Statutory Demand received - **WON**

[Tiger's Wood]

hi all, can i jump on this thread?

 

I had a SD from Capquest for an Egg card - received it last week - by firstclass post, below I have a few facts and queries listed so they can be answered seperately

a. The amount owed to Capquest is around 9k - default balace was £7174 "deliquent date" is 05/04

b.the form was sent by 1st class post - no other visits have been made to my knowledge ( im rarely in but live with parents)- and I have no letters saying "we have tried to deliver by hand"

c.i understand i can ask for the SD to be set aside - i have not yet asked for a CCA, or statements etc - can i still ask for set aside or must I ask for CCA?

d. what is set aside? You mena written off? Or just court hearing delayed?

e. if we claim costs how much are we talking here - roughly? Will capquest pay me directly or take off balance outstanding?

f. I have never entered into correspondance with Capquest - indeed i have ignored all my creditors since 2004

 

 

are we sure wether these are just empty threats yet - ive seen a few threads suggesting this

 

thanks for any additonal help - i have read the other threads but stil had these queries - maybe I am just a bit slow - sorry!

[babybear39]

Hi Tiger's Wood and welcome to CAG

 

It's better for you to start your own thread, that way replies don't get mixed up.

 

You need to get the SD set aside ASAP. There are likely to be charges on the account and that's a valid reason. Call your local county court to see if they deal with these and pop along to pick up the forms. It's free and you can swear the affi. at the court. The staff should help with all this.

 

When you've got yout thread started, link back to this one and we'll come and help

[saintly_1]

I have moved your post to a thread of its own

 

 

 

saint

[Tiger's Wood]

thanks guys i will phone the court straight away tomorrow

[Tiger's Wood]

ok so i dint get to phone the court and 18 days are up today (posted to me on 31st july) i am off work so going to the court this morning - would i just go to front desk nd sk for forms? would i then get to see sommeone? would i swear the "affi" today?

[Tiger's Wood]

ps the only grounds i see can aks for SD to be set aside is the fact the sum outstading is higher than my default balance, i have not written of for cca and not sure if ive been served my default notice etc, is this one thing enough for set aside for sure?

[BeauBrummie]

Hi Tigers Wood,

 

If there are unfair charges on the account, and there usually are in these cases you can ask for a set aside on that basis.

 

If the time limit today then you must contact a court that with deals with SD's now, or you run the risk of a judge not granting a set aside.

 

Get the set aside sorted, and then send off a request for a copy the executed agreement that this debt refers to.

 

Beau

Edited August 18, 2008 by BeauBrummie
Spelling!!!!!

[babybear39]

Yes, you can swear the affi. at the court but make sure the court deals with SDs as some don't.

[42man]

I would as a precautionary measure send off for a copy of your Consumer Credit Agreement too just in case....

 

have a read here too...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

[Tiger's Wood]

ok, so after a few weeks, I received yesterday a date to attend court for the set aside, now will i need legal representation here? I cant afford that!

Will capquest actually come?

 

I also received a reply from Capquest to the CCA request - they replied saying my "account is on hold for 28 days" so, its over the 12 days for them to supply my CCA - what happens here now? Are they in breach?

 

Also If judge does not grant set aside on 30th Sept when i'm court - is that it? Am i then on my way to bankruptcy?

[saintly_1]

Hi

No you dont need a solicitor have a read of a few of the threads that have dealt with Stat demands especially the ones in the DCA legal successes heres a link to one http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/157856-fizzbuzz-1st-credit-court.html

 

 

 

saint

[Tiger's Wood]

ok guys need help urgently got the set aside hearing tomorrow (30th) any body on here late?

couple of things to mull over:_

I sent off my CCA request on 18th August - I had a letter back last week saying the have requested in from Egg - this is now 42 days since I requested it and still not received - whats the deal here?

Also they have replied to my set aside request through the court they have wrote a letter to the court and copied me in saying the following - this is copied verbatim inclusive of grammatical errors!

 

"We acknoweldge receipt of the application to set aside the statutory demand.

Capquest Investments Ltd are the creditor by virtue of the debt being assigned to them by Egg banking PLC. IN order to deal fully with the application to set aside wewill need information from the original creditor which we may not be able to obtain in time to prepare and serve evidence in opposition to the application.

 

We are also mindful of of Paragraph 6.5(4)(b) of the insolvency rules which provide that if the debt is disputed on the grounds which appear to the court to be substantial then the court may grant the application .

 

We do not accept the debt is not due but in view of the time considerations and use of the courts time we ask that the application be granted but with no order as to costs. If, as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a claim in teh county court which will allow the applicant the opportunity to defend the claim"

 

 

 

 

SO......are they admitting defeat on Bankruptcy and saying to the judge grant the set aside???

 

Whats the next steps guys and girls?

And thanks for getting me this far!!!!!!!!

[saintly_1]

What they are saying in effect is that they cant/havent got the CCA and are not opposing the set aside application ......... I would however still go to court tomorrow have a read of this http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156970-omg-connaught-first-credit-5.html#post1702154 and seriously think of asking for costs

[Tiger's Wood]

thanks! hope it goes ok tomorrow whatever happens - i need to get my prep done!

[saintly_1]

Good Luck later today ......... Hope it all goes well for you please post back and let us know

[babybear39]

Good luck...

[42man]

Remember you are totally disputing the debt....

 

Non production of a valid CCA, no statements, no default notices, no notices of assignment....

 

They are using the Insolvency Service as a debt collection tool....which is frowned upon...

 

Use this piece here and quote it to the judge tommorrow...

 

As a lone parent/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).

[MONX]

Best of luck today - ask for costs, especially seing as they are admitting that they cannot (at this time ) provide a CCA!

 

They have issued the SD in the hopes that it will scare you into paying up, you have had no choice but to go through the court to set it aside and these DCAs should be made to pay for this.

[KER]

Good luck. They won't turn up, so the floor will be yours. Get those costs

[Tiger's Wood]

guys great advice abouve, just doing final prep - i know they wont be ther, the letter said so but its still nerve wracking!

[robcag]

Hi TW

 

Good luck with the SD set-aside and grab those costs!

 

Cheers

Rob

[Mockenrue]

Good luck TW.

[FunkyFox]

Interesting that they even bothered to mention to granting the application but no order for costs. Maybe this policy they have of issueing SD's like confetti is starting to cost them!

 

Good luck and go for the costs. Maybe they should have checked that they had a right to enforce the debt before they issued you with a SD.

[PGH7447]

Good Luck, hit em where it hurts in the wallet:D