Capquest and old Egg Banking CCJ from 2007

[Dwayne Dibbley]

may i asked to you want to go bankrupt,

 

i would also advise you that this site does not believe in any one being made bankrupt on a un secure debt only in certain circumstances if any.

 

 

lilly

 

 

No defiantly not.

 

PS still reading all of your post.

 

As the SD was sent by post not recorded, they have no proof that it has been served? and i am guessing if i go through the motions of setting it aside that i have then acknowledged receipt?

 

Would it not be better to pursue that the Approved limit stated in the agreement with egg?

[lilly white]

well done and thank for your reply.

 

well always to you, get yourself involved in the egg tread loads of help there.

 

just look for the pt tread however i warn you if you read it you will be hooked

 

and its very long.

 

however keep your eye on the time 18 days to apply for set aside if you go longer it cost £30 more.

 

 

kind regards lilly

Edited July 26, 2009 by lilly white
god i wish i could spell

[Dwayne Dibbley]

OK i am sending this to crapquest:

 

    Dear CapQuest,

[color=black]I have received the Statutory Demand sent by your Company or client. To enable me to file a defence [/color]
[color=black]I require specific information regarding the account to be provided forthwith. Given that this matter is [/color]
[color=black]now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the i[/color]
[color=black]nformation and documents detailed below. The information must be furnished by 10th August 2009, which gives you 14 days to provide what has been requested. If you fail to comply, this [/color]
[color=black]will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.[/color]

[color=black]1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. [/color]
[color=black]2. All records you hold on me relevant to this case, including but not limited to:[/color]
[color=black]a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account. [/color]
[color=black]b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor[/color]
[color=black]c. Where there has beenany event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.[/color]
[color=black]d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.[/color]
[color=black]e.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).[/color]
[color=black]f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.[/color]
[color=black]g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.[/color]
[color=black]h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.[/color]
[color=black]i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998[/color]
[color=black]j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.[/color]
[color=black]3. Any other documents you seek to rely on in court.[/color]
[color=black]4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.[/color]
[color=black]5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, [/color]
[color=black]their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.[/color]

[color=black]I will require this information within the next 14 days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence on this serious matter.[/color]

Yours Sincerly, 

Me

and then i will fill in form 6.5 and 6.5 regarding the dept is in dispute.

[Dwayne Dibbley]

Regarding form 6.4:

 

for (a) this is my name and address? what do i need for time date and place?

 

for (b) i insert capquest?

 

for (d) is this capquests address?

 

for (e) is this again my self and do i sign it as my solicitor?

 

Thanks

[lilly white]

Re: Statutory demand served

FORMS THANKS TO 42 MAN

 

capquest

 

Here's how to fill out the forms.

 

If we start with Form 6.4:

 

For (a) fill in your name and address

 

The section that states attend before the Registrar leave blank. This will get filled in by the court.

 

For (b)

on the hearing of an application by (b) (insert your name)

 

An application for an order that the statutory demand dated (insert date on the SD that you received from Connaught) be set aside

 

For ©

The grounds on which the applicant claims to be entitled to the order are set out in the affidavit of the applicant sworn on (insert the date that you hand the forms into the court).

 

For (d)

The names and addresses of the persons upon whom this application should be served are:

(d) (insert name and address of Connaught)

 

For (e)

 

The applicant’s address for service is: (e) (insert your name and address)

 

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

 

 

 

Form 6.5

 

For (a) fill in your name and address and state that you are a litigant in person.

 

For (b)

1. That on (b) (insert date that you received the SD through the post) the statutory demand exhibited hereto and marked 'A' came into my hands

 

For ©

2. that I © Do not admit the debt because the alleged debt is totally disputed.

 

 

 

The alleged creditor states that the amount is owed under an agreement which has not been provided

 

The alleged creditor has not provided any default notices in the prescribed form.

 

The alleged creditor has provided no statements for the duration of the account.

 

The alleged creditor has not provided any notices of assignment.

 

The alleged creditor has not 'served' anything on me, but simply posted a demand by first class - I believe that this is a frivolous attempt at scaring me into paying and therefore an abuse of the process.

 

I refer to:

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

 

On the above information I request that the demand is set aside and I kindly ask the the judge award my costs in this matter as a LITIGANT IN PERSON.

 

As a lone parent/low income earner/low income family with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 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. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

j) In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the respondent has been made aware of the matters complained of and despite this a statutory demand was issued

 

I make this statement with the sworn belief that all facts stated are true.

[lilly white]

forms as last post edit to suit

 

 

regards lilly.

 

and now have sar the oc

[Dwayne Dibbley]

Thanks again Lilly / 42man

[Dwayne Dibbley]

OK 6.4 and 6.5 handed over at the court and the SD, all rubber stamped and sworn on a copy of the bible, the did say that for 6.4 (a) it should be capquests address and not mine, so i crossed it out and amended.

 

not got any receipts but i guess its in the system.

[harrassed senior]

Having done the most important tasks, may I also suggest that you send a complaint to the OFT and Trading Standards. There are already a number of DCA's who are on a 'watch' for issuing too many SD's especially before exhausting all other avenues of collection, not to mention ignoring an invalid Credit Agreement. We need as many people as possible to complain on each and every 'breach' of the Code of Practice.

