| T O P I C R E V I E W |
| Macaca |
Posted - 24 October 2008 : 10:58:06
Hi I need some advice
I've been hustled but CapQuest for a 4 year old unsecured loan they bought of NatWest.
The send me the standard letter with the statutory demand for bankruptcy.
The letter was dated the 8th of October and arrived on the 14th.
Now I am not disputing the loan I have not paid for 4 years. And I am willing to pay in monthly instalments.
First they said the only way of stopping it is to pay the 13000 of. I said that I have no funds or assets to do that and then they offered me the instalments of a 3500 down payment and monthly instalments of 200. I have paid already 200 for them. I am fine with that but it is the way that they hustling me to transfer that 3500 without having received written terms and details. Which I am certainly will not do.
Now they are offering me to send an email as the dead line is only 4 days away.
Still sounds quite dodgy to me. They know I am willing to resolve the matter, I am even paid already 200. Now they also know if the go ahead with the bankruptcy petition they will have to fork out 2000 to the court. Also I cannot see that if I presented that to a judge he will make me bankrupt coz I wanted to wait till I have the written details and not just an email.
So giving the reputation of that company I guess the actual written letter will not arrive in time.
So what do I do? |
| 8 L A T E S T R E P L I E S (Newest First) |
| John |
Posted - 14 November 2008 : 14:38:48
Hi
I should say that the legalities, or otherwise, of the documentation you have received are not really something the helpline can expertly advise on as these are not strictly speaking bankruptcy issues.
I agree that the best option would be to speak with a solicitor who is well versed in this area.
I'm afraid I don't have any such contacts that I could recommend.
Any forum members know of anyone in the London area that could help?
www.Bankruptcyhelp.org.uk
0800 078 9367 |
| Needafriend |
Posted - 14 November 2008 : 14:27:14
Hi Macaca
I would give the helpline a call and leave your name and number, someone there should then be able to go over this with you.
That number is 0800 078 9367.
I do hope that you get it sorted. I did my own DMP like your doing and had the same letters, i also ended up with them backing out on me 9 months in, thats why i went BR as i had no legal protection from the court by doing it myself.
I do strongly recommend that you give the helpline a call, you cant do it all on your own.
Jo
x
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Jo's Links and added info on Bankruptcy!
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
|
| Macaca |
Posted - 14 November 2008 : 14:05:04
Had some movement from Capquest
First after I send the letter and it arrived the phone calls stopped.
I received 3 letters following my letter:
1st For all letters:
None is with a real signature. Only badly copied in signature pictures.
Only the letter with the NatWest copy states a printed name under the signature.
2nd The 1st letter
From Their "Collections Administration Department"
Only stating that the account is on hold for 28 days and acknowledging the receipt of my letter.
No real signature and no name stated.
3rd The 2nd letter with an 'NatWest' copy attached
From Their "Collections Administration Department"
The only letter stating a name (Martin Best) but still no real signature.
The NatWest copy does not look like a copy it looks like something I could do better. It definitely looks not like a normal NatWest letter with letter head, only a simple letter with NatWest logo cheaply paste and copied in one corner.
No printed name on the copy and no real signature.
Now the details are real as in the Acc. Number and Branch details.
Another thing it states that the account was assigned on the 31st of May 2007 but on the Statutory Demand from their very first letter it states
date of Assignment 30 Oct 07.
4th The 3rd letter with the supposed arrangement to repay.
Again no real signature and no name stated just "Collection Administration".
Firstly it does not say for how long well we have to calculate how long 13100.72 by monthly rates of 200.
They deducted the 200 I already paid and took the 22nd as pay-day.
No real terms and conditions!
No mention of any "down-payment" they wanted over 3500 or 4000!
Now the disturbing bid:
Any default will render the arrangement invalid and the full balance will be pursued. Of course there should not be any default but some unforeseen circumstances could happen or what about if the bank screws up.
Now the most disturbing bid:
It states:
"This arrangement will be subject to review at our discretion and may be terminated at any time by us without notice." So basically they can change their mind at any time and without notice ether demand the full balance or do a petition for bankruptcy! WTF???
Now I really could do with some professional help. I have all those letters in pdf-format so I can email them. I don't know how much the Citizen Advise Bureau can help. I think it would be good if someone takes a look at those letters.
If anybody knows a place to go in and around London or a Solicitor who has experience with Capquest or similar I would really appreciate for some help.
|
| Jo. |
Posted - 24 October 2008 : 15:29:00
Hi Macaca
That sounds like it should do the trick. Like you have said you are willing to pay but what they have asked for is unreasonable.
Let us know how you get on and if you need to speak to someone do give us a call.
Best of luck
Jo Nye
x
Forum Adviser on behalf of:
www.bankruptcyhelp.org.uk
Tel: 0800 078 9367
You can read my blog for other information here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
| Macaca |
Posted - 24 October 2008 : 15:22:29
I send them the letter below via recorded delivery and L1 postal order today.
I will also go on Monday to my local court and will ask for the Statutory demand to be set aside.
Michael Daniels,
Capquest Group Ltd.,
Fleet 27
Rye Close
Fleet
Hampshire
GU51 2QQ
Dear Sirs,
Yr. Ref.
Further to your letter and the Statutory Demand for bankruptcy received on the 17th of October 2008 and to the telephone conversations on the 21st, 22nd, 23rd and 24th of October 2008.
I am willing to resolve the matter and pay in monthly instalments but in order to do so you are required to supply the following:
1. You must supply me with a copy of the agreement you refer to. This is my right under your obligation to supply a copy of the agreement which is s.78 (1) CCA 1974 (s.77 (1) for fixed sum credit) - your obligation extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.
2. You are also obliged to supply a copy of the deed of assignment of the above referenced agreement.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.
4. You are also obliged to supply the terms and conditions for the payment plan offered by you.
I am stressing that I am willing to make payments and to resolve the matter as soon as I have received the above listed documents in writing.
Failure to comply with my request will result in a report being submitted to the relevant statutory authority.
I await your response in writing.
Yours faithfully,
|
| Jo. |
Posted - 24 October 2008 : 11:54:19
Hi i would say then, that maybe you could give us a call later, when you finish.
Sorry to confuse you i am the same person. Is there any chance that you can call us later, we can answer and call you back any time of the day.
Best of luck
Jo Nye
x
Forum Adviser on behalf of:
www.bankruptcyhelp.org.uk
Tel: 0800 078 9367 |
| Macaca |
Posted - 24 October 2008 : 11:19:55
Hi unfortunately I cannot call at the moment coz I am at work and yes its the only debt and I do not own a property or anything with a value more than 1000. |
| Needafriend |
Posted - 24 October 2008 : 11:03:18
Firstly Welcome!
Secondly i would def call us and speak to one of our advisers about this.
They will go through you options and even though we can post on here its not so one to one as i think is needed with regards to your current dilema.
Give us a call on 0800 078 9367 and leave a name and a contact number, someone will get back to you.
One more thing is this the only debt you have, have you been paying any other debts on time and also do you have a property with equity maybe?
Jo
x
Please visit my blog for info on how I got here and other information to guide you through from my experience called:
"Needafriends Links and added info on Bankruptcy!" available to view at:
http://debtfreejo.blogs.bankruptcyhelp.org.uk |
