CapQuest Debt Recovery

Bashy

Hi all,

I try and make this as short as poss but after a devorse and loosing the lot plus walking away with all the debt this company has just posted this letter through my door.

Its from an ols ABBEY load back in Jun09.

The say goes as follow:

Futher to our letter of the 22JUN 10 (didnt see one as moved address)

You have failed to respond to this correspondence in a satisfactactory manner and have left us with no alternative but to personally serve you with a statutory Demand for Bankruptcy (I have been given nothing this letter was through the post box)

There are Four pages the last ones says i have 18days to apply to the court to have the demand set aside or 21 days before the ceditor may present bankruptcy petition. (I didnt know this could be done just by posting it through a door)


Anyway what do i do now???

Thanks for any help

chanz4

First of all do you owe it, second how much is it for? Capquest are a nasty dca, but use these demands like first credit did and bulk send them with no intention to carry out their threat

Bashy

Yes i owe it from around 5 years ago, When i got me settlement from the devorse i went round everyone i owed money to and offered a settlement most did but the odd one said no they wanted the full amount, So did Abbey even though i told them how much i had and when its gone its gone.

I have not heard a thing until now and the amount is just over £21,000

Bashy

A guy did come to the door and asked my name etc but didnt give me a thing, i told him i needed to go as kids to pick up, When i got back the letter was there

thechippy

Your first post says 2009 and then you say from 5 years ago.

Can you clarify when the loan was taken out and the balance when you stopped paying?

Bashy

The letter says 2009 but i stopped paying over 5 years ago (would need to check old letters but not far off 5 years)

I know its been a long time as i stopped paying this when i was with my X partner and that has been over 3 years now

thechippy

Try to find out exactly when last payment or acknowledgement of the debt was made.

In the meantime, google how to set aside a statutory demand. You need to get this set aside if you can.

fatbelly

Would bankruptcy be a good option for you?

Bashy

Going through paperwork now and it would be a good thing for me to go bankrupt if this does go all the way, Still i need to check paerwork as i am sure its been over 5 years since last payment

fatbelly

Bashy wrote: »

Going through paperwork now and it would be a good thing for me to go bankrupt if this does go all the way, Still i need to check paerwork as i am sure its been over 5 years since last payment

Then there's not much point fighting it. The OFT have said that statutory demands should only be served IF there is a genuine intention to press for bankruptcy and AFTER commercial investiigation.

It still does appear that Capquest are sending these things out routinely to get people to engage with (er, be harassed by) them. And so, if bankruptcy would be a good option for you (say multiple debts, no assets, little surplus income) then they are unlikely to follow it through as this is an expensive option for them with little likelihood of getting anything back.

Bashy

Paperwork found, The last payment they recived was through CCC JUN 07 so well over 4 years, Does this make much difference??

Should i phone them and tell them to get on with it?