Capquest debt hell!!

[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!!

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

[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

[MRDOLLAR]

Re: Capquest debt hell!!

Pixie thank you so much fingers crossed !

[Pixie]

Re: Capquest debt hell!!

Hi MRDOLLAR. I gave you the link for the cca request in post #2... just click where it says "CCA Request" in blue. There's also the link to the telephone harassment template in post #2.

[vint1954]

Re: Capquest debt hell!!

Here you go

http://www.all-about-debt.co.uk/old/...2-cca-requests

[MRDOLLAR]

Re: Capquest debt hell!!

Thanks all ,
Right where can I get a template letter for cca request this will be the third time I have done this!
Fingers crossed!
Also how can I contact niddy I am new to this forum.
Many thanks

[PlanB]

Re: Capquest debt hell!!

I currently have a barclaycard which I am in control of and pay monthly currently £2500 on and a credit limit of £7000. Should I ask for a settlement and pay on my barclaycard? I do not have the funds to pay any other way.

It's good to see you have a fall-back position if you can't resolve the CapQuest issue and you find your back against the wall. Let's hope you don't need to do that though

Check out the Halifax CCA situation first with Niddy and then make your decision

[IF]

Re: Capquest debt hell!!

MR DOLLAR I've removed your personal finance details, to safeguard your identity.

IF

[PlanB]

Re: Capquest debt hell!!

Nothing happened with the stat demand think that was a threat.

A statutory demand is not a threat it's for real.

[PlanB]

Re: Capquest debt hell!!

Halifax sold the debt to Capquest Debt Recovery. . . . . 21 JULY 2009 received Stat Demand. . . You have 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. . . . 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

. . . 17 SEPTEMBER 2013 assumed i had a statue barred case and wrote to Capquest and past due credit solutions stating that was Stat barred after 6 years. 20 SEPTEMBER 2013 Recived short letter from Capquest stating NOT STAT BARRED.

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?

This debt won't be statute barred if you made a payment or acknowledged the debt in the last six years. Entering into an arrangement to pay in 2009 may be considered as an acknowledgement even if you never made any payment.

[MrsD]

Re: Capquest debt hell!!

let's get another CCA and then upload to Niddy

[MRDOLLAR]

Re: Capquest debt hell!!

Thanks you again for advice.
This is what they sent http://i941.photobucket.com/albums/a...R/MrDollar.jpg
They sent with this photocopy separate terms and conditions which I had never seen or signed.
So you think request another CCA.
I will get on the case ASAP!
How would I get in touch with niddy ?
Any advice for me if the CCA is same as previous year?

[Pixie]

Re: Capquest debt hell!!

Why would you ask for a settlement, especially when it's only18 months or so from being SB?

Sorry Dibs but I think MRDOLLAR should send a new cca request to Capquest - see what Niddy has had to say recently about CapQuest (from The Scarednshakins' UE diary)

yea please resend as CQ are claim happy so we need to keep an eye on them. See my last post regards the Amex one. Send a new s.78 ASAP direct to CQ.

If other AADers get an assignment from CQ ask them to send a new s.78 / s.77 direct to CQ as soon as poss. They will issue a claim, they're proper bad

I also received a CCA from them 3 years ago but I've recently sent a new cca request. They're a different kettle of fish now to a few years ago.

Their "Fresh Approach" and management changes forced their hand. They're scum like Lowell now.

See this -> http://www.capquest.co.uk

bragging about a new approach grrrrrr

[daisy]

Re: Capquest debt hell!!

I would suggest sending a copy of the application form to Niddy, so that he can advise you with regards to UE.
Then you can send Capquest a suitable reply, but I wouldn't pay them another penny, certainly don't offer a repayment or do anything that resets the statute barred clock on this.
Capquest are the reason for me finding help with my debts, they are extremely unpleasant and I can only assume that their staff are on a low wage, so reliant on getting a bonus.
they also sent me a stat demand, which I successfully defended in court, they didn't even send a solicitor, the debts are now sb'd, so their harassment came to nothing :-)