CapQuest/HBoS Statutary Demand

[42man]

Ring them, say you are the defendant and ask if there is an affadavit in the file from a process server....

[Vampyra]

Well I've phoned the court and some good and bad news.

 

Thank you by the way for the above I have read and digested.

 

The bad news is that CQ have not written to the court saying they do not wish to continue - apparently they have done this with many cases recently. EDIT - Apparently they have sent many letters to the court saying they do not wish to continue action. So they seem to want to continue with mine!

 

The good news is they have not answered the Set Aside. So no Affidavits of any kind held on file.

 

The bad news is that they can bring this all to the hearing and it will be looked at then.

 

The court advised me to ring CQ - I said I have been advised never to talk to them.

Edited September 25, 2008 by Vampyra
Not very clearly written

[Vampyra]

Oh and I still have the 1st class envelope too!

[42man]

As you can see from other threads CQ don't turn up !!!.....but if it was me, I would avoid calling them as you don't want to disadvantage yourself in anyway by speaking to them, the decision is up to you....as you can see on the CAG very few of the stat demands have been granted by a judge....

 

If they have NOT informed you that they are discontinuing, then go and claim your costs.....tell the judge in no uncertain terms, that the debt is totally disputed and they know it, but have not informed you.....

[42man]

Even better take the envelope with you....!!! You can say that you feel as Justice Warren said (and quote him to the judge too)...in the Hammonds vs Pro-Fit case in 2007 - 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 where there is a bona fide and substantial dispute as to the debt.

[Vampyra]

I'm not going to ring them that would be stupid.

 

I just hope they don't turn up but need to be prepared for someone having a personal vendetta from CQ. Maybe HBoS wont be so concerned as they are currently nearly going bust!

[Vampyra]

Oh yes the envelope will be going - I have done a copy of everything for the judge too.

 

Will it be ok to take along a sheet of paper with my expenses on it and hand that to the judge?

 

BTW, the court lady tried saying "why was I being advised about a process server affidavit? You have answered the SD therefore you acknowledge receipt of it."

 

I didn't argue I just said someone is advising me and asked me to ask. She didn't really want to say then found there was nothing on file and volunteered to check the pending post and there was nothing there either.

[MONX]

I was where you are a couple of weeks ago and in hindsight I had got myself worked up into a right ol' "two and eight"! It really isnt as bad as you think its going to be.

 

I had images of the old type of courts you see on the telly with the wooden panels and the bewigged judge sitting high up on a seat in the middle. (I even had a nightmare the weekend before where the judge put the black cloth over his wig and sentanced me to hang!)

 

County court hearing rooms are like conference rooms with a reference library at the back, a conference table with the district judge at the head of the table, yourself on one side and the dca at the other (if they bother to turn up).

 

I was lucky that the judge I got was willing to set aside the SD straight away, I think she saw it as open and shut that they hadn't complied with the cca request and that it hadnt been served correctly. It was the fact that I was claiming costs for research that she was interested in. I think when she had asked me a few questions and realised that I had done the research I was claiming for that she saw things from my perspective. She challenged my knowledge of statute barred but this was again just fishing to see that I knew what I was talking about when I mentioned the Limitations Act 1980 etc.

 

She was great and set the SD aside and awarded me costs. She said that hopefully this would make them think twice about using the insolvency process to aid debt collection.

 

You seem to have been on here a while and have had great advice from other posters (especially the fabulous 42man who was also a godsend to me) If you needed any further advice at all, I would just say be clear and concise and to bring:

 

The originals and a copy (or two if you think the other side are going to attend) for:

1. every letter rec from them with the envelope it arrived in showing date of postage.

2. every letter you sent them.

3. either recorded or special delivery receipt with tracking ref number.

4. poof of receipt printed off the Royal Mail site.

5. excerpts from the legislation used to argue your case eg: CCA 1974, Limtiations ACT 1980 etc. (42man has posted most of these in post 5 of this thread)

Good luck, I will keep everything crossed for you!

[Vampyra]

Thank you very much for your post.

 

This whole process of my debts has been ongoing for nearly 8 years. Just so you know, my mother has severe dementia, (really off the planet), and physical disabilities. I am her full time carer. I panic because I have so many things I do daily, I often forget advice or forget details and as someone who is a bit of a perfectionist when it comes to dealing with matters, I want to be 200% of what I am doing.

 

Also, a lot of advice changes as new things come to light, so it's better for me to go back and ask and check just to be sure.

 

Fingers crossed they do the usual and no show.

