what is a statutory demand?

lesedwards67

hello,
sorry for my ignorance but can someone tell me what a statutory demand is, what are the implecations of this . My 75 yr old fater has been threatened with one from capquest on a £3600 debt they purchased from capital one.
thank you

CCCS_Sarah

lesedwards67 wrote: »

hello,
sorry for my ignorance but can someone tell me what a statutory demand is, what are the implecations of this . My 75 yr old fater has been threatened with one from capquest on a £3600 debt they purchased from capital one.
thank you

Hello,

I have attached a link to the CCCS website that explains these for you. Have a red through and let me know if you have any questions.

http://www.cccs.co.uk/InfoCentre/NorthernIreland/Creditoraction/Courtaction/Bankruptcyfromcreditors.aspx

Sarah

RAS

How old Cap one card ; when did he take it out?

Crapquest are well-known for using SDs. They can be the first step to bankruptcy, so you need to get it set aside.

Does your father own his own house?

Do you have either the old consumer credit agreement (Cap one are rarely legal) or the default letter?

lesedwards67

the card is about 7r old, he does have his own home but is in hospital, how do you get it set aside. They have only threatened at the moment his account is currently on hold, we do not have the agreement or a default letter .....

CCCS_Sarah

lesedwards67 wrote: »

the card is about 7r old, he does have his own home but is in hospital, how do you get it set aside. They have only threatened at the moment his account is currently on hold, we do not have the agreement or a default letter .....

Creditors are unable to legally pursue your father for the debt if, after six years;

• The creditor has not already obtained a county court judgment (CCJ)

• Your father or any one else owing the money (on a debt in joint names) has not made a payment

• And he has not written to the creditor admitting they owe the debt

This is known as statute barred and refers to the Limitation Act.
If you believe that the creditor is timed out to collect the debt, you may wish to use the template letter below.

Example letter – limitations act

From:
Name:
Address:
Postcode:
Date:

To:
Creditor’s Name:
Account/Agreement No:

Without Prejudice

Dear Sirs
Ref
I do not admit any liability for your claim and will not be making any payment towards it, as it is now more than six-years since any cause of action may have accrued. Any claim would, therefore, appear to be statute barred under section 5 of The Limitations Act 1980 and any court claim will be defended on that basis.
In addition section 2.14 of The Office of Fair Trading Collection guidance states that it is unfair to pursue such claims where, as here, the creditor has made no contact during the relevant limitation period.
If, however, you have substantive evidence that your claim is not statute barred then please supply it to me within 21 days. If you are unable to provide such evidence please confirm that no further action will be taken against me.
Yours faithfully
(Signature)
(Print name)

RAS

As Sarah says, if he has not paid anything towards this debt in writing, or acknowledge it in writing, the debt is statute barred, unless there is a CCj already.

it is 5 years in Scotland.

lesedwards67

he has been making payments towards the debt, token payments, he has not had a ccj against him, do i ring capquest , no statutory demand has come through yet, they said it would be served on the 7th may .they said this can be stopped by ringing them and making and arrangement.I am just at breaking point and have no idea what to do.

RAS

lesedwards67 wrote: »

he has been making payments towards the debt, token payments, he has not had a ccj against him, do i ring capquest , no statutory demand has come through yet, they said it would be served on the 7th may .they said this can be stopped by ringing them and making and arrangement.I am just at breaking point and have no idea what to do.

Thanks for this. Please ring one of the debt charities or Samaritans if they really get to you. This is sortable.

A bit of background; crapquest are reknowned for buying up debts at a very low price because the legal documentation supporting the debt is missing or not legally complaint. They hope to terrify people into paying up even though there is no legal basis to their claim for money.


Do you have either the old consumer credit agreement (Cap one are rarely legal) or the default letter?

This is important. if either of these documents is faulty, they cannot succeed in any court proceedings. in fact if they pursue your dad once they know this is wrong, the OFt will "give them guidance".

if you do not have these documents, you need to send a Subject Access request to crapquest tomorrow. I have only ever seen on legally compliant CCA from Cap one on here and loads of faulty ones.

If the SD arrives, you need to get it set aside, but worry about that if it happens, not before.

RAS

Send this letter, signed by your dad, regsitered post tomorrow, courtesy of 10past6, who knows more about consumer law than many DCA lawyers and will help you when the documents come back.


If you wish to make an SAR, use the template letter below, send it to whoever your paying at present, pay attention to point 13

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

RAS

Just found your previous thread https://forums.moneysavingexpert.com/discussion/2458761

Did you send the SAR the other day?

lesedwards67

no, i have been at the hospital most of the time, this is whats getting me down so much. I have the responsibility of being there for my dad but I know i have to get this sorted. I just want to sit in a corner and cry.I just cant handle it. sorrry