[lilly white]

Ok Keep Us Posted

 

Lilly

[Dwayne Dibbley]

Hi guys,

 

received a letter from my court today.

 

In the Matter of The Insolvency Act 1986

 

IT IS ORDERED THAT

 

1. This matter be listed for a hearing on 18th September 2009 at 4pm

 

2. Respondant to file and serve affidavit in reply no later than 14 days prior to the hearing and to exhibit a copy of the notice of assignment server on the Applicant.

 

Is there anything i need to do, or is it now up to capquest?

 

thanks

[42man]

Just need to have a read and understand what is being said on your affadavit (above in post 6) and why......make sure you submit your costs to the court 24 hours before the hearing, they need to be AT THE COURT for at least 24 hours before... this should give you a guide - get a sheet of white paper and entitle it Litigant In Person Costs - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/211818-lowell-hampton-statutory-demand-3.html#post2337865

 

Also make sure you take a copy of this to the court too to show the judge - http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

[42man]

If you aren't sure of anything please do ask....

[42man]

And do have a look at the other Capquest threads here too - DCA Legal Successes - The Consumer Forums

[42man]

And remember this isn't a moral court it is a court of law !!

[lilly white]

As has been advice please understand what you have put in your statments,

 

It is not to you to prove anything you have made a strong statment so it is down to them.

 

Also if you need help please do ask.

 

 

Kind regards you are in safe hands

[lilly white]

Please have a read

 

All about the moon, however you will get the drift.

 

 

The pedant: refuting - Times Online

[Dwayne Dibbley]

Thanks for that info, now i guess capquest can pull out before that date if they choose too, else i will submit my expenses and take the OFT info to court.

[lilly white]

ALL THERE IS NOW IS TO WAIT HOWEVER RESEARCH AS MUCH AS YOU CAN.

COSTS AND COMPLAIN ARE PAR FOR THE COURSE.

 

To refute a proposition means that you disprove it. Nasa rightly observes that a conspiracy theory is unfalsifiable.

 

That makes it unlike a scientific theory, which advances hypotheses that can be tested. Scientists continually try to refute theories to arrive at better explanations.

 

Conspiracy theorists do the opposite: they explain conflicting data by positing an even wider conspiracy than the one they had first thought of.

 

Please sleep well

 

KIND REGARDS LILLY WHITE

[Dwayne Dibbley]

Just need to have a read and understand what is being said on your affadavit (above in post 6) and why......make sure you submit your costs to the court 24 hours before the hearing, they need to be AT THE COURT for at least 24 hours before... this should give you a guide - get a sheet of white paper and entitle it Litigant In Person Costs - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/211818-lowell-hampton-statutory-demand-3.html#post2337865

 

Also make sure you take a copy of this to the court too to show the judge - http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

 

for info this it what i posted in my affadavit, and not the post 6 text? hope it will be OK

The alleged creditor states that the amount is owed under an agreement which has not been provided

 

The alleged creditor has not provided any default notices in the prescribed form.

 

The alleged creditor has provided no statements for the duration of the account.

 

The alleged creditor has not provided any notices of assignment.

 

The alleged creditor has not 'served' anything on me, but simply posted a demand by first class - I believe that this is a frivolous attempt at scaring me into paying and therefore an abuse of the process.

 

I refer to:

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

 

On the above information I request that the demand is set aside and I kindly ask the the judge award my costs in this matter as a LITIGANT IN PERSON.

 

As a lone parent/low income earner/low income family with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 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. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

j) In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the respondent has been made aware of the matters complained of and despite this a statutory demand was issued

 

I make this statement with the sworn belief that all facts stated are true.

[Brent-London]

for info this it what i posted in my affadavit, and not the post 6 text? hope it will be OK

 

I'm afraid you won't get £170/hr as litigant in person. The rate is set by court rules/regulation at £9.25 per hour. Capquest know this which is why they keep sending SDs out - its a cost/benefit thing to them!

 

But you should go for costs nonetheless!

 

I recently got £175 from them for an incorrect SD!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215740-martin-capquest-statutory-demand.html

[Dwayne Dibbley]

I'm afraid you won't get £170/hr as litigant in person. The rate is set by court rules/regulation at £9.25 per hour. Capquest know this which is why they keep sending SDs out - its a cost/benefit thing to them!

 

But you should go for costs nonetheless!

 

I recently got £175 from them for an incorrect SD!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215740-martin-capquest-statutory-demand.html

 

Excellent stuff thanks

[Brent-London]

 

2. Respondant to file and serve affidavit in reply no later than 14 days prior to the hearing and to exhibit a copy of the notice of assignment server on the Applicant.

 

Is there anything i need to do, or is it now up to capquest?

 

thanks

 

You don't have to do anything but wait the 14 days for them to file the evidence.

[Dwayne Dibbley]

Heard nothing from capquest is that a good thing or not?

 

All set for Friday here my expenses will be submitted on monday.

 

if in the worse case they dont set it asside that dose that mean im made bankrupt?

[stuscfc]

No it doesnt mean your bankrupt what it means is they have more of a chance to take you to court to make you bankrupt.An SD is step for the company in the process i beleive and makes it easier for them to petition for bankrupcie.cant spell.As for the costs i sent mine 2 days before court first class so i didnt give kapwest much time to apeal against them before hand.