CapQuest Statutory Demand

[Welshdebtor]

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?

[Welshdebtor]

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.

[Never-In-Doubt]

Re: CapQuest Statutory Demand

Check Pauls blog. See the entry about sd's

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

:niddy

[Never-In-Doubt]

Re: CapQuest Statutory Demand

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......

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.

[Never-In-Doubt]

Re: CapQuest Statutory Demand

yes you do! Try again.....

[Welshdebtor]

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 have no new PM's.

[Welshdebtor]

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?

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.

[SXGuy]

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?

[Never-In-Doubt]

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

[Welshdebtor]

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

Sorry I forgot that bit.

The debt is for £1802.58

[Welshdebtor]

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.

[MrsD]

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

[Welshdebtor]

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?