If its a pre 2007 "agreement" they have mislaid then they are not entitled to enforce this but if you feel happier paying them back what they say is owed then continue paying the £20, they'd be pretty silly trying further harassment when you have been so reasonable.

Hello Ilove, thoroughly concur with everything said above. This happened to my daughter a few years back with a postcard through the door with the bully's mobile phone number on it. I contacted the local Police and got an incident number then phoned her on the mobile phone, she was so frightened when I gave her the incident number her voice shook - sweet revenge, never heard anything more. Keep your chin up.

Hi Morby, it is a witness (witless depending on your point of view) statement and in our case they sent it to daughter via special delivery and also sent it to court.

Honestly, what a cheek Bobity, wonder what the Judge would do if you sent in a letter requesting the same, I presume your hearing is imminent? Their costs must be mounting, don't seem very confident do they?

Here you go:- http://www.consumeractiongroup.co.uk/forum/showthread.php?315062-Capquest-Statutory-Demand Don't forget your complaint to the OFT as well as this is an abuse of process, if the creditor is Capquest Silverfox has a thread devoted to complaints.

Afternoon Morby, yes you can and certainly should claim costs, here's a link to be going on with back in a sec with another with costs posted by "only me":- http://www.consumeractiongroup.co.uk/forum/showthread.php?319215-Served-with-Statutory-Demand-by-CapQuest-would-appreciate-some-help.

Hi Bobity, what I've got is that the SD does not comply with the rules of insolvency in that the demand was served by 1st class mail and not by a process server and then CPR PD INSOLV 11.4 blah blah, then the bit about Barry and this is in contravention of rule 6.2 of the Insolvency Service, if you haven't got the longer version of this, I'll post it up for you tomorrow sometime - don't stress.

Ignore - I did, got the same letter!

Don't waste your time writing to them Mrs Fedup, they have had plenty of time to deal with this, you have their letter as proof that they have 'misplaced' your agreement, its not enough to have the statements if the "agreement" was pre 2007 as seen this before rightly states, if you haven't already sent them the SAR then do this now, they have forty calendar days in which to reply, if not advise the Information Commissioner. Just think of it this way that their unreasonable behaviour now will stand you in good stead if they ever take this to court. The more you take control of this, the more empowered you will feel.

Just the usual scaremongering Capquest Bobity, they are the ones who are wasting court time and should be made to pay for it - be polite to the Judge but state your case firmly.

In my daughter's case postggj it was the CPR 18 requested before they issued the SD which did the damage as far as the Judge was concerned as they had replied to this with a demand for £10 to cover SAR!!

I think maybe people are really wondering whether it is worth all the hassle for a relatively small amount of money. I took my landlord to court about 8 years ago but it was for the return of my deposit of around £800. I had photographic evidence of the way the property was left and was lucky enough to be in receipt of a questionnaire I had prepared for the new owners, the property was sold after our departure and the new owners were very cross because of the faults that occurred when they moved in plus garden had become overgrown - I'd been taking pictures of that too, cheeky so and so's even complained they had suffered due to a void period when we moved out! They lost and we got our costs and you can sue your landlady using HMCOL but bear in mind that you might lose. You can complete the Particulars of Claim on line with the very clear instructions provided.

As advised in post 10, SAR is your next step, £10 postal order, don't sign, send recorded delivery - they have 40 calendar days in which to comply, if they don't complaint to the information commissioner.

The SAR should cover everything they have KM so as advised try not to worry and see what they come up with.

Oops, forgot to add, they are not going to turn up at your Spanish home and if they did, you tell them to Foxtrot Oscar sharpish:x

KM, You are quite right to be concerned about your signature, same bank different issues but know that DCA associated with them lifted my doctored signature from my complaint to FOS implying it was the signed mandate. Ignored by me and now passed to different DCA who can't even get my name right!!

An old thread but an interesting one:- http://www.consumeractiongroup.co.uk/forum/showthread.php?237096-Are-overdrafts-covered-by-cca-s

Hi KM, This is an old thread but an interesting one:- http://www.consumeractiongroup.co.uk/forum/showthread.php?237096-Are-overdrafts-covered-by-cca-s

Hi NQ, Nope, form should read Witness Statement in Support of Application to Set Aside-Statutory Demand then a) You will have inserted your name and address:- then it says state as follows: (b) Insert date 1) That on ?? date the SD exhibited hereto and marked A came into my hands (You can then mark the SD with a large A) as its an exhibit - Ok? Hope thats what you meant? Then you go on to 2 that I © believe that the statutory demand does not comply with the rules of insolvency etc etc.

Dizzie, lost in admiration at your ability to deal with all that life has thrown at you, I hope little man is improving. You go get them girl, they are a dreadful company, I won a summary judgement against Optima Legal/MBNA couple of years ago, no application form or any kind of agreement, outstanding balance at the time £1600, took a look at my free credit report recently and there it is with amount stated as £2,000, they had already added £200 before the hearing and they had to cough up costs of £200 which they have kindly added to my credit report. Going to sort out a notice of correction but a bit busy with something else at present. Thinking of you, well done Andy for being there every step of the way, as Mike says throw everything at them, a bit of bad publicity about them has to be good.

and post 47 of Dizzie's thread:- http://www.consumeractiongroup.co.uk/forum/showthread.php?259523-MBNA-county-court-Summons-quot-Help-Please/page3 with any luck you'll get the same response as daughter did for a CPR 18 request, i.e. demand for £10 (Subject Access Request) which was the kiss of death for them in our case!!

Excellent stuff onlyme - almost right about the rate its 9.25 per hour. Think the judge was a bit stingy in daughter's case but she got the money yesterday - good more money out of Capquest's coffers! Glad you found your way over to northernquarter's thread Bobity, some brill stuff on there, almost certain you can send the CPR request now and have attached another link which may help:- http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

Sounds perfect! Don't forget to have a look at Silverfox's thread too and get your complaint into the OFT, they pulled up 1st Credit on this sending out of Statutory Demands, of course they love doing it because it costs them nothing and often they don't even turn up in court! Click on 42 Man's user name, there's bound to be other threads which are relevant to you as well. Another thing to do is if Barry Davies is the person named on the SD, telephone Capquest every day for three days and without giving your name to the telephone monkeys ask to speak to the ghostly Barry, don't give them any details other than to say you wish to speak to him about a Statutory Demand which you will be seeking to set aside, get their name but don't be fooled into giving them your number so he can ring back, this as you will see from the other threads is another reason for set aside. Then when you hear from the court about a hearing date, you need to start swotting up on the relevant sections of CCA (you cannot possibly learn it all but can make notes to take in to the hearing with you) and relevant case law. Read as many threads as you can but there will always be someone around to help - keep smiling.

Hi again, have a look at 42 Man's posts in the following thread on how to complete the forms and amend to suit your situation, plus you can do a search for Capquest in the search box to see other relevant threads, main thing is chill out and don't panic:- http://www.consumeractiongroup.co.uk/forum/showthread.php?309388-capquest-statutory-demand

here you go:- http://www.consumeractiongroup.co.uk/forum/showthread.php?319215-Served-with-Statutory-Demand-by-CapQuest-would-appreciate-some-help.