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  • CapQuest Statutory Demand

    I was recommended this forum for my current problem.

    Back in 2006 I made a purchase via interest free credit (can not remember who the original creditor was, but the purchase was from Jessops). A few years later the creditor changed to Barclays Partner Finance, as a result of a rename or merger I believe.

    I made a few payments as required up to about 2008, when I lost my job and was forced to take a low paid seasonal job.

    During this time BPF were informed by myself of my situation and I would update them in 6 months if my circumstances had changed.

    During this period I requested a copy of my CCA, but got no response by following the standard procedure.

    Fast forward to Jan 2012. I started getting letters about this debt from CapQuest (had no contact or reply etc since my CCA Request in 2008 regarding this debt), who informed me they wanted paying asap.

    Now as I had had no notification that Barclays Partner Finance had passed the debt on to C*apQuest, I wrote to BPF to gain confirmation.

    Yet again they failed to reply. So I notified CQ that I had not been notified of the change as per OFT Guidelines. And I would like written confirmation that they had taken over collection from themselves, seeing as BPF were not complying.

    They failed to deliver despite my 2 requests.

    Yesterday morning I have received a Statutory Demand from CQ.

    Looking via Google it has the standard absence of dates in the SD Form, and has the POC as Barry Davies.

    Following advice from searches that the POC is meant to be contactable, I rang yesterday to speak to this Mr Davies (not expecting to have success).

    And was told "This person is not available to speak on the phone as he does not have a line, he only deals with letters".

    I then stated the request given in the letter that if I have any dispute I should contact the person in Part B (Mr Davies) immediately.

    The person on the other end then started to try and get me to "come up with an arrangement for my debt", this was my cue, so I said thank you and hung up.

    I rang to speak to this Mr Davies again this morning. Today I was told "He is unavailable by phone"

    Is it correct that I should try getting hold of Mr Davies at least 3 times for it to become a valid complaint?

    Also, what should I do next? I plan on making a CCA Request to CQ.

    But should I have the SD set aside, and how do I go about doing this?
    Last edited by Welshdebtor; 5 May 2012, 10:16.

  • #2
    Re: CapQuest Statutory Demand

    Welcome to AAD How much are we talking about here?

    I've PMed our legal bod Paul, someone will be along

    Comment


    • #3
      Re: CapQuest Statutory Demand

      Also, the SD came by post. No attempts have been made to hand it over.

      Going by google searches CrapQuest have hostory of not handing it over, instead going for the postal avenue.

      Comment


      • #4
        Re: CapQuest Statutory Demand

        Originally posted by evenlessdopey View Post
        Welcome to AAD How much are we talking about here?

        I've PMed our legal bod Paul, someone will be along
        Sorry I forgot that bit.

        The debt is for £1802.58

        Comment


        • #5
          Re: CapQuest Statutory Demand

          Hi

          Check your PM's. Speak to our legal guy Paul.

          He loves beating these little wankers

          You should be fine
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment


          • #6
            Re: CapQuest Statutory Demand

            account has been in default since your first CCA request back in 2008.

            Did you send the request by letter and enclosed £1 postal order, or was it a verbal request?
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Re: CapQuest Statutory Demand

              Originally posted by SXGuy View Post
              account has been in default since your first CCA request back in 2008.

              Did you send the request by letter and enclosed £1 postal order, or was it a verbal request?
              Was written and enclosed a £1 postal order.

              However for the life of me I can not find evidence of this. I have changed laptop since, and moved 7 times since making the CCA request.

              As I said, my request was ignored nor had I heard anything regarding this debt between the CCA request to BPF in 2008 and CQ contacting me in 2012.

              Comment


              • #8
                Re: CapQuest Statutory Demand

                Originally posted by Never-In-Doubt View Post
                Hi

                Check your PM's. Speak to our legal guy Paul.

                He loves beating these little wankers

                You should be fine
                I have no new PM's.

                Comment


                • #9
                  Re: CapQuest Statutory Demand

                  yes you do! Try again.....
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: CapQuest Statutory Demand

                    Originally posted by SXGuy View Post
                    account has been in default since your first CCA request back in 2008.
                    If of course the OP has proof of this then it helps but failure of s.78 doesn't stop action being taken, it stops enforcement of the agreement only......

                    Originally posted by Welshdebtor View Post
                    Was written and enclosed a £1 postal order.

                    However for the life of me I can not find evidence of this.
                    Ooops

                    See what Paul has to say.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: CapQuest Statutory Demand

                      Check Pauls blog. See the entry about sd's

                      ---> paulatwatsonssolicitors | Just another WordPress.com site

                      :niddy
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #12
                        Re: CapQuest Statutory Demand

                        Does anyone here know how I go about applying for the debt to be set aside?

                        I know I have to complete a 6.4 and a 6.5. But what is the "sworn at" bit about on the Affidavit?

                        I was hoping to just fill in the forms and post them to the court as it is at least 90 minutes away by car. Then add to that I can not drive.

                        ETA: This can now be ignored. I now have my answer etc from speaking with the legal representative suggested via PM.
                        Last edited by Welshdebtor; 7 May 2012, 14:55.

                        Comment


                        • #13
                          Re: CapQuest Statutory Demand

                          It has no bearing on my decision (I am applying to have it set aside regardless of the upcoming answer). But has anyone here ever just ignored the SD from CapQuest?

                          Or has anyone ever actually spoken to this mystical Barry Davies?

                          Comment


                          • #14
                            Re: CapQuest Statutory Demand

                            Originally posted by Welshdebtor View Post
                            It has no bearing on my decision (I am applying to have it set aside regardless of the upcoming answer). But has anyone here ever just ignored the SD from CapQuest?

                            Or has anyone ever actually spoken to this mystical Barry Davies?
                            I personally would not...........
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • #15
                              Re: CapQuest Statutory Demand

                              Originally posted by in 2 deep View Post
                              I personally would not...........
                              Same, I was just wondering.

                              Comment

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