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Statutory Demand received - **WON**

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Just forgot to say that when you take the forms into court, you need to ask the court staff to swear in your affadavit (usually free or £5 at a solicitors).....


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

 

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I hope things went well. I recently won an SD set aside application. I asked for costs on the basis of a personal litigant rate and was awarded 6 hours preparation at £10 per hour which is £60.

 

This is useful as it is over the limit at which you can get a warrant to get the baillifs to go and see them to recover these costs. I am not sure in fairness that talk of indemnity costs etc. helps the personal litigant much. If you have paid your solicitor and can afford it, then you (or he/she) can ask for the costs from the court. If you can't, then go on your own, they won't usually turn up and you can say you have spent a lot of time on line preparing.

 

What won't happen is that the court will make an award of costs so that you can go and instruct a solicitor to defend you or prepare a case. The Hammonds and Pro fit case is a commercial winding up petition case and subject to some different rules to personal bankruptcy in order to protect trading companies from being wound up unfairly.

 

The statement by capquest is outrageous.

 

"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"

 

If anyone comes across this statement in a letter again in a SD hearing, point out the court that they have just made your case against them for you. Before issuing proceedings they should have been in possession of the CCA and secondly, the correct venue for hearing the case was the County Court as you had already raised a valid dispute. (But they can't do that as the haven't got the CCA. Catch 22 for them) This will increase the liklihood of costs being awarded.

 

Hope you won!!

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Tiger....thought you might be interested to see this today !!!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161411-off-court-within-week.html


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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Hey guys again thanks for extra info shame i missed this before I left anyway......

I went for hearing, first Judge opened by reading out purpose of hearing then saying "i see the other side havent bothered to turn up" and raised an eyebrow

The judge then aksed me why it should be set aside then went thru my affadavit before I had chance to speak, she asked me about the fact that the amount outstanding was higher than it should be - i said there were extra charges added on top which i have never received a breakdown for etc. I then prompted the judge about the letter I received from Capquest (copy they say to Court) saying they agree with the application to set aside, judge said they did not have letter there so she took my copy and read it, she then looked at me and shrugged and said ok ill grant the set aside. I then pushed for costs but this kind of got her back up, she said (eventually) I could put a claim in for litigant in person (£9.25per hour) but I should have sent the outline of my costs to capquest and the court before I went today.

 

So anyways SD is set aside, and by my calendar its just 5 days until the CCA request time limit is up ( I sent it on 18th August - can someone check ive doen my sums right???)

 

So thanks to everyone in this thread that has helped you guys are great, now I guess i wait for next step of action but in the mean time I have a few more creditors and a lot more queries!!!!!

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Well done....great news....!!!


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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is it? Is it all over or is this the beggining? thats the bit ive really struggled to grasp, what will they do now? CCJ? I heard one of those rumours that you cant get a CCJ for credit card???

 

 

But thanks 42, and also Saintly - great you guys are online late when we are in a panic!

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Well Done Tiger :)


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Time limit for a CCA request is 12 working days. Sent on 18 August and acknowledged by Capquest they had, by my reckoning until Friday, September 5 to provide you with this information - there was a bank holiday in August. Allowing for the Royal Mail the limit well and truly expired on Monday, September 8. Their failure to provide puts this matter in dispute. If these cretins come and chase you again you have this request and their failure to throw back at them - bit like a grenade really. If they pass the ball to another debt collector then they can be told to feck off because the matter is in dispute with Capquest. You could ask Capquest to confirm they have buried this matter. I'd ignore them and see what they do next.

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Congratulations :D


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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I then pushed for costs but this kind of got her back up, she said (eventually) I could put a claim in for litigant in person (£9.25per hour) but I should have sent the outline of my costs to capquest and the court before I went today.

 

Well first off congratulations!!!!!!!!!

 

WE REALLY NEED TO BE PUSHING THE COSTS AND MAKING SURE IT'S DONE CORRECTLY, THE MORE THE DCA HAVE TO PAY THE LESS WE WILL SEE THIS TACTIC USED.

 

THIS CAN NOT BE STRESSED ENOUGH.

 

MAKE THEM PAY!!!!!!

 

How about we sticky the court success's of CAG members this will be a great inspiration to other members.


We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Great news tiger...

 

Sorry about the cost tho.

Just proves the Judge on the day.

The Judge I had today was disgusted with CON issuing the SD and awared me all my costs.

 

Think is tho it is set aside so well done again!!!

 

HAK

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Congratulations Tiger - as the song goes......."another one bites the dust!"

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ok guys so i finally got my cca - sent to me on 9th october in response my my request on 18th August - wht happens now - this is over the 12+2 plus 30 calendar days yeh?

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The 30 calendar days are no longer in force.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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the 30 days was repealed this year.


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oh ok, got that info off here! damn the old threads, ok so I have had the SD set aside and the CCA has bee semt too late - i presume its now a letter from me saying, you have failed to meet such and such requiremnt of my CA within 12+2 days, as such due to XYZ legislation the debt is now no longer due reponse? is there such a letter in template format?

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Sorry, not quite so lucky as that.

 

The debt is only unenforceable and they are not allowed to pursue until such time as they can produce the CCA.

 

So if the CCA is legit, you're going to have to come to a payment arrangement with them or let them obtain a CCJ!


When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA


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