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

[stuscfc]

Basically i have received an SD off this company the debt is statute barred i have had legal advice from my union legal helpline and have the forms to set aside but not sure what to put in them. I have sent them a statuet barred letter by recorded delivery and they sent me back today a letter saying they have put the account on hold for 28 days so they can get more in fo a ploy i think, but i still have to send in the set aside forms.i will paste what i have done so far and if anyone can help i would be greatfull as i have no idea what to say.The forms have to be in friday as the last day falls on the bank holiday monday.

 

 

For ©

2. that I © Do not admit the debt because the enforceability of the alleged debt is in dispute:

 

The respondent alleges that I am indebted to it to the sum of £xxxx, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974. It is further alleged that the debt was assigned to the respondent from XXXX. The applicant will say that the statutory demand should be set-aside upon the following grounds;

 

a) I do not acknowledge any debt to the respondent. On the grounds that the alleged debt is statuette barred under the Limitation Act 1980 s.5.

 

 

 

Accordingly, I respectfully request that the statutory demand be struck out or set-aside

 

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

 

This is what i have done any ideas.

PS. the debt is from assigned to them in xxxx not payed anything for about x years or aknoleged it.Sent by second class post not recorded or hand delivered.No ccjs on my credit report apart from an adress link from xx thats it as far as i know.HELP

Edited August 25, 2008 by stuscfc

[stuscfc]

I was reading through the forums for any tips and came across a success story in the dca sub forum success section which has a lot of similarities to mine.On there the person sent a cca request to Capquest i have not done this as i was advised not to as i didnt need to as my defence was it was statuet barred do any of you think that i should do this and put this on the forms when i enter them in to the court to have it set aside or will it not be taken in to account as i would have only just sent it in to them.

[stuscfc]

Thanks for the reply didnt know you had as i was typeing lol. I hope i have getting very stressed and tired and to be honest dont have a clue what else to put in there bit worried as i dont have long till it has to go in and the issue of costs didnt even think about that or where to start with that lol.

[stuscfc]

Thanks for the replies guys.Yea i have had a look at that thread its mindnumbing all the threads and sites i have been looking at lately just to get an idea at what to put in to this defence to make sure its ok.But have to ask this what i have done so far would i need more or can i go with what i have now.My minds gone blank and just so tired as im working mornings.

[stuscfc]

Thanks will do that how do i work out the costs as a realistice figure i have taken a day off work wll half day phoneing around for help like the cls and my union legal help line also a lot of surfing and posting on forums and looking on the web about 3 hour to four hours a dy looking ofr in fo and replying and looking at threadsSo how do i put this as costs.

[stuscfc]

Thanks will do that how do i work out the costs as a realistice figure i have taken a day off work wll half day phoneing around for help like the cls and my union legal help line also a lot of surfing and posting on forums and looking on the web about 3 hour to four hours a dy looking ofr in fo and replying and looking at threadsSo how do i put this as costs. also at this stage should i take letters i have sent them which is only the statute barred one and the last letter they sent me after it as part of this defence or would that be needed later.Sorry to be a pain but this mater is driving me mad lol and the wife is fed up of hearing about it as well.

[stuscfc]

Also when does the 18 days start from as it came a few days from when they have it on the SD. If its a case of the date on the sd then i have only tomorrow to get it in as the 18 days are up on the bank holiday or will the tuesday be ok to submit it.

[stuscfc]

That is a great help and have a very good idea now prob with me is i like to get views and ideas from all angles before i have my way of thinking straight in my head.I have joted down a few things on the pc and will over the weekend put a good case together.Once again thanks all for the help.You have been stars lol as the old saying goes.

[stuscfc]

Hi again after trawling through i have a draft of what my defence is when i go to court next week i am a bit worried as against others it doesnt seem a lot of wording for a defence but have a look

 

For ©

2. that I © Do not admit the debt because the existence of the alleged debt is in dispute:

The respondent alleges that I am indebted to it to the sum of £xxxx, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974. It is further alleged that the debt was assigned to the respondent from XXXX. The applicant will say that the statutory demand should be set-aside upon the following grounds;

 

 

a) I do not acknowledge any debt to the applicant on the grounds that the alleged debt is statuette barred under the Limitation Act 1980 s.5.

b)Attention is drawn hereto as “a” ", in which the grounds upon which the alleged debt is disputed were set out clearly, coherently and in full.

 

c) The respondent has choosen to serve a statutory demand by post received on xx xxxxx xxxx whereas the staturory demand is dated x xxxxxx xxxx. Accordingly, the applicant respectfully requests that the statutory demand be struck out or set aside further, the applicant invites the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

 

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

 

 

I have pinched a few ideas and wording sorry but not been sure on what to put but only what is relavent to myself.Also should i take out the part about costs and add something about the interest that they have now added saying its been for the last 2 years not sure if there is a point of law for this if so can any one help with the right quote for this thanks.

[stuscfc]

Hi again after trawling through i have a draft of what my defence is when i go to court next week i am a bit worried as against others it doesnt seem a lot of wording for a defence but have a look

 

For ©

2. that I © Do not admit the debt because the existence of the alleged debt is in dispute:

The respondent alleges that I am indebted to it to the sum of £xxxx, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974. It is further alleged that the debt was assigned to the respondent from XXXX. The applicant will say that the statutory demand should be set-aside upon the following grounds;

 

 

a) I do not acknowledge any debt to the applicant on the grounds that the alleged debt is statuette barred under the Limitation Act 1980 s.5.

 

 

b)Attention is drawn hereto as “a” ", in which the grounds upon which the alleged debt is disputed were set out clearly, coherently and in full.

 

 

c) The respondent has choosen to serve a statutory demand by post received on xx xxxxx xxxx whereas the staturory demand is dated x xxxxxx xxxx. Accordingly, the applicant respectfully requests that the statutory demand be struck out or set aside further, the applicant invites the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

 

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

 

 

I have pinched a few ideas and wording sorry but not been sure on what to put but only what is relavent to myself.Also should i take out the part about costs and add something about the interest that they have now added saying its been for the last 2 years not sure if there is a point of law for this if so can any one help with the right quote for this thanks.I was also going to put in it was an abuse of process to do this with out a ccj but have read it is not is that the case is that correct.

Edited August 25, 2008 by stuscfc
due to worries about snooping which has been pointed out to me

[stuscfc]

Also just a quick thought would it be worth putting in a copy of the most recent credit report which is dated the xx of xxxxxxx with the set aside forms and copies of letters sent to me by this lot to show that the statute barred rule aplies also say that theere is no record with the bank as the records are only kept for 6 years or would this be an admitance of the debt?

Edited August 25, 2008 by stuscfc

[stuscfc]

Thanks wish i could knock one up like that takwen me about a week to get this far lol thanks.

Edited August 25, 2008 by stuscfc
eddited due to safeguards pointed out to me

[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

[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

[stuscfc]

xx august xx is the original date

Edited August 25, 2008 by stuscfc

[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.

[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

[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:)

[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.

[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

[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.

[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.