capquest stat demand help please

[vauxman]

Hi all.

With so many people getting theses Stat Demands from Capquest here are some questions that the more learned people on here could answer please to help me and others

1. I don't own my house the debt is over 6 years old i have made no contact or payed anything to them or previous DCA that had this debt before capquest should i bother getting it set aside by a court?


2. If i do get it set aside does the court contact capquest and does this mean i have admitted the debt and the 6 years statute barred start again?


3.If i set aside will i have to go to court to face capquest at some sort of hearing and what would this entail?


4. My debt is £2000 what is the chances of them actually seeing this through ?


5. If i don't get it set aside and they do go all the way how far down the line can i use the statute barred
defence or would i have no chance because i did not set it aside?

6. How do we all feel that this is one big scare tactic again and they wont bother cause it will cost them loads.

7. if i fill out the set aside forms the bit at the end(
Affidavit in Support of Application to Set Aside
Statutory Demand) do i just put this? (1) “Do not admit the debt
because…” ( its statute barred) is this enough to say here?

Many thanks.

Rog

[maroondevo52]

Hi, Rog.

I'll move this thread to the appropriate Forum.

Regards.

Scott.

[palomino]

You don't actually say so explicitly but can we assume you have actually received a statutory demand?


If the debt is over six years old, and you have neither made a payment towards it or made any other acknowledgment since the six-year period started, then the debt is definitely statute-barred. Once a debt is statute-barred then that cannot change. It sounds like Capquest have acquired the debt but whoever they bought it from has not bothered to mention the date of the debt - perhaps Capquest simply haven't bothered to check.


Being statute-barred is in itself a perfectly good grounds for applying for a set aside.

You will have to take the application for set aside to the court because you have to swear an affidavit under oath.
You should also attend the hearing itself as you may be required to give evidence relating to the debt (make sure you take every piece of paper with you). Attending the hearing isn't an admission of anything so, no, the debt doesn't become 'un'statute-barred.

The SD doesn't cost the applicant (Capquest) very much in relative terms (it's cheaper than going for a CCJ). If the SD is granted then they can petition for your bankruptcy - and this does cost them a lot more.

[42man]

Great advice from Palomino

I would send Capquest this letter here 'M' send it by recorded delivery and do not hand sign it... - LETTER 'M' - Creditors and DCAs - Letter Templates & Budget Planner

With regard to the statutory demand, if it was me in your shoes, I would take it to your local court, and ask them if it is genuine....I know of one cagger here who took his to his local court and they recommended taking it to the magistrates court as it is a clear abuse of process....

CCA 1st Credit / Connaught - (POST #3

Let me know what the court says, if it is genuine then it needs to be set aside.....

Take a read of this thread too...

Getting Statutory Demand Set Aside**WON IN COURT**

[MARTIN3030]

Capquest-dont Let Them Get Away With It.