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Please Help!! Statutory Demand From Capquest


vicky26
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1. they are aware debt is in serios dispute and failed to comply with obligations under consumer credit act despite 2 requests. I believe the creditor issued this demand as an abuse of process intended to pressure me into paying the full amount of the alledged debt when such pressure is contrary to the OFT guidelines.

Enclosed are copies of all letters from creditor and to creditor showing all requests for onfo which have not been complied with. None acknowledging debt.

I believe the amount of £££ referred to includes a substantial amount of unlawful penalty charges. Creditor has not provided any info regarding charges they have added.

No requests for CCA and SAR have been complied with.

 

This is just the points made. I have worded everything correctly in application.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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UPDATE! The set aside hearin was this morning and was successfully set aside!! Capquest didn't bother to turn up, told the judge we didn't have a clue what it is and she said as they haven' bothered to show it will be now set aside and awarded us £42 in costs.

Are we also able to to claim back other fee we have incurred such as petrol, car park, time spent preparing for this, etc?

She said they may try again with this but they have not provided any evidence in the 28 days stated in their letter dated 2nd of Aug.

To anyone else who is going through this at the moment I hope this information has been useful to you. The hearing lasted less than 5 mins.

Thanks to everyone for all the help and advice to enable us to take it this far.

Just looking for some advice with claiming costs and the covering letter to Capquest. Thanks again.

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I think the £ 42 you have been awarded as costs is all you are likely to get. You would have needed to ask the judge for your other costs at the time of the Set Aside Hearing. Still £42 off Crapquest is probably £ 41.99 more than they paid for the alleged debt

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If they fail to pay your costs....issue them with a statutory demand...!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Vicky,

Don't forget, when the Judge allows your costs, send capquest 1 letter demanding payment, then go for your own SD against them, see how they like it!!!!!!!

Best of luck

 

Unless the Court awards more than £750 an SD would not be possible. Besides it would cost the poster several thousands:rolleyes:

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DUH of course ODC stat demands are for £750 + (but you could charge interest on a daily basis, plus collection fees, admin fees, it would probably come close to £750 (well they do it !!)....CCJ it is then...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi Vicky,

There should be nothing relating to the SD on your husbands credit file, but always worth checking it out. Well done taking them on, make sure you really harrass them for your £42. Send 1 letter before action by recorded delivery, then issue proceedings!

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Congrats Vicky

 

Thank you for posting how it all went. I have to go to hopefully set aside my SD tom. I'm so glad it took only a few mins, I come out in a cold sweat just thinking of going to court, knowing it may be a few mins is strengthening.

 

All the best.

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Don't worry. I know that is easier said than done but the judge was very nice. She said 'Hmmmm, Capquest well they've not shown up'. Didn't seem like she was too surprised.

Funny thing is we still don't actually know what the 'debt' is for!! I wish she had ruled than they HAD to give us more information as we are still in limbo really!

Good luck for tomorrow.

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The hearing may only take 10 minutes if that....

Capquest probably won't turn up...

Whether Capquest have the CCA or not they are in default of your request...

Address the judge as Sir...

A decision to set aside will probably be made there (dispute the debt totally)....

CLAIM YOUR COSTS

 

Prob never a good idea to address a judge as Sir if it's a woman. Tut tut 42MAN. It's not the 70's.

 

Great to see this Set Aside has worked out. Well done.

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  • 2 weeks later...

Just a quick update.

Sent a letter to Capquest requesting the costs of £42 by return of post made payable to .....[us].

And lo behold a cheque arrived by special delivery this morning!! Seemed very easy so it better not bounce now!!!

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