Capquest putting a statutory demand for bankruptcy on a debt i had no knowledge of

fermi

RAS wrote: »

Thank you fermi.

That's the message I was looking for, between things.

Yep. You and kel replied while I was writing, so I had to edit PDQ.

Gotta go......

fairymist: Give a free professional advisor a call for their opinion, and then we can take it from there.

fairymist

I'm positive that it's not my account, unless i have opened an account, and used it, in my sleep!

I have requested my credit reports today from checkmyfile.com, and it says i have the debt with Natwest registered for far more than what capquest are saying, and that i am associated with 3 other addresses, but it doesn't say what those addresses are, and i can't see where i go to see them...

I have called the national debt helpline, and they have said it COULD be a bluff, but to write to both capquest and Natwest requesting my credit agreement and a subject access request, and also to dispute the claim against me. They should then put all action on hold against me. They then have 30 days to reply, and if they don't then it can be taken to the financial ombudsman, office of fair trading and even the information commissioner for breach of the DPA. So im going to go and post my letters- recorded delivery- shortly. However, the NDH did say i may need to pay for this info, should i send postal orders with this letter, or wait until they request it?

Thanks for all your advice, I'm not panicking too much now, but the fact that both ke123 and RCA say its serious is making me feel sick...i was really hoping that this wouldn't be a stressful affair, but it seems like i have had identity theft (from what the NDH were saying) and this can be hard to prove. NDH have said to report to the police when i have received all the info from capquest/natwest as i have nothing to take to them at the moment, other than this random letter that has appeared on my doorstep today.

What i don't get is why have i only received notice of this now, shorely there have got to be other letters they have sent before this, from both them and the bank, but i haven't received anything!?

fairymist

fermi wrote: »

Only time for a VERY quick post.

If you don't (and never have) owed this debt, then this can can dealt with whatever happens (but may take some doing).

Plus by sending an SD out of the blue, they have broken all sorts of guidelines and requirements under the Pre-action Protocols/Civil Procedure Rules.

If the debt CRAPquest are claiming is an overdraft, then the CCA request is of limited (or no) use.

Have they supplied the proper Statutory Demand?

It should look something like this: http://www.insolvency.gov.uk/pdfs/forms/6-1.pdf

Please give an expert advisor a call to discuss the best approach.

As suggested by RAS and kel123, National Debtline Tel: 0808 808 4000 (free) are probably the best placed to advise.

yes it looks exactly like this....If a CCA is of no use, which is what the NDH have said to send, what should i send...calling them back now!

fermi

fairymist wrote: »

yes it looks exactly like this....If a CCA is of no use, which is what the NDH have said to send, what should i send...calling them back now!

Managed to pop back for a sec.

An overdraft isn't required to have a CCA that you can request in the same way that a loan or credit card can. There isn't a signed agreement to request, so asking for it isn't a good way to get them the prove the debt.

However, as NDL also advised an SAR they are covering all bases. That would be better here.

Don't panic. While this is serious, it can be dealt with.

Troubled_Joe

you need to make an application at the county court to set aside the stat demand asap.

Go into the court and they will be able to tell you procedurally what needs doing (court fee will be £75 unless you are exempt).

Alternatively go and see a solicitor. You should be successful in setting aside the stat demand and as such would more than likely get an order for them to pay your costs (not guaranteed however).

Troubled_Joe

fermi wrote: »

Plus by sending an SD out of the blue, they have broken all sorts of guidelines and requirements under the Pre-action Protocols/Civil Procedure Rules.

I'm pretty sure that there are is no applicable pre-action protocol for a stat demand nor have they breached the CPRs.

The OP's redress is to apply for it to be set aside. There is no need to prove that it is incorrectly demanded, only that there is a point which should be argued in a full hearing.

RAS

fairymist wrote: »

I'm positive that it's not my account, unless i have opened an account, and used it, in my sleep!

I have requested my credit reports today from checkmyfile.com, and it says i have the debt with Natwest registered for far more than what capquest are saying, and that i am associated with 3 other addresses, but it doesn't say what those addresses are, and i can't see where i go to see them...

OK

We need to take this one step at a time.

First, contact the court and ask for the form needed to set aside the SD. I believe you only have 18 days to do this, so that is priority. If I can find the info on other posts, I will put them up but am busy today.

Secondly, will post the relevant letters. The SAR costs £10. Use a postal order. I would be inclined to mail Nat West more urgently as tyou need to advise them of the fraud.

Third, once you have the credit checks, you will know more about the accounts and the linked addresses. Post back here and we can help you sort things out withe credit reference agencies.

The police situation could be difficult. At the mo, many of them are refusing to take identity fraud cases seriously y that has lost money is the creditor not you. However, some DCAs are refusingto sort out the situation until they have a crime reference number. We will deal with that when the time comes. It would almost cretainly be worth putting a CIFAS note on your credi records to stop further fraudulent use of your details.

fermi

Troubled_Joe wrote: »

I'm pretty sure that there are is no applicable pre-action protocol for a stat demand nor have they breached the CPRs.

While there is not a set one for SDs, a judge in another case stated that the general provisions of the pre-action protocols should apply before a claimant should issue an SD.

RAS

Here is a SAR letter. I have edited the one from the bank charges article.

[INSERT NAME, ADDRESS AND TELEPHONE NUMBER]
[INSERT DATE]


[INSERT NAME AND ADDRESS OF BANK]


Dear Sir or Madam,

Re. Account number: [INSERT ACCOUNT NUMBER]

I have recently received an SD from Capquest for a debt they claim I owe to yourselves for this account. I have never had an account with Nat West.

I am writing to request

1. A copy of the documentation signed to authorise the opening of the account.
2. Copies of the supporting documentation used to verify the identity of the person setting up the account.
3. Details of all addresses associated with this acount over the last 6 years.
4 .a fully comprehensive list of all credits, debits and default charges over the last six years.

Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the details of activity on the account, which I’m entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as [INSERT NAME OF BANK]is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours faithfully,

[YOUR SIGNATURE]

[YOUR NAME (PRINTED)]

fairymist

RAS wrote: »

OK

We need to take this one step at a time.

First, contact the court and ask for the form needed to set aside the SD. I believe you only have 18 days to do this, so that is priority. If I can find the info on other posts, I will put them up but am busy today.

The court that the SD quotes is not my local court, it is one in Dorset, should i contact this court and ask them, or my local one?

Thanks for the letter template, i shall send that instead of what i was going to send to Natwest today, i shall also write to crapquest to say that i am disputing the SD. Should i sign the letter to Natwest, or just leave a printed name?
Thank you for all your help