Capquest debt hell!!

[IF]

Re: Capquest debt hell!!

Also how can I contact niddy I am new to this forum.
Many thanks

Email Niddy (Never-In-Doubt) -- > webmaster@all-about-debt.co.uk

[Never-In-Doubt]

Re: Capquest debt hell!!

I think you need to establish the legal position with that statutory demand. I don't believe a SD has a sell-by date which means you could be still vulnerable to the creditor petitioning for bankruptcy unless it was formally set aside at the time. You say you were told that legal proceedings were "halted" but does that mean the creditor simply didn't progress to the BR petition stage or was the SD actually set aside?.

MrDollar - can you be so kind as to clarify the above please? What happened with the SD? If they got it, you're kinda Bankrupt

[MRDOLLAR]

Re: Capquest debt hell!!

Hi niddy,
Thanks for your kind response.
I simply just set many template letters I do not aknowledge debt and asked for cca etc.
Nothing ever came of this stat demand letter.
Never had one again or since.
The debt is not on my credit file now as 6 years + but not statue barred.

[Never-In-Doubt]

Re: Capquest debt hell!!

So you never had an actual SD claim form, just the threat by letter - is that about right?

When did you last pay into these debts, the defaults will be gone if they're that old but so long as you never paid they'll also be SB surely.... Unless you did pay in which of course it's not SB at all..

[PlanB]

Re: Capquest debt hell!!

21 JULY 2009 received Stat Demand

12 DECEMBER 2010 Letter recieved from Capquest - On the 20 July 09 a statutory demand for bankrupty was sent to you, you responded to by offering a proposal to repay this debt without the need of further action. Your Offer was accepted and the legal process halted.

Statutory demand was definitely sent by Capquest and received by the OP but the "legal process was halted"

24 MAY 2010 Letter from H L Legal . . . . . entered into an arrangement to repay this debt, which you have failed to honour, the last being on 09 Jan 09 for the amount of £95.00.

. . . . 07 NOVEMBER 2013 Letter recived from Capquest stating again not stat barred and as they have recieved payments. sent me a print out of their computer system screen with alledged payments
http://i941.photobucket.com/albums/a.../statement.jpg

. . . I have just received my Barclays bank statements which i have requested as Capquest have "claimed" this debt is not statue barred so i wanted to investigate Unfortunately it DOES show that i have made payments on
01/10/08 £250.00 (First Direct Debit)
09/01/09 £20.00 CCP i assume this Credit card payment via over Phone?
23/03/09 £62.00 CCP " "

. . . . I understand i have made a direct debit payment and x2 phone payments back in 2008/9

Does this look likely that i will have to pay now as not stat barred.

The OP admits he made payments in 2009 which are showing on his bank statements so debt not SB

[Never-In-Doubt]

Re: Capquest debt hell!!

The process can't be "halted" hence my question...... Was it stayed? Set-Aside? Tomlin Order?

**something** has to have been formally done! but I am asking, specifically what?

[Riz]

Re: Capquest debt hell!!

A SD has to be followed up by a petition in order to make you bankrupt. The Insolvency Rules 1986 also give a creditor a time limit of 4 months in which to preent a petition if I recall. After that, they require leave from the court and a good reason for the delay if the wish to go ahead and make you BR on the back of that SD.

[Never-In-Doubt]

Re: Capquest debt hell!!

A SD has to be followed up by a petition in order to make you bankrupt. The Insolvency Rules 1986 also give a creditor a time limit of 4 months in which to preent a petition if I recall. After that, they require leave from the court and a good reason for the delay if the wish to go ahead and make you BR on the back of that SD.

Thanks

[PlanB]

Re: Capquest debt hell!!

I think you need to establish the legal position with that statutory demand.

A SD has to be followed up by a petition in order to make you bankrupt. The Insolvency Rules 1986 also give a creditor a time limit of 4 months in which to preent a petition if I recall. After that, they require leave from the court and a good reason for the delay if the wish to go ahead and make you BR on the back of that SD.

Job done thanks to Riz

[Never-In-Doubt]

Re: Capquest debt hell!!

So nothing was formally agreed through the court meaning due to delay it could be fought (ATW territory) ergo is it necessary to pursue this?

Answers on a postreply please!!??

[Riz]

Re: Capquest debt hell!!

Well, the 4 months is not strong bar at all to issuing a petition. If the petition is based on a SD more than 4 months old then they have to submit an affidavit/SOT explaining the delay.

A delay of 3/4 years? Can't really imagine a judge tolerating that without a damn good reason. Not as if there has been a payment arrangement here in place since 2009 that held it off for example.

Then again, who knows with judges? Some allow creditors to get away with utter murder on procedure or things like this. The rule is there to set a "soft limit" with discretion, and some may stretch that more than others.

This was also 2009 where CapQuest were slinging out SDs like confetti, so doubt they ever intended to go through with it. Don't recall any (or many) examples of CQ actually petitioning for BR to this day? Even in recent times?

If possible, and you may risk the SB status, then suppose an out of time set aside might be possible in order to give CQ a spanking and send them a message? Not sure. Hopefully AW can comment.

[MRDOLLAR]

Re: Capquest debt hell!!

WOW thanks for your kind help and looking at my posts.
Am i still ok to send another CCA Request as i believe nothing will change.??? Im guessing we will go round in circles again....Capquest will say its a legal CCA.
I do not have the cash funds to pay a settlement but i am prepared to ask for a final settlement figure on my barclaycard £450 quid max (debt £2200)
yes you may think im silly but i really want rid now and i dont seem to be winning this fight!
hoping you can help and point me in right direction with advice and template letters.
This really would make my xmas if i could be rid of these nasties!
many thanks
MR D

[SXGuy]

Re: Capquest debt hell!!

on £2200 i would offer a lot less than £450!!

[MRDOLLAR]

Re: Capquest debt hell!!

what would be a figure to settle with ? whats the formula and what would you reccomend?
would you send CCA and Telephone harrasment letters?
all best to bite bullet and offer final settlement using my barclaycard to pay?
as mentioned seem to be going round in circles....

[MrsD]

Re: Capquest debt hell!!

I certainly wouldn't be putting any old debt on your Barclaycard

that would be madness and would ultimately solve nothing

I would send the CCA and wait and see what comes back for the moment