Capquest going to make me bankrupt??

juliesexbomb

Capquest have been frightening me with letters since October 2010 about sending in the baliffs.This £10000 debt from halifax they are chasing me for, i cant even remember the debt, last time i was with halifax was 2001, i thought after 6 yrs the debt expired?
Now i have had another letter saying "they are going to do a Statutory Demand under section 268(1) (a) of the Insolvency Act 1986 which will be completed on or around 12 February 11 which will be served on you.If you do no apply to set aside the Statutory Demand within 18 days or otherwise deal with the deman 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 (from 6.4 in Scheldule 4 to the Insolvency Rules 1986) should be made within 18 days from the date fo service upon youand 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 the application.
remember fro the date of service of the statutory demand
(a) you hav only 18 days to apply to the court to have the demand sat aside and (b)you have only 21 says before we may presenta bankruptcy petition.
you can stop this by contacting us now.

HELP:mad:


JULIE

Mister_aaa

"you can stop this by contacting us now."

- this looks like a standard threatening letter used by them to get you to phone them.

From the advice i've seen on here in the past, do not phone them.

Also note the wording "you could be made Bankrupt" - it doesn't say that you will be made bankrupt.

Also it sounds like the debt is statute barred.

Edit to add: I'm not 100% familiar with the law surrounding these issues, but i'm sure someone will be along shortly to inform you of your rights. Check out this thread re crapquest, and search the forums. There are loads of people who have had to deal with this rubbish from this bunch of *********'s

RAS

Hi

This is another crapquest antic. Common.

Unfortunately, even if the case is statute barred, unless you have written to them and told them that this is the case and you are not paying, they are entitled to take legal action.

And unless you defend the case, they could proceed and win.

Unless you have paid towards this in the last 6 years, or they have a CCJ, send the statute barred letter.

fermi

Debts don't expire after 6 years. They can however be "statute barred" which means that a creditor shouldn't be able to succeed in any court action against you as long as you defend it. Including bankruptcy.

You say you can't remember the debt? Did you have a unpaid debt with Halifax back then?

Assuming that the debt is yours; when would you have last acknowledged the debt in writing or made a payment towards it? Back in 2001?

Mister_aaa

Check out this thread for info on statute barred debts.

concerned43

Have you written to them disputing the debt?
Does it show up in your credit files?
You will need to establish 1) If you owe this amount
2) If you do, when was the default date

IF the debt (from date of default) is over 6 years then they cannot persue you for this debt but you really need to establish if the debt comes into that category first.

juliesexbomb

Had bank account, but on the advice of cab, was to move accounts,as Halifax was taking money out of my account.So i finally paid off there overdraft with the help of the cccs.Now i had letters from capquest about this loan i had from halifax.... i havent seen no paperwork concerning it just phonecalls and letters.
If i send them statute barred letter, will they continue to harrass me for it?
someone said dont get in touch because you are admiting the amount.

julie

Mister_aaa

When did you last make a payment to this loan, and when was it taken out?

Blitz01

This £10000 debt from halifax they are chasing me for, i cant even remember the debt

You have an alleged £10K debt and 'you can't even remember it?' C'mon...........

Also it sounds like the debt is statute barred.

You think?
For £10K it is pretty likely they would've issued a CCJ. I would be checking that first.

juliesexbomb

i was with halifax back in 2001, cant remember the £8000 loan, now its £10000,got no paperwork either

fermi

There is a letter here that may be helpful:

http://forums.moneysavingexpert.com/showpost.php?p=40443718&postcount=7

that says that:

(a) You don't recognise the debt and require proof that is was yours.

&

(b) Even if it should be yours, then it would be statute barred anyway.