CapQuest Statutory Demand

[Deepie]

Re: CapQuest Statutory Demand

What to do if you receive a statutory demand

If you receive a statutory demand you have:

• 21 days (or 28 if you live abroad) to ‘satisfy’ the demand
• 18 days (or 22 if you live abroad) to ‘set aside’ the demand - challenge it in court to get it cancelled

A demand is satisfied if the debt is ‘settled’ (paid in full) or ‘secured’ (an agreement is reached to pay it, for example, in instalments). To set aside a demand - see the section ‘How to challenge a statutory demand’.
You shouldn’t ignore a statutory demand. If it isn’t satisfied or challenged, the creditor (person owed money) can apply to the court to issue a bankruptcy or winding-up order against you. Bankruptcy orders are for individuals and sole traders and ‘winding-up’ orders are the equivalent for a company.
If you own a business that has received a statutory demand you can get more information on what to do from the Businesslink website.
Get professional advice

[Welshdebtor]

Re: CapQuest Statutory Demand

What to do if you receive a statutory demand

If you receive a statutory demand you have:

• 21 days (or 28 if you live abroad) to ‘satisfy’ the demand
• 18 days (or 22 if you live abroad) to ‘set aside’ the demand - challenge it in court to get it cancelled

A demand is satisfied if the debt is ‘settled’ (paid in full) or ‘secured’ (an agreement is reached to pay it, for example, in instalments). To set aside a demand - see the section ‘How to challenge a statutory demand’.
You shouldn’t ignore a statutory demand. If it isn’t satisfied or challenged, the creditor (person owed money) can apply to the court to issue a bankruptcy or winding-up order against you. Bankruptcy orders are for individuals and sole traders and ‘winding-up’ orders are the equivalent for a company.
If you own a business that has received a statutory demand you can get more information on what to do from the Businesslink website.
Get professional advice

Well said.

[Never-In-Doubt]

Re: CapQuest Statutory Demand

ETA: This can now be ignored. I now have my answer etc from speaking with the legal representative suggested via PM.

So are you utilising the services of said firm or risking it alone? Be warned, you could be stung for a lot here if things go wrong so I would be very very cautious and most definitely not go it alone unless you have absolutely no recourse to do anything else.

Not an easy one to get sorted, well it becomes a whole lot easier when you have someone like Paul on board, but going it alone is a different matter altogether.

Keep us posted and good luck. The advice provided on LB/MSE etc 'should' be telling you the same in all honesty.

[Welshdebtor]

Re: CapQuest Statutory Demand

So are you utilising the services of said firm or risking it alone? Be warned, you could be stung for a lot here if things go wrong so I would be very very cautious and most definitely not go it alone unless you have absolutely no recourse to do anything else.

Not an easy one to get sorted, well it becomes a whole lot easier when you have someone like Paul on board, but going it alone is a different matter altogether.

Keep us posted and good luck. The advice provided on LB/MSE etc 'should' be telling you the same in all honesty.

Paul is giving me points etc to consider, and took the time to read through the first draft of my 6.5. Plus I am looking into using him formally.

I have posted this on MSE, and did not get hardly any replies, in fact it was a PM via there that led me here.

Rang CapQuest this morning, for the final attempt at contacting the person named in Part B. The poor person let a few things slip, so going to look into them today.

[Never-In-Doubt]

Re: CapQuest Statutory Demand

Paul is giving me points etc to consider, and took the time to read through the first draft of my 6.5. Plus I am looking into using him formally.

I have posted this on MSE, and did not get hardly any replies, in fact it was a PM via there that led me here.

Rang CapQuest this morning, for the final attempt at contacting the person named in Part B. The poor person let a few things slip, so going to look into them today.

Good luck

[Welshdebtor]

Re: CapQuest Statutory Demand

Thanks.

[Welshdebtor]

Re: CapQuest Statutory Demand

Just had a development:

Mr Davies has just rung me. He does exist.

Not sure how he got my number. Guessing I failed to with hold it during one attempt at trying to get hold of him.

Will not divulge too much here until I have witnessed proof of his promises etc.

However until I have reason to do otherwise I shall continue working on my 6.4 and 6.5 towards a "set aside".

[Welshdebtor]

Re: CapQuest Statutory Demand

This post has been removed due to hearing back from paul

[PlanB]

Re: CapQuest Statutory Demand

This post has been removed due to hearing back from paul

Wise move. I've only just realized this thread is not in the Secure Section so you never know who might be reading it . . . .

[Never-In-Doubt]

Re: CapQuest Statutory Demand

This post has been removed due to hearing back from paul

what did Paul say then...?

[Welshdebtor]

Re: CapQuest Statutory Demand

what did Paul say then...?

That once I have his written word I should continue to ensure I cover myself. That way I am not leaving myself open to action being started in 2 weeks or so.

[Welshdebtor]

Re: CapQuest Statutory Demand

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.

Amendment and update to the above.

I do not think I have mentioned it on here, but have with Paul. During a few weeks in 2010 I had letters from Apex Credit Management regarding this debt. This led on to them phoning my line manager at work and discussing my debt with him.

I had totally forgotten that that incident was connected to this debt. hence the above stating no contact between 2008 and 2012.

I also made a CCA request with them, going by a letter I found a few days ago. They write "regarding your letter querying our lack of response to your request for a copy of your agreement. We confirm we have not had a request from yourself. The only letter we have had is a complaint regarding phonecalls."

Now I know I would not of chased up my request if I had not submitted anything. But I had no proof that I had made one, due to house moves and changes of laptops. Plus of course I had totally forgotten Apex's connection to this debt until a few days ago.

However today, while looking for something totally unrelated I have found letters from Apex responding to my CCA request. So I now have my proof that my request was made in 2010 (though not of my first one in 2008).

And the letters clearly state they will not be supplying me with a copy "as we are not the original creditor". Though not in those exact words

On the topic of letters, I wonder if I will get Mr Davies's promised letter today.

[Welshdebtor]

Re: CapQuest Statutory Demand

No promised letter as of yet. If no sign of it soon I will have to continue down the Set Aside route.

[Welshdebtor]

Re: CapQuest Statutory Demand

No promised letter = swearing in the 6.5 this afternoon.

[PlanB]

Re: CapQuest Statutory Demand

Good, because Mr Davies has had his chance to do the right thing

He's going to regret this once Paul's got his teeth into him