them to make the next move?

Sounds like the best plan to me.