Capquest Statutory demand help Urgent **WON + COSTS**

[stuscfc]

In part c it says assignee is Capquest and the particylars do refer to an assignement from the original creditor passed to capquest in xxxxxx xxxx also they have added over xxxx pound in interest aswell.

Edited August 25, 2008 by stuscfc
due to safe guards aginst dca snooping

[surfaceagentx20]

OK, then may be notice of assignment was properly given. Not having seen what was sent in 2006, I wouldn't know for sure.

 

If the Particular of Debt refer to the assignment of the debt in summer of 2006, they ought also to specify when the debt was incurred. Do they give any information about that or do they keep mum?

 

As for the interest, they should include a calculation. Do they and if so from what date does the claim for interest run?

 

x20

[stuscfc]

They give the specific date that the debt was assigned from the original creditor to them and the original date in the particulars when the original agreement was taken out and the agreement number.

 

The sentance reads " The total amount due as at the date of this demand is xxxx which includes interest of xxx which has accrued since the assignment of the debt". That is what it says in the last part of the particulars.

 

Basicaly the letter i had in late xxxx was saying they had been assigned the debt and that i owed so much and to phone them to sort out payment. I am leaving out dates and stuff on purpose lol but thats the jist of it.

Edited August 25, 2008 by stuscfc

[surfaceagentx20]

Just give me what you call the original date when the original agreement was taken out.

 

x20

[stuscfc]

xx august xx is the original date

Edited August 25, 2008 by stuscfc

[surfaceagentx20]

OK, where I say in para 3

 

'..gave rise to a cause of action accruing not later than in or about 1997'

 

substitute '1997' with '1999' on the basis of your statement that nothing had been paid for 9 years, appearing in post no1 in this thread.

 

x20

[stuscfc]

Sorry for late reply needed food lol. Ok will do that will put it all together tomorrow now need some rest from this.Thanks for you help mate much aprechiated.

[surfaceagentx20]

Oh, and er change 2003 to 2005, right!

[stuscfc]

Hi again this is how it looks now.

 

 

 

I (NAME) of (address)

MAKE OATH AND SAY AS FOLLOWS

 

1 That on (date) the statutory demand exhibited hereto and marked “A” came into my hands. .. by second class postal delivery.

 

 

2 In any event the debt is not a judgment debt but a simple debt that to the best of my recollection and belief gave rise to a cause of action accruing not later than in or about xxxxTo the best of my recollection and belief, no legal proceedings upon the cause have ever been issued or served upon me in consequence whereof; the right is now barred and has been so barred since in or about xxxx by reason of the provisions of The Limitation Act 1980 section 5.

 

3 In the circumstance I seek an order of the court that the statutory demand be set aside and that the Respondent be ordered to pay my costs of and occasioned by this application.

 

SWORN BEFORE ME

this day of 2008

 

Officer of the court appointed to take affidavits.

 

So any thing else need adding.

Edited August 25, 2008 by stuscfc

[surfaceagentx20]

Looks pretty ticketyboo to me

 

x20

[surfaceagentx20]

I just noticed your draft affidavit does not include an express denial as I had intended with the original drafting.

 

I suggest it should read as follows:

 

1 That on (date) the statutory demand exhibited hereto and marked “A” came into my hands.

 

2 That I do not admit the debt set out in the statutory demand because the debt is not a judgment debt but a simple debt which to the best of my recollection and belief gave rise to a cause of action accruing not later than in or about 1999. To the best of my recollection and belief, no legal proceedings upon the cause have ever been issued or served upon me in consequence whereof, the right is now barred and has been so barred since in or about 2005 by reason of the provisions of The Limitation Act 1980 section 5.

 

3 In the circumstance I seek an order of the court that the statutory demand be set aside and that the Respondent be ordered to pay my costs of and occasioned by this application.

 

x20

[stuscfc]

Thans for the reply m8 will sort it now thanks.

[stuscfc]

Sorry to be a pain havent realy thought about the costs aspect till now only touched on it.Do i take down with me to the court a list of costs when entering my set aside forms or at a later time.Thanks:)

[surfaceagentx20]

Later.

