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

RAS

Contact the court that issued the SD.

And print your name. You want to see that sig before they see yours.

fairymist

Ok, i have contacted the court stated on the SD and they say they can't deal with it as i have not resided in their jurisdiction for the best part of the last 4 years. They are saying i can't get it set aside because of this and will need to contact a solicitor as they can't give me legal advice on what to do!

kel123_2

I would at this point visit my local Natwest and ask them to verify the account - It may give you more information. They ofcause will say no but speaking loadly infront of other customers can have the desired effect.

Managers don't like it when other customer hear 'SO YOUR NOT BOTHERED WHO USES SOMEONE ELSES ACCOUNT AS LONG AS YOU GET YOUR MONEY!'

After all this (alledgedly) is your account so they have to give you information on proof of ID. Get all information in writing if possible

A police visit is also adviseable

Looks like you have got to start playing hard ball and rattling the long grass to see what come out

RAS

fairymist wrote: »

Ok, i have contacted the court stated on the SD and they say they can't deal with it as i have not resided in their jurisdiction for the best part of the last 4 years. They are saying i can't get it set aside because of this and will need to contact a solicitor as they can't give me legal advice on what to do!

Hi Speak to NDL

National Debtline - Website: National Debtline Telephone: 0808 808 4000

They can advise you.

setmefree

Send Twatwest this


Subject Access Request (Data Protection Act 1998)

Dear Sirs

Ref No
As per the section 7 of the Data Protection Act 1998, "Subject Access Request", I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included). I should receive your full compliance within a maximum of 40 days of this letter being recorded as delivered by Royal Mail.

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

I enclose the statutory fee of £10 by way of a postal order and remind you that you have a total of 40 days in which to comply from the delivered date of this request.


Yours faithfully,

fermi

RAS wrote: »

Contact the court that issued the SD.

Courts do not issue SDs.

The correct court to get an SD set aside is usually the one that you have lived within the insolvency district of for the greater part of the last 6 months.

In most cases that is your local County Court.

The court that a creditor can put on an SD is only a guess by them as to which court this might be. You can go to the correct court for you, no matter what it says on the SD.

fermi

Double checked, and that is correct.

From the SD:

Rule 6.4(2) of the Insolvency Rules 1986 states that the appropriate court is the court to which you would have to present your own bankruptcy petition in accordance with Rule 6.40(1) and 6.40(2).

Insolvency Rules 1986.

6.40.— Court in which petition to be filed

(1) In the following cases, the petition shall be presented to the High Court—

(a) if the debtor has resided or carried on business in the London insolvency district for the greater part of the 6 months immediately preceding the presentation of the petition, or for a longer period in those 6 months than in any other insolvency district, or
(b) if the debtor is not resident in England and Wales.

(2) In any other case, the petition shall (subject to paragraph (3) below), be presented to the debtor's own county court, which is—

(a) the county court for the insolvency district in which he has resided or carried on business for the longest period in those 6 months, or
(b) if he has for the greater part of those 6 months carried on business in one insolvency district and resided in another, the county court for that in which he has carried on business, or
(c) if he has during those 6 months carried on business in more than one insolvency district, the county court for that in which is, or has been for the longest period in those 6 months, his principal place of business.

fairymist

Ok, i have sent the letters to the bank and to Crapquest stating that i need all relevant info and included all my fee's.

After speaking to the NDH i am leaving the court bit for a few days to see what happens as nothing has been filed as yet, its just a threat at the moment. If i do need to do this, i shall go to my local court as advised as this is an error on crapquest's part. They are being a bit stupid filing for bankruptcy as it isn't proven its mine and also it would not be beneficial to them as i am in rented accommodation and i have no assets, it will cost them to file, and they will get nothing back in return, so it is a bit of a silly solution for them to go down!! The fact that it's fraud is another matter and will be thrown out anyway.

The fact that this is fraud and filed as such should stop them doing anything further for the time being, i have got a crime reference number from the police, (quoted on all correspondence) and need to take all documentation to the police as soon as it arrives (my local bobby was a great help)
Thanks for all your help, and i'll keep you posted, next step credit file

RAS

I am really glad that your situation is better now than first thing this morning.

They would be nuts to pursue you for a fraudulent account. In the short-term, it might be worth sending a note to the credit reference agencies advising them of that this account has been disputed and that you have a crime reference number.

kel123_2

fairymist

You do sound more relaxed about it

Please keep us informed of the outcome, we may be able to offer places to write to but that is further down the line

Good luck
kel