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

[MARTIN3030]

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

[stuscfc]

Hi i think crap west got the court papers as i had a letter off them today.Basicaly saying that they were going back to the original creditor for more info and will be get back to me with the info within the 28 days.Quiet funny in someways as shouldnt they have all the info when they bought the debt or is it time for them to try and wipe something out of thin air to stave off me having it set a side and going for costs.Probable there christmas party fund is running low with all the SDs going to court and them not turning up.Should i be doing something else now before court as its a good few weeks away just feel like im twiddling my thumbs at the momment but maybe let them do all the work and i respond to it then.

Edited September 13, 2008 by stuscfc
forgot something

[stuscfc]

Hi again well its only a week or so till i go to court with this so i have to start to think about what to take to court as part of my defence.I know about asking for costs and the rate at what its set out at.Should i send a copy to the court and to crap west before the court date.

Also as part of my defence shall i take copies of all the letters i have received of them in the last 2 years and a copy of my credit file for the judge to look at.Not sure how to go about this tbh.Thanks

[42man]

Take as much paperwork as possible stuscfc....show him all the research you have done on the Insolvency Act and Consumer Credit Act and Statute Barred law also.....send/fax the costs to the court 24 hours before the hearing.....!! or if you are going to post it, make sure it arrives at the court 24 hours before the hearing....

[stuscfc]

Thanks for the reply m8 will have to do some research on the relavant acts.I know about the statute barred and have an idea about the Insolvency Act but not sure how Consumer Credit Act can be referanced to this maybe im being thick lol but didnt have a clue before i came here to any of this at all.But i will be making a donation to the site when all this is sorted as i wouidnt have gotten to this point with out cags help.:)

One thing im not worried about court i have been there before 2 years ago with a well known doorstep money lender and won the case and did all the defence myself but i am finding this more difficult or maybe its due to all the other stress going on apart from that i dont know.Anyway thanks for your help.

[stuscfc]

Well today i have had the worming out of costs letter from crap west.Been expecting it realy tbh.Basicaly as had by others they still think its due but trying to be nice to the court and not waste there time they are willing for the judgement to be set a side how good of them but dont want the costs added what a surprise because they need more info from original creditor and may not be able to get it in time hmmm only had leters off them for 2 years lol.

So what should i do now do i still go to court and send in a cost break down first or do i contact the court any advice would be greatfull.

[42man]

Yes go to the court......send in your costs 24 hours before !! Send them an email / letter saying pay my costs or I will appear and claim them there !!!....2 years of their harrassment, if it was me i'd make them pay....get the judge on your side, show your disgust at their behaviour, and get your costs...!!! I notice how they have said 'willing' rather than we have written to the court cancelling and paying your costs.....If you feel up to it, try ringing the name and number on the demand form, speak to the contact on the demand form, if they don't put you through then this is also an abuse -

 

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid

 

----------

 

Tell them in no uncertain terms, that unless they pay your costs AND give you written confirmation that they are withdrawing it, you WILL get the judge to order it....

[stuscfc]

Hi thanks for the reply.The last paragraph reads as follows bear in mind its a template TBH.

We do not acept that 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 the County Court which will allow the applicant the opportunity to defend the claim.

That is what the last paragraph says.So do i send a letter with costs to both the court and them and then just go to the court on the day stated and let the judge deal with it and award the cost. Just getting my head around this as i am in work afternoons this week so havent got much time to do much in the mornings.

[42man]

They have given you 2 years of grief, they were quite happy to send you a stat demand....and now they come out with all the spurious rubbish as said above.....and still in a threatening tone (why send you a stat demand if they can't back it up ???!!!). Send the costs to the court 24 hours before the hearing, show the judge your paperwork, explain their abuse of processes and the fact that the debt is totally disputed, and despite this they are still continuing their action.....if it was me I can't think of a better day out than a visit to the court to try and 'fillet their donkey' !!!

 

If you get a good judge you'll get your full costs and the forked tongue of the judge towards the DCA.....if you get a not so good judge, my feeling is that he/she will still set aside...but may not award costs or not pay quite as much as you want...

[stuscfc]

Thanks 42 man (my fav number as a level 42 fan lol) i have no quarms about going to court and telling him or her what its been like ppl have enough on there plates now with out these dcas doing this but the sad thing is they are rubbing there hands at the momment as debts rise.

