Thread: Capquest SD - *** WON + COSTS ***

Hi all

Ok, I recieved an SD from Capquest a couple of weeks ago. It's for an Egg account, going back to dec02. Claiming for 11k, 3k of which is interest Capquest have added since buying the debt in May 06. Now, I am 99.9% sure this is statute barred, as no payment has been made in that time, or the debt been achknowledged in any way.

Anyway, I wrote a cca letter today and also stating the debt is statute barred, and will post it in the morning. And I have started filling out the set aside forms from the court. Which is where I need some help.. 6.4 is ok, thats easy enough. It's 6.5 I'm having trouble with, as having read the many threads on here (very helpful and informative) I'm a little confused as to what I should write on my affidavit and how it should be worded.

A little info...The only correspondance I have had from Capquest if the SD. It arrived via second class post. The particulars of the SD make reference to a credit agreement (this can be used in my defence?).. and there's some 3k of charges on there. I have tried calling the illusive Miss O'keefe, and seems to be unavailable.

Anyway.. the only thing I have left to do is fill out 6.5.. which.. havig spent so much time reading on here.. suddenly realised it has to be in the court by Friday..

So what lines of defence can I put on my affidavit .. aside from the statute barred? (with the slim chance it is just bordering)

Any help would be much appreciated

have you seen my post for the same question?
I received my stat demand 17th nov and only swore my papers in today lol

Originally Posted by cerberusalert

Has the SD been served correctly?

Well it looks official enough, and came via second class post seems the usual capquest sd confetti everyone else has been getting ..

Please complain to Office of Fair Trading Immediatly as they are inviting information on companys like Capquest.

This is your chance to resolve the SD confetti.

IN the meantime if the debt is statute barred fear not nothing will become of it.

what would the complaint be?

bump

In regards to the time limit, is it 18 days from the reciept of the SD, or 18 from the date printed on the SD(it came in the post)..

It's 18 days from the SD being served, so from when you received it.

ah brilliant thanks, and thanks for the other replies. So based on that assumption, how are the courts, or Capquest, supposed to know when i recieved it. It's not a biggie, but I'd like the weekend to get the court forms correct and as strong as possible.

Service is deemed to occur after 2 business days (Saturdays and Sundays are not classed as business days) by first class post, so I would imagine you can add a couple more days for second class post.

Ah excellent thanks. I'll get it all ready for monday then, as it was dated the 10th Feb, so Monday will be plenty. Cheers

just read somewhere that service is deemed to have taken place 7 days after being sent by 1st class post.. is this correct? Also, does it make a difference if they have spelt my name wrong on the SD?

ah thanks.. although a bit more searching, and i found this on the government insolvency website..

45.98 Date of effective service
Where the demand is advertised, the time for compliance runs from when the advertisement first appears. Service is deemed to have taken place 7 days after sending by first class post. If service is effected after 4pm on a weekday or 12 noon on a Saturday, then it is effective from the following working day.
Notes: [r6.3(3)]

just want make sure, as 2 days, would mean i have to have it in by tomorrow, where as the above would give me till the end of the week, and would be 8 days gone after i sent the CCA. The name isn't radically different no, but just thought it was a bit stupid of them not to even spell my name right. I will mention it though. And once my set aside as been filed, i will complain to the OFT. No problems there.

see my thread here http://www.consumeractiongroup.co.uk...light=capquest
i was nervous but i won and it is less nerve wracking than you think! good luck

Ah cheers for that.. I've read them all loads.. hence i'm nearly late putting the sd application in.. Ok so I'm gonna put the application in this afternoon.. This is what I've put on the form, does it look ok? anything else I should add/take out.. many thanks..

1. The alleged account is to my knowledge statute barred. No payment has been made on this account for 6 years or more.
2. The alleged creditor states that the sum is due under an agreement - no agreement has been attached to this demand. I have on 26th Febuary requested a copy of the credit agreement on the alleged account, along with a statement of account and a copy of the deed of assignment. The production of a credit agreement is a legal requirement under The Consumer Credit Act. The alleged account can only be enforced under the Act by producing a copy of the agreement, to date this has not been produced.[/font]
3. Any amount stated as owing would be disputed due to unlawful and excessive charges levied on the account.[/font]
4. I have not received any Default Notice for this account. The serving of a Default Notice before any legal action is taken is a requirement under the Act.[/font]
5. I have received no letter before action. I believe that Capquest are using court as a first resort. Furthermore I believe that this is an abuse of process and Capquest are vexatious in their litigation.[/font]
6. The contact person listed on the statutory demand is unavailable for contact. This makes the statutory demand unenforceable. [/font]

Can I print this off and attach it to the 6.5, or do I have to hand write it out?