Capquest again and Stat Demand

jbatista

Hi, I received a Demand from Capquest this morning for a debt of £2800 with Aqua CC. They bought the debt in Dec 2010. I originally defaulted in Dec 2009 when I became ill and lost my job.
Can someone advise me what to do?
I am a homeowner and really don want to be made bankrupt, I am ill receiving ESA and just cant afford to pay anymore out...
Help please

jbatista

Bump please

fermi

Did it come by post?

When did you first take out the card?

Is anything to do with the account disputed?

Plenty of info in this link: Dealing with a statutory demand, including an explanation of grounds you can use to get it 'set aside'.

jbatista

Hi yes it came by 1st class post, gosh I had the account maybe since 2002, when the account first went into default it was standing at around £1900, its over £2800 now?

jbatista

Help please would be very grateful on this

fermi

Well, the first thing is to put in a statutory request for a copy of the credit agreement to CapQuest. You need to see if they have a copy agreement that would stand up in court.

To be sent ASAP to Capquest with a postal order for £1 by recorded delivery.

Dear Sir/Madam

Re: **************

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77/78 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully

fermi

jbatista wrote: »

Hi yes it came by 1st class post

Was any attempt made to serve the statutory demand on you personally, or were you notified that any such attempt had been made?

jbatista

No fermi, it came out of the blue and was via 1st class post from a Barry Davies....

fermi

jbatista wrote: »

No fermi, it came out of the blue and was via 1st class post from a Barry Davies....

lol. That name is infamous.

fermi

Also worth looking at --> Debt Collection Agencies & Statutory Demands, a few strategies

jbatista

Should I be very worried about this, as I do have a mortgage and a home