 

First get the application in and a date for the hearing. You should get a date for hearing. Then let us know when the hearing is to take place. I'll guide you through the costs aspects in due course and at the right time.

 

x20

[stuscfc]

Ok thanks m8 will do just thought it was to earlier a stage to put in a cost claim now. should i still put in this on the form (that the Respondent be ordered to pay my costs of and occasioned by this application.).Or is this basicaly letting the court know i want to be compensated for my time when that time comes.

[stuscfc]

Sorry for being to analitical just want to get it just right first time lol i would have gone through countless drafts by now lol.

[surfaceagentx20]

Ok thanks m8 will do just thought it was to earlier a stage to put in a cost claim now. should i still put in this on the form (that the Respondent be ordered to pay my costs of and occasioned by this application.).Or is this basicaly letting the court know i want to be compensated for my time when that time comes.

 

Submit the affidavit as appears in the latest draft. The final paragraph records what you want the court to do at the hearing of your application. It also informs the opposition that you're gunning for them.

 

x20

[stuscfc]

Thanks m8 yes i will do that tomorrow also nice to see one of the little boys get even with them elsewhere on these forums and how desperate are they to have done what they did but a tad silly i think.

[stuscfc]

Hi just got back from the court.Swore the oath which was done at the front desk and the clerk basiclay said hopefuly should be but up for hearing in the next few days and a date for the next few weeks.Just the waiting now which will be nerve wracking but thanks sufaceagent you have been a star and i may need your help for the next round

[surfaceagentx20]

Any time stu, any time.

[stuscfc]

Hi got my date for hearing to set aside to day phoned up the court to find out what was happening its for the 21 of october.

 

So now what to do before going to court for the defence.Should i send and cca requests or SAR letters out to the relevant ppl also any help and ideas would be great.I have been to court before with another matter which i won so not worried about going the DJ was great tbh the last time did nothing but help us seamed to hate these companies lol but that was for a different thing altogether.So any advice would be great thanks.

[42man]

If you are 100% sure that the debt is statute barred then in my opnion you shouldn't need to send off for CCA's and SAR's if you aren't sure then send a SAR to the original creditor and a CCA to Capquest....looking at other threads they don't seem to turn up very often...(CLAIM YOUR COSTS TOO !!!)

[stuscfc]

Thanks for the reply well as far as i can think back maybe 8 years since last payment cant find out from my bank as they only keep records for 6 years and i got my credit file saved on here and nothing on there only a link to adresses from 99and i have moved houses 4 times since then.I was think about it just to cover all angles but dont think they would send back the documents in the time i go to court anyway as they have 40 days for the SAR and can drag out a cca aswel.I was just wondering as the type of questions the DJ would ask basicaly with out incriminating myself into admitting the debt in court if they ask like did you have the debt things like that tbh.

[surfaceagentx20]

If your bank's records go back 6 years and that has drawn a blank, that, coupled with your view that in reality you haven't paid them a bean in 8 years, suggests you're home and dry on the limitation defence.

 

I would say there is nothing further to do at this time and a SAR is not going to place you in a better position and would be a waste of a tenner. It will be for the DCA to produce evidence that the grounds on which you have applied to set aside the SD are misconceived. Pretty much then what you would be looking for with a SAR. That evidence will be in writing and delivered to you before the hearing. Unless they can produce unarguable evidence that the limitation defence is hopeless, we are in a dispute situation and the court will strike out the SD.

 

As and when and if the DCA serves evidence, let us know what they say. In all likelihood the next time you hear from them it will be to say their SD is withdrawn. Then beat them up for costs.

 

I would not expect the DJ to ask you any awkward questions unless something comes out in the DCA's evidence.

 

If you have nothing at all from them by say a few days to go to the hearing, post here again and I'll help you with a crib sheet and the procedure to ask for costs.

 

x20

[stuscfc]

Thanks m8 advice noted and i shall still be hanging around here to help if i can and to keep an eye oh these threads.Not sure what Cap west will do now will see i suppose lol but i am all most certain they will not be at the court the drive would kill them and they would have to leave there office hevens forbid lol