They have now paid the costs and touch wood I have not heard form them since.

Just a quick update. Capquest have still not paid the costs and have been given until tomorrow before the baliffs are sent in. They have started harrasing me again about the same "debt" even though it has quite clearly been established in court that it is in dispute. I am at a loss, I have complained to the OFT and have lodged a complaint with the Financial Ombudsmen. Any advice on getting these scumbags to leave me alone would be greatly welcomed. I am thinking now the only choice I have is to seek advice with my own solicitor. They are making my life hell, there must grounds for a law suit surely.

Hello Everyone, Was in court last week. The stat demand was set aside and I was awarding over £300 in costs. Capquest didn't even show up but instead sent a letter saying they do not object to the set aside and they estimated my costs to be about £40 as I had downloaded my defence from the web. The Judge was not impressed, he could not belive that Capquest were pursuing this matter and he wished me good luck in my continuing battles. haha. Just wanted to thank you all for your help with this. I am waiting to see what Capquests next move is now before deciding how to proceed. They have sent a threatening letter saying the will apply to act on Abbey behalf with the court case that is stayed. I have been on contact with OFT and am currently drafting my complaint. I am seriously considering further action against Abbey as the damage done to my credit file while they have pursued me is shocking. Thanks again and I will keep you posted.

Thats a great help Zimmie. Do I just type the costs up myself or is there a form I need to complete. I am guesing this also needs to be done in person. Also how many hours did you claim for research and such?

Thanks Citizen B, I hope 42man will be able to shed some light.

Hello again, I am hoping for some more of your great advice. I have read and re-read my affidavit and will keep reading until I completely understand it fully. My question is more to do with the actuall court hearing. I was wondering how I go about filing my claim for expenses and the possible compensation. Also what will be expected of me on the day, how much I will need to talk and about what exactly. Will just be asked about what happened or will I have to be able comment confidently on the legal points put forward in my affidavit. All help will be greatly appreciated, my date has come around quickly (03/03) and I am starting to worry about it just a little. Cheers Guys.

Yea, I have a while to get ready but I have not a clue what I am doing at the moment. I guess I have a lot more reading to do. You still think I should pursue not only costs but also compensation?

Just a quick update for you all. I have received notification that I will be required to attend court on the 3rd March. To have the set aside heard.

All paperwork for the set aside was sworn in yesterday. I now sit and wait for the judge to get in contact. It felt brilliant, Just wanted to thank you guys for your help so far.

They have no legal ground for doing this.

Thanks Landy. When you say the paperwork from the court do you mean the original notification of the stay or do you think it is likely that I will receive something from the court. It seems a real grey area at the moment for those of us with claims already lodge with the county court. As I said my biggest fear is them getting my case thrown out before I can do anything about it. I dont see how they would have the grounds to have cases thrown out anyway.

great, I hope I have understood and done it correctly. I am just about to contact the OFT. I will of course keep you posted. Thank you for your continuing help.

Right I think I now have all the paperwork in order for the my "set aside"l. How particular are the courts about the paperwork? When I go to get it sworn in will they tell me if it isn't up to scratch. I am of to the court Tuesday Morning. Do i need to list their demand a a supporting document and number it? am sorry to be pain.

Sorry to be a pain again but, I have filled out form 6.4 and on 6.5 I have put "please see attached" I have pasted 42man's defence on to a seperate sheet and headed with my name vs Capquest Debt Recovery. Is this ok ? The was some mention of a court reference number, would that be the one from the stat demand?

Should I phone the OFT or would it need to be in writing?