Capquest Statutory Demand Warning

Xorthis

Hi everyone,

I was looking for some advice on how to deal with the infamous Crapquest Ltd. Last year they contacted me by letter (normal threats legal action blah blah) about a debt for £1600 that I had forgotten about due to other more pressing issues in my life, however I was aware that this debt was more than 6 years old and thought to be statute barred. I sent them a letter denying the debt and to cease legal threats under the Limitations Act 1980.

A few weeks later they send me evidence that I made a payment 5 years 11 months and 2 weeks ago, just outside the 6 year limit and claim it is not statute barred and I do owe the debt. At this point I wondered if by contacting them I had reset the statute time limit, so I waited for their next contact. I then received a letter from Castle collections saying they would send a doorstop lacky to collect the debt, which I responded to to inform them that I would not be paying as this debt is statute barred (As by this point, the 6 year time after the last payment HAD passes). they sent it back to Capquest, then I got another demanding letter from them, I ignored that and a week later I get ANOTHER letter from Castle demanding the same thing. I called them back and told them the same. I thought that was the end of it.

Then a couple of weeks later I started to get daily voicemessages from Emma at capquest asking me to contact her, after a few weeks of this (I was waiting for a letter), I returned the call and informed them that the debt was now statute barred and denied owing them anything. I also stated that I would not be paying them anything because of this. She made some notes and that was the last I heard from them until today.

I received a letter from them dated the 14th May saying if I do not settle the account they are preparing a statutory demand to be personally served on me and that if I do not get it set aside within a further 18 days they will file a bankruptcy petition. They are also saying that if I contact them before this date they will be willing to accept a settlement of £990.

Now my questions for the informed people here:

1) By contacting them to deny the debt under the Limitation Act 1980 at the end of the 6 year period, have I reset the 6 year timer? From what I have read, as long as I have not made a payment or sent a letter other than to deny the debt the Limitation act still protects me form legal action.

2) Has anyone else here received a similar threat from capquest and have they gone through with the threat and served the SD?

3) Due to the way they kept attempting contact by phone, threatening legal action then sending another agency (who are also owned by capquest) to recover the debt after I said I will not pay, is this considered harassment contrary to Section 40(1) of the Administration of Justice Act 1970? How would I peruse this if it is?

If you read through this and understood, many thanks, I hope someone can make a suggestion to stop the threats...

poorandindenial

Xorthis wrote: »

Now my questions for the informed people here:

1) By contacting them to deny the debt under the Limitation Act 1980 at the end of the 6 year period, have I reset the 6 year timer? From what I have read, as long as I have not made a payment or sent a letter other than to deny the debt the Limitation act still protects me form legal action. - I am no expert but this the National Debtline factsheet - give them a bell if you are still unsure

2) Has anyone else here received a similar threat from capquest and have they gone through with the threat and served the SD? - pass

3) Due to the way they kept attempting contact by phone, threatening legal action then sending another agency (who are also owned by capquest) to recover the debt after I said I will not pay, is this considered harassment contrary to Section 40(1) of the Administration of Justice Act 1970? How would I peruse this if it is? - there are template letters floating around, I'll see if I can find one for you

If you read through this and understood, many thanks, I hope someone can make a suggestion to stop the threats...

Err now some text to make the post long enough

Xorthis

poorandindenial wrote: »

Err now some text to make the post long enough

Many thanks!

According to National Debtline:

You can argue that the creditor is out of time or 'statute barred' from taking you to court for this debt if:.. ...you have not written to the creditor admitting you owe the debt during the last six years.

The letter I sent them did not admit the debt, in fact it was an email (is this classed as a letter these days?).

So if the idiots do serve the SD I can set it aside with this as my defence then counter-claim for distress and costs (I hear it costs up to £40 to send a letter about money these days).

Would it be best to send a letter explaining this or call and tell them?

10past6

In a answer to question 1 = No, although I have my doubts about the tiime scale the reason they are claiming it's not statue barred.

In answer to question 2 = No, I've had delaing with Crapquest, but I stood my ground regarding harassment, and the calls and letters stopped.

In answer to question 3 = Send them the following 2 letter's, BY RECORDED DELIVERY:

Your address

Company Name
Dear Sirs

Harassment by telephone

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

I request confirmation that my telephone details have beem removed from your databases.

Yours faithfully,

[NAME HERE] ONLY INITIAL, NEVER SIGN THE LETTER!!