[42man]

Great post...thanks Monx, really appreciate it !!

[Vampyra]

The lady at the court said CQ would have sent me papers if they had been sent to the court - don't know if that is correct. She wouldn't check my file today saying it had gone up to the judge. *shrugs*

[42man]

My feeling is that you will come back with some good news Vamp !!!

[42man]

Tell the judge that despite them knowing it is in dispute, they have made no effort to contact you to say that they wish to discontinue !!!! COSTS, COSTS, COSTS Vamp.....

[Mockenrue]

Subscribing.

[Vampyra]

Well I tried getting ready on time, the washing machine paused itself and didn't finish washing til too late. I tried drying my smart jeans but there was just no way they were gonna dry in time.

 

I had a quick shower and wore the only trousers I had available - my baggy blue combats and a girly blue top.

 

I forgot the costs - so had to type them out double quick smart.

 

The dog hasn't had a wee since last night.

 

I got stuck behind Mr and Mrs Go-Slow and then got caught by some traffic lights where they were digging up the road - oh gawd was I panicing.

 

As I got near the court, not knowing quite what the time was, the heavens opened it was like a monsoon and everyone slowed to a snails pace - still more panicing from me but I couldn't see to drive fast.

 

I get to the court and park up and pay - check the phone - 1.45pm - excellent - in time.

 

Get through the security searches and make my way up to the courts. Well I thought I had but was told it was another flight of stairs up - so off I go being extremely aware I had minutes before the hearing.

 

I get there and I get signed in. I ask if the other side had turned up - "not yet" was the replying, as I looked at the clock saying 1.55pm.

 

So, I wait, and wait, and wait.....

 

I watch several people go in against 1st Credit - they hadn't turned up but as time went on I wondered if mine would.

 

At just about 2.35pm I was called into the court. As I walked through the door I saw the judge who had been very grumpy with several people - my heart sank.

 

I suddenly became uber nervous and mentioned the weather which he replied with a "Yes, quite", then went on to ask me to sit down.

 

The Judge said

"Well you're here to defend a bankrupcy claim?"

 

"Yes", I replied,

 

"Well as the other side didn't bother turning up I'm granting the set aside."

 

"Thank you", I said.

 

"Now you realise they will probably come after you with a CCJ?"

 

"Yes" I replied.

 

"Ok have a good afternoon, bye".

 

"Thank you, bye bye".

 

 

I was so stunned it was that quick and I forgot the costs.

 

I went "ooh" as I came out of the Court and the usher asked what was the matter.

 

"I forgot my costs, will the judge allow me to ask for them?"

 

She asked and he did, so in I went again and he looked at the costs.

 

"Who prepared these costs?"

 

"I did, sir"

 

"How on earth has this taken you 10 hours to prepare?"

 

I really panic and the voice cracks.

 

"I have done a lot of reasearch and have had some help and.."

 

"Who helped you?"

 

"Some friends".

 

"WHO?" the judge shouted.

 

Panicing even more I told him it names of those who helped me and said I couldn't provide real names as I don't know them.

 

Silence.

 

I then piped up:

 

"I think you would agree, sir, that even though I had help from people I have spoken to for a long time on the internet, I would be completely foolish to accept everything they say without researching it all and also rather foolish coming to court to fight a case if I didn't understand in entirity what I had put on my particulars of claim. I also have loads of paperwork her to show my research."

 

Silence.

 

What seems like the longest pause ever.

 

 

The judge says "Quite right too, I'm awarding you all your costs."

 

Me, wondering what on earth I had done replied, "Thank you and I'm sorry if I got any of it wrong".

 

Judge replied "No, no, it's fine you got nothing wrong, have a good afternoon".

 

I wished him good afternoon and left.

 

[Vampyra]

BTW - for the record - I don't mistrust those who were helping me but no-one can argue that double checking the advice from people on the net is a sensible thing.

[42man]

Fantastic Vamp !!!!!!! Really, Really Pleased !!!!!!!

[42man]

I have changed the title accordingly....

[rory32]

Well done that girl

[Vampyra]

Thank you so much - I can't rep you 42man - I've given you too much already! LOL

[saintly_1]

Well Done Vampyra

[AndyOrch]

Well done Vamp

 

 

Regards

 

Andy:)

[MONX]

Congratulations Vampyra

 

I am so pleased for you, I bet you will sleep like a baby tonight!

[ODC]

Brilliant News. Yet again this will be a costly piece of paper sent out by CRAQUEST

[Curlyben]

Told you didn't I and he didn't even blink at 10 hours