Thread: Capquest Statutory demand help Urgent **WON + COSTS**

You've got the right idea. These low lifes will never learn till CAG is a household name.

I was reading through the forums for any tips and came across a success story in the DCA sub forum success section which has a lot of similarities to mine.On there the person sent a cca request to Capquest i have not done this as i was advised not to as i didnt need to as my defence was it was statuet barred do any of you think that i should do this and put this on the forms when i enter them in to the court to have it set aside or will it not be taken in to account as i would have only just sent it in to them.

Thanks for the reply didnt know you had as i was typeing lol. I hope i have getting very stressed and tired and to be honest dont have a clue what else to put in there bit worried as i dont have long till it has to go in and the issue of costs didnt even think about that or where to start with that lol.

statute barred is a complete defence, don't stress over it.

Thanks for the replies guys.Yea i have had a look at that thread its mindnumbing all the threads and sites i have been looking at lately just to get an idea at what to put in to this defence to make sure its ok.But have to ask this what i have done so far would i need more or can i go with what i have now.My minds gone blank and just so tired as im working mornings.

Thanks will do that how do i work out the costs as a realistice figure i have taken a day off work wll half day phoneing around for help like the cls and my union legal help line also a lot of surfing and posting on forums and looking on the web about 3 hour to four hours a dy looking ofr in fo and replying and looking at threadsSo how do i put this as costs.

Thanks will do that how do i work out the costs as a realistice figure i have taken a day off work wll half day phoneing around for help like the cls and my union legal help line also a lot of surfing and posting on forums and looking on the web about 3 hour to four hours a dy looking ofr in fo and replying and looking at threadsSo how do i put this as costs. also at this stage should i take letters i have sent them which is only the statute barred one and the last letter they sent me after it as part of this defence or would that be needed later.Sorry to be a pain but this mater is driving me mad lol and the wife is fed up of hearing about it as well.

The Litigant in person rate is £ 9.25 plus mileage

Originally Posted by 42man

Just write in the defence....

The debt is barred by the statute of limitations act 1980.

And also enclose a piece of paper with your costs on it....

Better to say that this alleged debt is barred by Statute under S5 of the Limitation Act 1980.

Also when does the 18 days start from as it came a few days from when they have it on the SD. If its a case of the date on the sd then i have only tomorrow to get it in as the 18 days are up on the bank holiday or will the tuesday be ok to submit it.

The 18 days comes into force fro the day you received it. If the sent it by second class post they will have no proof of when you received it and its your word against theirs.

Once your application to set aside the statutory demand (SD) has been received by the court, a Judge will look at it to decide if there is any merit in it. Believe me, yours has.

After deciding it has merit, the court will then list the application for a hearing and issue a notice to be delivered to the creditor to come to court on such and such a day when the application will be heard. You will note that at this stage the court has not decided to set the SD aside. It has only decided to allow you to progress with your application. It will not grant your application without giving the creditor an opportunity to state its case. The creditor's opportunity is at the hearing.

The reality will be almost certainly, that the creditor either [1] writes to the court saying it does not challenge the application or [2] doesn't attend the hearing.

Either way, attend the hearing of your application yourself in any case, to make sure the order setting aside the SD goes through. It is on the making of the setting aside order that you then have your opportunity to ask for costs.

What to do about Costs
Your right to costs is contained in The Litigants (Costs and Expenses) Act 1975. The Act gives the court power to award you money for the time you spend in dealing with the case at the rate of £9.25 per hour.

The costs in your case will be assessed by the court by a process known as summary assessment. Summary assessment involves the court in deciding what should be allowed there and then, without adjourning that question for a decision later. So to enable the court to make an assessment there and then you need to provide the court with information on paper.

A few days before the hearing work out how much time you have spent in research, case preparation, drafting documents and so on. Write that up on a MS Excel spreadsheet or similar with each column looking something like this:

(1)Date (2)Work Done (3)Time Spent (4)Rate (£9.25) (5)Amount

At the end include the time you haven't yet spent (even though the hearing hasn't yet taken place), add

[1] say 30 minutes for the hearing (it won't last that long)
[2] however long it will take you to travel to the court and back,
[3] another 30 minutes for hanging around waiting and
[4] any travel expenses / car park fees.

Finally,

[5] add say another hour for working out your costs calculation.

If my time estimates are light, add even more time.

Then, send the calculation off to the creditor in the post or fax. The calculation should reach the creditor not less than 24 hours before the hearing. By doing this, the creditor can not complain that it had no idea you were asking for costs and how much.

Take a copy of your calculation with you to court and present it to the judge once he has dismissed the SD and ask to be allowed the amount of costs in your calculation. Also take along a copy of your lettr sending your calculation to the creditor. Ask him to make an order that the costs are to be paid to you within 14 days.

The judge should make an order allowing you a sum for whatever costs he determines is reasonable and direct the creditor to pay that to you in 14 days.

If the sum ordered to be paid is not paid ... well you know the rest!

x20

An excellent answer put much more eloquently than me.

Golly, thanks ODC!

That is a great help and have a very good idea now prob with me is i like to get views and ideas from all angles before i have my way of thinking straight in my head.I have joted down a few things on the pc and will over the weekend put a good case together.Once again thanks all for the help.You have been stars lol as the old saying goes.

Hi again after trawling through i have a draft of what my defence is when i go to court next week i am a bit worried as against others it doesnt seem a lot of wording for a defence but have a look

For (c)
2. that I (c) Do not admit the debt because the existence of the alleged debt is in dispute:
The respondent alleges that I am indebted to it to the sum of £xxxx, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974. It is further alleged that the debt was assigned to the respondent from XXXX. The applicant will say that the statutory demand should be set-aside upon the following grounds;


a) I do not acknowledge any debt to the applicant on the grounds that the alleged debt is statuette barred under the limitation act 1980 s.5.


b)Attention is drawn hereto as “a” ", in which the grounds upon which the alleged debt is disputed were set out clearly, coherently and in full.


c) The respondent has choosen to serve a statutory demand by post received on xx xxxxx xxxx whereas the staturory demand is dated x xxxxxx xxxx. Accordingly, the applicant respectfully requests that the statutory demand be struck out or set aside further, the applicant invites the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

I make this statement within the sworn belief that all facts stated are true.


I have pinched a few ideas and wording sorry but not been sure on what to put but only what is relavent to myself.Also should i take out the part about costs and add something about the interest that they have now added saying its been for the last 2 years not sure if there is a point of law for this if so can any one help with the right quote for this thanks.