Received a Statutory Demand from Capquest ** WON + COSTS **

**Dibsthefrenchie** · 21st October 2008 18:03

Not a good week as I have now received a statutory Demand from Capquest by 1st class post.
This is for a debt to Capital 1 made up of charges, I intend making a court claim for the charges plus 8% interest icon

which will mean Capital 1 owe me £50!
Please can someone advise what I do now?
Many thanks.
Dibs

Similar Threads:

**djc** · 21st October 2008 18:09

not to clued up on this stuff but does the folowing help its from the insolvency website

Introduction to Statutory Demands
A statutory demand gives a person 21 days warning to pay the debt. After that the statutory demand has runs it course and it can followed by a bankruptcy petition.

In the minds of a creditor or a creditor’s solicitor a statutory demand is the legal equivalent of a 'warning shot from a gun'. This is because the average debtor is so scared by 'what may follow' that they usually pay up.

In fact statutory demands are so successful that in 99% of cases following the issue of a statutory demand a bankruptcy petition NEVER is issued.

Many creditors are so shrewd that use various internet websites to let the banks, credit reference agencies and other public interest icon

groups to publicise the statutory demand which can be disastrous for someone.

good luck on your claim

djc

**42man** · 21st October 2008 18:16

Hi Dibs....relax...I presume it came in the post (keep the envelope) 1st class no doubt...

Firstly you need to send the CCA request off to CQ....

Then you need to fill out forms 6.4 (set aside form) and 6.5 (affadavit).....ring your local county court icon

to check if they handle bankruptcies, if they don't they should be able to tell you the nearest court that does.

By the way CQ never turn up in court.....so you can make a claim for costs too...

You have got 18 days from the date you received the demand to submit 6.4 and 6.5 to the courts, once you have completed them you need to get the affadavit sworn in, this is free at local county courts, £5 at a solicitors, and £12 at central London courts.....

You can find the forms here - http://www.consumeractiongroup.co.uk...emand-set.html

You basically need to totally dispute the debt whether it be because of an abuse of the process (they haven't 'served' anything on you)...

Is there a name and number on the demand ? - highly likely they won't put you through - read this bit - statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.
This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid

You can dispute it due to non production of the agreement which must have the prescribed terms and be executed, non production of default notices which must be in the prescribed form, no notices of assignment, no statements for the duration of the agreement (excessive charges)....

Have a read through these....

http://www.consumeractiongroup.co.uk...connaught.html

http://www.consumeractiongroup.co.uk...est-425-a.html

http://www.consumeractiongroup.co.uk...st-credit.html

http://www.consumeractiongroup.co.uk...thin-week.html

http://www.consumeractiongroup.co.uk...rocess-sd.html

http://www.consumeractiongroup.co.uk...edit-stat.html

If you need some help....give me a shout...

**Dibsthefrenchie** · 21st October 2008 18:42

Hi 42man, thank you for the advice.
I intend to challenge this SD on charges and also no CCA, I have in writing from Scotcall collecting on Capquest behalf that they unable to obtain a copy of the agreement, the last letter I sent to Capquest was to ask for their complaints procedure and I have not received a reply.
I will look at the threads you have suggested, as I have no idea on how to word my defence.
Dibs.

**42man** · 21st October 2008 18:54

Fantastic....the judge will NOT be happy....especially when you show him the letters. It is already disputed....go to court and claim your costs....if you want some help with the defence let me know....

**Dibsthefrenchie** · 21st October 2008 19:34

Thank you, I have looked at beanpole's thread and the defence that he has kindly put on there, I believe that my argument is basically the same, so intended copying it, what do you think?

**42man** · 21st October 2008 20:20

I think there are a number of points in there....the good news icon

is that you have some pretty good letters showing a valid and substantial dispute...

**Dibsthefrenchie** · 21st October 2008 20:28

I have copied the letters and a duplicate set for Capquest, which I will hand in with my request for a set aside icon

, using beanpole's defence.
42man, you have given me a great deal of help and encouragement this week, I cannot begin to tell you how much I appreciate it, thank you.
Dibs

**stuscfc** · 21st October 2008 20:36

Hi one thing 42 man has said to me a few times is claim your costs as well.Litigant in person rate 9.25 an hour.

**havinastella** · 21st October 2008 20:39

Make sure you wait a few days before sending off the set aside icon

, it'll give you more time to 'research' how to proceed

Then you can claim all those extra costs.

Jogs

**Dibsthefrenchie** · 21st October 2008 20:46

Brilliant advice, CAG icon

is entitled to the costs, thank you both.
Dibs

**42man** · 22nd October 2008 08:28

Dibs can you tell me what you have put in your defence ? As I may be able to add some more....

As for the costs you need to submit them to the court 24 hours before the hearing (either by fax or posted so that they reach the court the day before)......you do not have to send your defence to the other side (despite my early advice on Beanpole's thread - which was incorrect) As a copy of the set aside icon

/ affadavit is sent to them by the court....

**Dibsthefrenchie** · 22nd October 2008 10:22

Good morning 42man,
This is the correspondence that I intend attaching to my request:

Dibs.

**42man** · 22nd October 2008 10:41

Incredible Dibs....this is truly damming for them....I hope you will 'fillet their donkey' at the hearing (if it gets to it)...

**Dibsthefrenchie** · 22nd October 2008 10:41

This is the defence that I intend to use:

Dibs.

**42man** · 22nd October 2008 10:41

What have you written on the affadavit ?

**Dibsthefrenchie** · 22nd October 2008 10:44

Thanks 42man, I would welcome any suggestions to the content of my defence.
Dibs.

**42man** · 22nd October 2008 10:51

You've done REALLY well...

Number each of the referring documents i.e. request made for an agreement (see document marked XX) then mark the letter.....and also state the recorded delivery slip (again write see document marked XX)

Write at the top 'I totally dispute the debt'...as opposed to mentioning enforceability....it could give way for the judge to possibly award extra time....

Use the word alleged debt and alleged claimant also...

I would also add in your affadavit

I believe that this demand has not been 'served' on me in the correct way, and therefore believe that this is a frivolous attempt to scare me into paying. The alleged debt has been in dispute for (xxx months) and the alleged creditor KNOWS THIS

I make reference to the following -

Judge Boggis QC - RE AWAN - [2000] BPIR 241

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

And (edit this DIBS)

As a lone parent/low income family with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection icon

where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

I request the judge orders the demand set aside icon

and gracefully request my costs as LITIGANT IN PERSON....

**42man** · 22nd October 2008 10:54

I'm actually sure you're probably quite keen to get to court to show the judge just how disgusted you are !!

Remember costs go in 24 hours before the hearing - LITIGANT IN PERSON...

for example

10 hrs research into the Insolvency Laws @ £9.25 per hour
10 hrs research into Consumer Credit Act 1974 @ £9.25 per hour
Mileage at 40p per mile
Parking
Postage costs

**42man** · 22nd October 2008 10:55

The case law for excessive charges is this...

The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

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