Thread: SD received in the post day**WON WITH COSTS**

I have received a lovely SD from Capquest today. Wonderful, just when I was starting to feel better again - another panic attack, anyone?

It was dated 7th August and only received it today so those 18 days are now down to 13 days. Great.

However, I have disputed the debt with Capquest on several occasions due to the OC not providing me with a copy of the CCA when requested. They have now sent me an application form, statements and copies of the T&C's from 2003 - however, I took out the card a couple of years earlier than this. Apparently, they have been charging me interest since they took over the debt (I've seen no notice of assignment) ad this is the first time I ahve seen this info.

Basically, do I have any grounds for asking for the SD to be set aside? I'm still not doing too well at the moment and my head feels a bit cloudy so I'm not exactly on the ball with what I should do next.

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Have a read on this http://www.consumeractiongroup.co.uk...d-why-sds.html

You will need forms 6.4 & 6.5 from here England and Wales Forms

As the account has been disputed I see no reason for you not to get it set aside

Here is the application form they sent - can you tell me if it's enforceable as a CCA as I don't want to get caught out: http://i509.photobucket.com/albums/s...cationscan.jpg

Looks unenforceable to me, but I'm no expert...

I would say also unenforceable.

I would try and get is set aside on the basis you dispute the debt and capquest have failed to produce any valid cca and full statment of account.

Ida x

I thought not - tahnks guys.

Any idea how to word it on the form? i'm going to pop to the court tomorrow and sort it out. Will it cost me anything (apart from the bus fare!) to do this? If so, can I reclaim the costs from Capquest?

I'm c*** at wording SD set asides but I do know you can claim all your costs such as litigant in person, research, stationary, travel etc...

Give pt a PM and see if he can help.

I agree with the others - not enforceable (although, with the T&Cs, it complies with s78)

I don't think pt is around ATM.

Originally Posted by tiglet

It was dated 7th August and only received it today so those 18 days are now down to 13 days. Great.

The time limit starts on the day the statutory demand is served... which is the day you recieve it. i take it this was a first class post SD? In which case they probably aren't too serious anyway.

Originally Posted by ODC

Its not enforcable as it has none of the prescribed terms on it. These must as far as I am aware be contained within the four corners of the agreement and not as seperate T&Cs.

Failing to produce a valid CCA is reason enough tho have the SD set aside

Hmmm... youre the first to agree with me on that point, i wonder why?

Those of you who know what I precarious emotional state I've been in recently would have been very proud of me today.

I telephoned the court where Capquest said I had to fill in the forms (about 50 miles away) and was told I could do it at my local court. BONUS!

I got the kids ready and, in my state, managed to leave everything at home. Fortunately, I remembered before I got on the bus and so went home and retrieved everything - i managed to catch the next bus.

Bus journey was a nightmare as I had another full-blown panic attack, but this time with no where to hide and breathe into a paperbag. But I got through it - didn't get off the bus, didn't turn round and come home, I got through it. I am proud of myself for that when every instinct was telling me just to run away home.

Fortuantely, the court is about a mile outside the centre of Canterbury, so I had a long walk in which to somewhat calm myself. I was still shaking when I went in, but the court staff were absolutely lovely with me.

I filled in the form and I think i did an OK job of it. i basically stated that the original creditor had been in default of my CCA request since February 2007 and I had invoked the complaints procedure at Capquest and they were well aware of the breach too. I quoted the relevant sections of the CCA 1974 (all prepared before hand) and my parting shot was that in my opinion Capquest were persuing this route as they knew it would be unenforceable in the small claims court. Hit panic again as while I was swearing the affadavit, my two year old wee'ed all over one of the chairs. They were very nice about that too.

I was obviously agitated, but the lady at the counter was lovely and took my phone number and promised someone would look over my form and phone me if there was a problem. Job done, feeling weak as a kitten and with a slightly damp child, I headed home.

I know many of you have gone through horrendous court cases etc., and I'm not for one minute comparing this, but for me at this moment in time, this was a big achievement and I want to say a big thanks to this site because if I hadn't gained all of the knowledge I've gained over the last couple of years, and hadn't had the support I'd had over the last couple of years, i probably would ahve taken out a loan and paid them off just to have some peace. Thank you all.

Clarity, if you're reading as I am well aware you have been - the lettter's in the post!

Very well done tiglet. I can personally sympathise about the panic attacks and how bad they can be, rendering you in a a no-man's land of do I do it, or do I run away...

HUGE HUGS FROM ME!!! WELL DONE

Thanks guys - I do feel slightly guilty that the court has a chair smelling of wee though!

One funny point was when I was desperately trying to fill in the forms and very upset, a judge walked in. He had a brief word with someone at the counter about something and I think they told him I was distressed. he sat for about three minutes, in full gown and wig doing Donald Duck impressions for my children!

What a lovely guy.

That is the best story ever. My child loves going to the court buildings with me- security guards, big metal detectors and people in funny costumes (hopefully judges). Heaven for a toddler.

Tiglet, I really admire you- I hope if and when I have to deal with a SD, I manage to do it as well as you. I had hysterics for about three days trying to do my court bundle for bank charges.

Originally Posted by tiglet

Thanks guys - I do feel slightly guilty that the court has a chair smelling of wee though!

One funny point was when I was desperately trying to fill in the forms and very upset, a judge walked in. He had a brief word with someone at the counter about something and I think they told him I was distressed. he sat for about three minutes, in full gown and wig doing Donald Duck impressions for my children!

What a lovely guy.

I don't think those were impressions, they actually talk like that,

On a more serious note:
In case anyone wants to see what a SD from Caqpest looks like I've scanned one in. Hopefully it is identicle to the one Tiglet had.
I'm not thread hijacking as I don't need help per se, just letting the people know what they look like and if indeed anything is wrong with them.
Mine DID come by 1st class.

Letter

Page 1

Page 2

Page 3

EXACTLY like mine (apart from the particulars and date).

Don't think you are hijacking at all sweetie - have you applied for this to be set aside yet? Trust me, if I can do it, anyone can.

Very funny to think all judges sound like Donald Duck!