CapQuest Stat Demand

fermi

Does this help?

http://www.nationaldebtline.co.uk/england_wales/pdf/36_dealing_with_a_statutory_demand_form_6-4.pdf

from here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=36_dealing_with_a_statutory_demand

catcher

hi, just joined this forum. Quick question. sent off a CCA to CapQuest and received a letter asking me to send full details of my dispute with supporting documentation.

Has anyone come across this before and xactly should I be sending? Had been making payments to them for a while til a friend told me of this site so I gave it a go see if i can recover monies already paid and stop them asking for more.

moneymeltdown

fermi wrote: »

Does this help?

http://www.nationaldebtline.co.uk/england_wales/pdf/36_dealing_with_a_statutory_demand_form_6-4.pdf

from here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=36_dealing_with_a_statutory_demand

amazing thanks for these fermi - I managed to send my application to set aside a couple of days ago . I have to be honest, due to the family bereavement, I did rush my paperwork just so I got it in to the court on time Not ideal but fingers crossed. The Court said the hearing (if any) will probably be in March.

moneymeltdown

I have a court hearing date for end of March - I hope everything will be OK

moneymeltdown

CapQuest Update - they have finally sent me what doesn't look like a CCA...I looked at this carefully and see that the date that I allegedly signed it was way back in 2001! Does this mean that this is statute barred as CapQuest only started to pursue this last year?

moneymeltdown

.......bump!

fermi

moneymeltdown wrote: »

CapQuest Update - they have finally sent me what doesn't look like a CCA...I looked at this carefully and see that the date that I allegedly signed it was way back in 2001! Does this mean that this is statute barred as CapQuest only started to pursue this last year?

Depends on the previous account history after you signed it.

Was there a period of 6 years during which you neither made a payment or acknowledged the debt in writing? If so, then it is statute barred, even if the debt is legitimate in other respects.

moneymeltdown

fermi wrote: »

Depends on the previous account history after you signed it.

Was there a period of 6 years during which you neither made a payment or acknowledged the debt in writing? If so, then it is statute barred, even if the debt is legitimate in other respects.

Thankyou for replying fermi...is that a payment made to the original creditor? I have not acknowledged the debt in writing to anyone...although I have requested CCA from CapQuest and set aside of Stat Demand etc for upcoming court hearing - does this count?

fermi

Not necessarily the original creditor, but a payment for a CCA request doesn't count as acknowledgement of the debt.

Also, once the 6 years has passed, no payment or acknowledgement can undo the debt being statute barred.

The Limitation Act says

"a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment."

moneymeltdown

OK - I will check my payment history with original creditor. There is so much wrong with this Stat Demand - how it was served and the contents of it etc and now potentially the debt could be Statute Barred.

What a waste of everyones time! :mad: