Capquest scary letter

mr.milo_2

Hi
My husband and i are in debt, around £20,000.
We really want to go Bankrupt as we have tried everything else through the c.a.b.
Trouble is going Bankrupt is expensive. We get letters everyday from numerous companies demanding money.
Our c.a.b advisor said they are idle threats.
Recently we have moved home and lost contact with our c.a.b advisor.
We have now got this scary looking letter for Capquest , its a 4 page special. They are saying that if we do not pay off the debt they will try to get us Bankrupt , which is brilliant news and prob not worth there hassle on a £839 debt.
But the scarier threat is that our property and goods will be taken away. We are renting so dont matter about property, but just cannot handle our property being seized, we had a baliff situation a couple of years ago and was very intimidating, i do not want to go through that again.
Is this just another idle threat? It looks so much more official than there usual letters.
We are not bad people, spending and not wanting to pay back, My husband is off work due to illness and since that day debt has outgrown us.
Any advice will be very appreciated.
Thanks for reading a long post.
Kind Regards Kathryn:(

fermi

Bailiffs are not sent round if you go bankrupt.

And CrapQuest would have no say on what property the Official Receiver might want to claim.

As a rough rule, the Official Receiver would only want t claim non-essential property that would make money at auction. In practical terms, that means that most items worth less than £1,000 wouldn't be worth bothering with.

The letter from CrapQuest is scare tactics, pure and simple.

Very very very unlikely they will make you bankrupt, especially for such a piffling amount.

king100

What have you got that is worth anything for them to take? They cannot make you bankrupt and then come and grab your sofas etc, they must leave you with something.

On another point that I see mentioned you said you have a run in with the bailiffs some years back, is it within 6 years and do you mind explaining what it was for? I say this as if in is Council Tax or parking tck you might have been charged too much in terms of fees that you have 6 years to get back, we can help on that situation.


With crapquest can you please let us know what the debt is for?

Could you please also breakdown what the 20k is made up for with as much detail as possible.

EG

Capital One Credit Card - Taken out June 2004 - £2000 balance.
Additions - Taken out 2003 - 2003
Loan Halifax - 2001 - 10k with PPI

RAS

mr.milo

The chances of crapquest doing you the honours are slight, although they would obviously be welcomed.

crapquest can either make you bankrupt, or try for a CCJ.

If they make you BR, then the Official Reciever will decide what property and possessions s/he is interested. Got any antiques, Van Goghs, classic cars or race horses? They are only interested in the race horses if they will fetch something. Doubt if they even bother with flat screen TVs these days.

And since crapquest will get about 4p in the pound, unless you own some very expensive jewels, they will be out of pocket.

Have you stop paying everything except essential and priority bills?

mr.milo_2

Thanks for your quick reply, you have put my mind at rest.
Our baliff situation was over six years ago, but burns freshly in my mind.
It was for ctax , we have tried never to go behing again.

Capquest debt is for Aqua Credit card.
We have been unable to pay for our debts since 2007
And have stopped paying anything back.
We were paying token payments, to go through with a debt relief order, but unfortuantly our debt was slightly over the required amount to apply.
So Bankruptsy is our last resort. Our credit rating is trashed and frankly we would not want to ever get things on credit ever again!
I can put down all our itemised debt, but the paperwork is all packed away when we moved. So i will have to dig it all out.
But if you would think it would help i will get it ready.
Kind Regards Kathryn

mr.milo_2

Hi R.A.S
Yes we have stopped all payments on all debts.Except essential bills.

king100

Personally I would dig out all your paperwork that you have.

Send each CC company loan company and any account that you hold a request.

It comes under the Consumer Crdit Agreement 1974, it basically says

"Show me a copy of my signed agreement of my loan,cc or account"

You will need to send £1 postal order for each on. If within 12+2 they cannot provide you a copy of the original agreement you can debt in dispute. This will default of your credit file but you ssay that this is screwed anyway.

Letter as below. Send with proof of postage, keep very accurate detaisl of who you have sent it to what date and be prepared to follow up with dispute letter.


CCA request letter.

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.



Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.


Your Address

Date

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

This letter is a formal request pursuant to s.77(1) 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(6) will apply.

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)
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


print your name
print your name
print your name
print your name
print your name
print your name

They are known for a bit of photoshop with your signature.

RAS

mr.milo wrote: »

Thanks for your quick reply, you have put my mind at rest.
Our baliff situation was over six years ago, but burns freshly in my mind.
It was for ctax , we have tried never to go behing again.

I will bet that the bailiff stung you for illegal fees.

Just in case you ever have any close encounters again; keep the doors and windows locked and do not let them in the house. They will eventually have to go away and they can only charge £42.50 for the privelege.

king100

RAS wrote: »

I will bet that the bailiff stung you for illegal fees.

Just in case you ever have any close encounters again; keep the doors and windows locked and do not let them in the house. They will eventually have to go away and they can only charge £42.50 for the privelege.

I 2nd that one. Are you sure it was more than 6 years ago, as we might be able to get some cash back from them.