I have aready started to get the paper work together for this and may phone the number on the sd this week some time the time i have spend on this going through the net and phone calls for advice about this must add up to a few hours and had to take 1 day off and a day next week to so will add them to the costs as well.Also 1 may send a letter to the OFT as well just for good measure.There is a thread on here somewhere where this happened to someone else but cant find it if anyone has a link i would be greatful thanks.

[42man]

It may be in the legal success forums.... have a look here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

Level 42 who ?

[42man]

I know Mark & Nathan...!! and have met Mike Lindup, Gary Husband, and Lyndon Connah

[stuscfc]

Thanks and one of the best jazz funk bands of the 80s i thank you lol;) Who are touring as i speak but no money to go see them :(

[surfaceagentx20]

42 man is right. You should attend court to ensure the SD is set aside. You may also seek a costs order. To achieve a costs order you should draw up a bill of your costs for summary assessment and deliver it to the other side not less than 24 hours prior to the hearing. Use the name and address given in the SD for communication as the name and address to send your bill.

 

Use Form N260 to produce the bill. Enter the case particulars in the heading and leave the name of the Judge blank. The form is drawn for the use of lawyers but you may modify it as follows:

 

At description of fee earners write at (a) 'Litigant in Person'.

 

At 'work done on documents' insert at (a) a number as the number of hours you say you have spent on dealing with this matter. The hourly rate will be £9.25.

 

Then at 'Attendance at hearing', at the first (a) put the number 0.5 at £9.25 at at the second (a) (Travel and Waiting) put a number for the time it will take you to travel to and from the court pus 0.5 for the time you are likely to hang around waiting.

 

Then on page 2 insert a price for your travel, parking etc expenses.

The form will compute the values and spit out a total.

 

Incidentally I supped with Gary Husband in around 1983. I just wandered in to this boozer in Headingley, Leeds and there he was, on his todd propping the bar, totally off his face. At the time he was touring with Allan Holdsworth and Gordon Beck and I'd been to a couple of shows. Funny ol' world eh?

 

x20

[42man]

I have drunk (not been drunk) with GH at the Jazz Cafe in London !!...

[42man]

Thanks for the form SaX20

[stuscfc]

Thanks for the replies guys havent been able to get back to you sooner my Pc has been playing up.I will sort all that out by friday to post them out to the relavant parties as long as my pc doesnt go on me again.

 

As to Level 42 chat as this has become saw alan holdsworth when he played with l42 at hamersmith odeon in 90 when they did the 18 night stint there. been to see them a few times in to double figures by now i think lol and GH one of the best all round musios i have seen tbh.42 man will have to make you a friend now old bean lol. I some times post on the digest but havent for a while but will leave more chat to Pms about that lol as this isnt the place tbh so thanks for that and will let you know if i need more info.

[stuscfc]

Just a few quick questions about costs so i can send in my costs claim to court.

1, is the a set milage tariff for fuel.

 

2,would 20 hours be deamed reasonable for time spent in research for this case even though it feels like im on the pc look up things about it all the time lol.

Any advice would be great thanks.

[42man]

I would just round it off stuscfc....20 hours sounds fine for reasearching Insolvency Laws, Consumer Law, Consumer Credit Act.....take all the relevant paperwork with you too, so the judge can see what you have done....

 

Have a read here too....especially the bit about the judge and costs...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/161411-off-court-within-week-2.html

[stuscfc]

Nice one thanks m8 just one more thing do i have to send a copy to Cack pest as well.

[42man]

Fax the court and CQ 24 hours before....there is a good form here too to adapt which the ever great SAx20 recommended - have a read - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/156641-capquest-statutory-demand-help-4.html#post1765170

[42man]

hahaha sorry he added it on this thread !!!! DUH !!!

[stuscfc]

Top man and yes i have seen that will do that later work it all out first then add it to the form later. Thanks m8 and x20 (sounds like a spies name from james bond lol )

[42man]

40p per mile Stuscfc....for claiming...

[stuscfc]

Just had another letter as i was typing from CQ it goes...

 

Following our previuos correspondence,we are still endevouring to obatin the required information from xxxxxxxxx regarding your account query.(i havent queried anything just sent SB letter and court papers)

We are discussing your case with xxxxxxxx personally and we hope to resolve this matter very soon.

 

What is the point to that letter as the one yesterday basicaly said similar.