Another CapQuest Statutory Demand for Bankruptcy

FrayBentos_2

(Deleted from an existing thread)

I've also had a Statutory Demand for Bankruptcy from CapQuest, here are the main points.

1. The debt dates back to 2003 and is for The Royal Bank of Scotland. It relates to a bank account going into default, no loans, no credit cards etc.

2. The amount CapQuest say I owe is £2160.75. which includes interest of £280.93

3. The demand was hand delivered to me on Saturday 30th July, but dated 19th July

4. The particulars of the debt say this:
The debt relates to an unpaid balance of sums due under Credit Agreement dated Feb 99 made between (me) and Royal Bank of Scotland in respect of a personal current account.

I haven't been in touch with the bank since late 2003 and I have never acknowledged any debt towards CapQuest either in writing or on the phone so I do not understand where the date of Feb 99 comes in.

Also in the Particulars of debt it says:

The rights and duties of Royal Bank of Scotland Plc passed the the Creditor and pursuant to an assignment letter dated 22 Dec 06

I'll be honest, I don't know what this means at all.

The letter then tells me that I need to apply to the High Cout of Justice (The Old Bailey in London if I am not mistaken) to have the demand set aside. I understand from reading various threads that I should apply to have this set aside but I am unsure how to go about it and what grounds I need to give for doing so. Also I thought I could apply to my county court for this.

I'm at a bit of a loss as to what to do next because if I go by my last contact with the bank then this debt is 7 years old and does that therefore make it statue barred?

Also I am not sure if it is too late to send the 'prove it' letter or should I go ahead with having this set aside and if so, how do I approach CapQuest to ask them to verify their dates?

Apologies for so many questions but after reading half of the internet I've confused myself.

(AdditionallyRAS suggested I should check the Registry Trust for any possible outstanding CCJ's. I'll do this on Wednesday when I have the £30.00 needed to pay for it)

RAS

OK

If it is that recent a check of your credit records will probably show up a CCJ, just bear in mind that any taken out before July 2004 will not show up. it is cheaper.

Check martin's article on cheap credit record checks.

Tixy

[I haven't been in touch with the bank since late 2003 and I have never acknowledged any debt towards CapQuest either in writing or on the phone so I do not understand where the date of Feb 99 comes in.
I would expect it to be the date you opened the account? or last signed up for a new overdraft or similar.

Also in the Particulars of debt it says:

The rights and duties of Royal Bank of Scotland Plc passed the the Creditor and pursuant to an assignment letter dated 22 Dec 06
This means they legally sold the debt on to capquest on that date. So you now owe capquest not RBS

The letter then tells me that I need to apply to the High Cout of Justice (The Old Bailey in London if I am not mistaken) to have the demand set aside. I understand from reading various threads that I should apply to have this set aside but I am unsure how to go about it and what grounds I need to give for doing so. Also I thought I could apply to my county court for this.

I'm at a bit of a loss as to what to do next because if I go by my last contact with the bank then this debt is 7 years old and does that therefore make it statue barred?

Also I am not sure if it is too late to send the 'prove it' letter or should I go ahead with having this set aside and if so, how do I approach CapQuest to ask them to verify their dates?

Apologies for so many questions but after reading half of the internet I've confused myself.

(AdditionallyRAS suggested I should check the Registry Trust for any possible outstanding CCJ's. I'll do this on Wednesday when I have the £30.00 needed to pay for it)[/QUOTE]

It sounds like it might well be statute barred -but that will depend if there is a CCJ against it - registery trust should just be £8 rather than £30?, although I suppose depends on how many addresses you need to check.

FrayBentos_2

Quick update
I realised where I had gone wrong with the Registry Trust payment. I was asking it to search all of the possible categories (hence the £30.00) and not the one that applied to me (yes it was just £8.00). So I went ahead with the search and the results came back with nothing registered.

I assume from that that there is no CCJ against me. If this is the case, should I now go ahead and apply to have the demand set aside? Or would I be better off writing directly to CapQuest?

If I do need to get the demand set aside, I need to act quickly as the letter was dated 19th July although it was handed to me on the 30th. (Which would possibly explain why the man who gave it to me said something along the lines of 'usually we would need a signature, but there is no need today').

FrayBentos_2

In light of their being no CCj showing against me, would it be wise to for me to get this demand put aside? IIf so, should I get a form to fill in or do I just state my reasons in writing and would my reason be that I am contesting it as it may be statute barred?

Again apologies for the questions, I've gotten really confused over the different suggestions I've seen at various sites.

FrayBentos_2

Sorry for bumping this thread but if I am going to apply to set aside this demand I only have until tomorrow to to do so.

I have found a form (6.4) that I think I need to fill in and take to the court. However it mentions and affadavit. Should I be getting in touch with a solicitor by now?

fermi

FrayBentos wrote: »

Sorry for bumping this thread but if I am going to apply to set aside this demand I only have until tomorrow to to do so.

Sorry. Hadn't see this thread until now.

Might well be an idea to register and post here.

http://www.legalbeagles.info/forums/forumdisplay.php?f=42

I believe there are some people there who have experience getting these set aside.

RAS

FB

Read the NDL factsheet http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=36_dealing_with_a_statutory_demand

If you honestly believe this debt is Statute barred then you are disputing it because it is statute barred.

Have you sent crapquest a SB letter?

FrayBentos_2

Thankyou for the links I will have a look at them. No I haven't sent CapQuest anything as again I wasn't sure exactly what to send or ask them for clarification of. Is and SB the 'prove it' letter? Or is it too far down the line for this now?

RAS

Hi

Not too far down the line at all.

In fact, legally Crapquest can pursue you for an SB debt UNTIL you inform them that it is SB and you are not paying in WRITING.

So you need to do that.

Will be back with the letter.

RAS

fermi did a really good thread on this, letters included https://forums.moneysavingexpert.com/discussion/2606811