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

[stuscfc]

Thanks m8 for the info so basicaly they just cant through out an SD on a technicality such as service as in by post not hand is that correct.I was just looking at the case law on these cases and wondered what it ment in laymans terms.

Also thanks for your help in this case m8 and 42 mans.

[surfaceagentx20]

If a debtor presents an application to set aside a SD and his only ground for having it set aside is that it was served by post, he is guaranteed having his application thrown out.

 

x20

[stuscfc]

Well just got back from court and i WON .They didnt show up the judge noted that (which was a surprise not) and went straight on to the letter they sent saying that they were willing for the set a side but no costs.Went through my bit but to be honest most of it was on the costs i had sent in.Basiclay he halfed it 1 day off work 9 hours research said about a solicitor would take but realised i wasnt and chuckled and said hed take that into account so came away with a summary order of 200 pound to be payed within 14 days but he did say they could challenge that if they so wanted as its there right.After being very nervous, good job the wife was there to prompt me, turned out well.I did mention this web site to him and what we do here and he nooded as if he knew.So im relieved now that thats over with thanks all for your help in this matter and i will be sticking around here as its a great site. Special thanks to X20 and 42man great lads thanks:D

Edited November 25, 2008 by stuscfc
spelling and wrong wording

[stuscfc]

So another SD from Cap quest bits the dust loverly man that judge hope this will help others who are going through this now and in the future.

[tiglet]

Yeah! Well done!

 

(Feels great, doesn't it?)

[stuscfc]

Yeah walking around in a daze after tbh heart was in my mouth but it does feel good like sticking your fingers up at them tbh lol.Will celabrate when the monies come through and give something to this site as i couldnt have done it with out the peoples help on here.

[42man]

Really great news Stuscfc well done.....very pleased for you !!!

[42man]

I would urge you to complain to TS, FOS and OFT !!

[PGH7447]

Well Done, these wins must start to hurt these companies in the pocket, if judges are handing out costs:D everytime

[stuscfc]

Thanks m8 and looks good that WON part.I will put in a complaint with the of t and fos.Would the tc be there local one or is it all under one now but will do that tomorrow need to relax a bit first lol and working this afternoon unless i book a day off lol,but thanks again for your help.

[stuscfc]

He was quiet willing to hand out the costs worked it all out but not the full amount was trying to be fair tbh.I had put close to 400 pound in costs but half is good.Anything for the stress and worry over the last few months.

What i did notice was most of the cases there were for reposseion of homes felt sorry for the people there wouldnt like to go through that.(cant spell for chips)

[PGH7447]

What i did notice was most of the cases there were for reposseion of homes felt sorry for the people there wouldnt like to go through that

 

Been there done that, got the TShirt; must admit it was quite nerve racking, but the judge I had ripped into the mortgage lenders solicitor with a right vengence, and told him to accept my proposals for paying off the arrears, and why was it in front of him

 

Then told me to stop being an "Idiot" and to prioritise my debts:D, so I did and git involved with all the nice DCA's and their evil ways

[stuscfc]

What makes me mad is the real lack of a supervising body that will actualy do anything against these companies.They must have a load of complaints about these companies but from what the tactics they use they are basicaly doing what they want with trying to ruin ppls lives with stress and worry.Thats what realy makes me made and i told the judge that these SDs are just scare tactics as its obvious they never intended(as with others cases) to take the maters further along the insolvensey route as they know they will payout for it but wouldnt not be priority creditors.As they are in it for profit the loss of monies is not what they want but they have today.

[stuscfc]

Good day to you all just phoned Trading Standards on this mater to get the ball rolling on the complaints about CQ.Was told its a possible breach of unfair trading regs 2008 and a consumer protection issue and will be past to my local trading standards office.Also told to contact the OFT with it in writing.So the ball is rolling.If i get anymore threating letters the i will be clasing it as harresment now as i seam it to be over and may take court action again against them over this.

[stuscfc]

The FOS have told me that for them to look at cap quest i would have to complain to CQ through there complaints procedure first.They would have 8 weeks to look at the complaint and then if i was not happy with the out come then they will look at it.HMMM would they realy do anything i think not (CQ that is) as complaints are probable going on and they are still sending out these SD for statute barred debts and other unenforceable debts.

[noomill060]

Play the game, make a complaint to CQ and give them 8 weeks.

 

Then go for it with the OFT.

[stuscfc]

Thanks for moving this thread to the won sectiom.I will shall i contact them and ask where to make to complaint to and who or just write.Writting maybe the best answer after they have sent my costs maybe lol:)

[stuscfc]

Had confermation of the set a side from the court and the cost summary also.A question is the 14 days they have to appeal against it or pay it working days or as just 14 days including the weekends as the 14 are up on the on the 9th.

[ODC]

14 Days including the weekends.

[stuscfc]

Hi well nothing in the post today there last day is tomorrow so i contacted the court to ask what to do if nothing shows, quiet funny in a weired way, but the lady on the phone was not sure tbh as not paying she hadnt heard of before.I know they have tomorrow but if they dont then i have to send in a letter on wednesday saying that i havent received anything for my costs and it will go in front of a judge.So waiting to see what tomorrow brings now.

[42man]

Not sure if you'd seen this one stusfc - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/116591-1st-credit-stat-demand.html

[stuscfc]

Thanks m8 yes been reading that thread and looks like i will have to go down that route as i havent had anything in the post today and the court said now that once it has been awarded it is up to me then which way to go.They are sending out a booklet and forms for me to look at and it will cost me more so will hopefully get this back from them aswell not sure how long this process will take.Was thinking should i phone cq on this or just go down the court enforcement route.They have still got a few days as this will take sometime i think to set up and xmas post but as i received this last wednesday ,and looking at tiglets thread, they have had the ime to send it out.

[tiglet]

I would give them a call - you may save yourself some money - it's possible they haven't received it due to the Christmas post.

[stuscfc]

What would i say to them give me my money or the bailifs are going in.I could phone them i suppose but in all honesty i dont want to deal withthese cretins.

[tiglet]

I would just phone the legal department and ask if they have received the order from the court and if they have sent the cheque.