Capquest Statutory Demand Notice

mel23

Yes I have thank you, my post has been flagged up to the site team whatever that means, sorry but I'm a little clueless here! I have read on some posts about the set aside option, but wouldn't know where to start or how to proceed, and what to use for the basis of my claim, which is why I am hoping somebody can come along and help me soon.

Many thanks

chanz4

I know you are disputing the balance, but what have you done apart from request the statments etc.....in your post you admit you owe some money and for that type I wouldnt be suprised if they dont do something. Have you spoken to cccs or another debt charity?

RAS

Assuming that you are in England and Wales then this NDL factsheet explains how to dispute an SD http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=36_dealing_with_a_statutory_demand

You need to dispute it on the grounds that Crapquest know the debt is in dispute - using the evidence thet you have already sent to them.

Be prepared to go to court and face them down. As a litigant in person, the judge will be understanding.

You do however need to get more help regarding the quality of your evidence and the latest legal cases. Do not assume that the judge will know anything, it is for you to tell them.

mel23

To be perfectly honest, the balance has increased to that amount because of interest being added at approx £90 plus per month for well over a year, and the request was sent to Moorcroft originally as I believed the account was clear until I received their letter. I sent a request to Moorcroft for all the relevent papers, such as agreement, statements etc with the required £1 postal order for the information, so I could review the account. The letter I received by return does clearly state, "please be assured that your account is now on hold whilst we investigate this matter further with our client and we will communicate their response to you on receipt, dated 16th July 2010. No further correspondance was ever received from Moorcroft, it was their choice not to respond. Except my account did not remain on hold, it was passed on to Capquest who want to believe I never made this request to Moorcroft. I explained in writing the full situation to them, the said I had not sent them the required £1 fee to request this information, therefore they were under no obligation to honour any time period as I requested for this information. Sorry to sound blunt here, but I am not in the habit of sending £1 to these people every time I have send them a letter! If they feel it justified and they think they have anything to gain, then it may be their best option to go ahead and act, instead of making constant threats. I have no assets, property, savings, car etc, I do not work due to being a full time mum so they really have nothing to gain! I haven't spoken to anybody up until now as explained above, more important personal family matters have had my time in recent weeks! Thank you for the link too, I will have a look at that now!

thechippy

So,

You have what sounds like a non compliant agreement and you've placed the account in dispute.

Dca's CANNOT add interest unless the original agreement has that express provision once sold on - and they RARELY do.

Therefore, any interest and charges the dca's have added are unlawful.

I'd send a subject access request (SAR) costs a tenner, but with that info you will be able to add up all the unlawful charges which can be disputed.

thechippy

Just some more pointers.

The sd must have been delivered in the correct manner and the contact on the sd must be available.

I think with crapquest it's normally barry davies, who never seems to be around.

The delivery is usually incorrect as well, so immediately, you have two reasons for a set aside.

I really don't think they will pursue this, as it will cost them around £1500 to actually go through with it and BR you, with no guarantee of getting anything in return.

I'd also complain to the oft, so they can add it to the others...

mel23

Thank you for all your help with this. The demand came by 1st class post normal delivery not registered/signed for, and the infamous Barry Davies I am seeing crop up on forums over and over again has indeed signed the demand!

thechippy

Yep,

Sounds about right.

They have to attempt to deliver the sd by hand. If this fails they are meant to try again (and leave a note) Only when this fails can they deliver by post and that's meant to be by recorded delivery.

They are up to their usual tactics.

Definately go for the SAR though, that's important to contest charges and interest...;)

mel23

Just a couple more questions to ask in addition to all the above, the overall balance since Capquest claim to have been assigned has varied on almost every letter of correspondance from them, could this be due to interest still be charged? Secondly their threatning letter sent prior to the demand states " our investigations into your current financial position, based on the information we hold are now complete and it is unfortunate that we are preparing a SD etc, if they had looked into my finances I assume they would have at some point maybe accessed my credit file. The person named on the demand is my former name and not my current married name, which I had a letter of confirmation was updated on the electoral roll in August 2010 after my marriage last year. Does this make any difference to the demand?
Sorry for all these questions, I am clueless basically

thechippy

Hmm,

If the name is incorrect, then that could make a difference. Cag may know more, they are a bit more legalese over there....

The main thing to do is send the SAR. That means they have to send ALL info they have regarding the account from day dot!