Send the following letter also, to any DCA that is dealing with this alledge debt:

Your address

Date

DCA / Creditors address

Re account / ref number: xxxxxxx

Please be advised that I am only prepared to communicate with XXXXXXXXX in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; e.g. the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass.

You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

Should it be necessary, I will obtain an injunction

[INITIAL ONLY - NEVER SIGN THE LETTER]

Now in regards to the SD, this can ONLY BE GRANTED BY A JUDGE Crapquest and all the other DCA's can say what the hell they want, it's not their decision.

If you are served with court papers, don't panic, attend court and inform the judge that you believe the debt is statue barred, the DCA's have had sufficent time to contact you.

poorandindenial

I would say letter by special delivery. Probably worth a quick bell to National Debtline just in case there is anything else you need to say or be aware of.

If it is statute barred then I am not sure how far you can go with the counterclaim as they are entitled to ask you to pay but they can't enforce the debt in the courts (ie the debt doesn't 'go away' it just doesn't show on your credit file and they can't get a court to order you to pay it) that doesn't mean they are allowed to harras you though so if they hound you write to them stating you will only deal with them in writing and quoting the legislation from your first post (oh and never miss an opportunity to re-iterate that the debt is statute barred)

ALSO don't sign the letter, there are stories on here of people that have had their signatures copied and pasted into other documents

Yay 10past6 - those were the letters I was looking for

Xorthis

10past6 wrote: »

Now in regards to the SD, this can ONLY BE GRANTED BY A JUDGE Crapquest and all the other DCA's can say what the hell they want, it's not their decision.

If you are served with court papers, don't panic, attend court and inform the judge that you believe the debt is statue barred, the DCA's have had sufficent time to contact you.

From what I have read the SD can be compiled and served without the courts being involved. According to National Debtline they are a pre-court form that requires you to pay, secure the debt against property or reach an arrangement. 21 days later they can apply for a bankruptcy order at a county court...

Also from what I have read the threat of an SD is used because they don't have to pay anything up front (unlike a CCJ) but if they did apply for a bankruptcy order it would cost them a lot of up front money. Basically, a cheep scare tactic that would cost loads to follow though with. Also if they did this and I was able to use the limitations defence they would be liable for more charges!

I think like poorandi said I'll call National Debtline and see what they think, thanks for the info and letters!

10past6

Xorthis wrote: »

From what I have read the SD can be compiled and served without the courts being involved. According to National Debtline they are a pre-court form that requires you to pay, secure the debt against property or reach an arrangement. 21 days later they can apply for a bankruptcy order at a county court...

Also from what I have read the threat of an SD is used because they don't have to pay anything up front (unlike a CCJ) but if they did apply for a bankruptcy order it would cost them a lot of up front money. Basically, a cheep scare tactic that would cost loads to follow though with. Also if they did this and I was able to use the limitations defence they would be liable for more charges!

I think like poorandi said I'll call National Debtline and see what they think, thanks for the info and letters!

If they do apply for ANY action re this debt, you can request for it to be set aside.

As advised, you should seek professional debt advice, in the meantime, get those letters in the post, won't do any harm.

davek1

never never never ignore a SD. If you receive one don't think they wont go through with their threat They just might. Go and get it set aside from what you have said this debt is statue barred without question and that would be your answer to and SD.

I would write a fnal letter to crapquest and tell them this debt is statute barred and you do not intend paying it therefore they should cease all action in respect of the debt. You need give no other explanation.

Dave

Xorthis

davek1 wrote: »

never never never ignore a SD. If you receive one don't think they wont go through with their threat They just might. Go and get it set aside from what you have said this debt is statue barred without question and that would be your answer to and SD.

I would write a fnal letter to crapquest and tell them this debt is statute barred and you do not intend paying it therefore they should cease all action in respect of the debt. You need give no other explanation.

Dave

Indeed, I think this is the best thing for me to do. Just to clarify, the letter they sent me is not an SD, it's a threat to serve an SD unless I pay. As far as I see this is a legal threat after I have already proven once that the debt is Statute Barred and stated I will not pay, so they are breaking the law.

Also as I see it I'd also successfully be able to set the SD aside if they did serve it because 1) The debt is statute barred 2) The debt is in dispute.

They've had 6 years to contact me and bring County Court action against me, I've never moved out of the country or lived in another city so why they have left it so long to threaten me is confusing.

I'll draft a response today and see what their next move is Many thanks for the advice and numbers!

10past6

Xorthis wrote: »

why they have left it so long to threaten me is confusing.

Debts are bought and sold all the time, Crapquest have probably just bought this debt and are trying their luck.

Do as advised, you'll be OK.