Statutory Demand from CapQuest: **WON** + £425 COSTS

[SusanSusan]

Received a SD from CapQuest re: a very old Egg loan from 7 and a half years ago. Was a bit worried, but then came across this site and all you helpful folks and great postings

 

I read scores of posts - and thus went to the court, and filed a SD set-aside request, that looked very impressive as it was an almost straight cut-and-paste from some wonderful post here!

 

It's the normal rubbish from CapQuest: statute barred for starters (no contact with them for at least 7 years); no CCA; CCA could be rubbish; no assignment; no default notice; don't admit the debt etc.. etc..

 

The hearing is set for mid-October.

 

So I'm hoping to put an expenses claim in and then make a donation here! Many folks are in a terrible situation, and my heart goes out to them.

 

But I have a few questions if I may - more to do with tactics. I haven't found the answer to these anywhere on the forum, and thus I hope they are a help to all members:

 

1. Should I issue CapQuest with a CAA; and then Egg with a S.A.R. - I think that's the right way round? (can't find an absolute answer to this here).

 

2. More importantly, would it be better NOT to issue them with these requests - incase they actually manage to come up with something? Not that I'm worried - they would be too old - but rather, does it not look better to the judge (and my expenses claim ) that they have given me no paperwork at all??? Or would it be better to show that I had enquired with them??

 

3. If I don't ask for them; can they spring me with them on the day? That's assuming they turn up...

 

4. Can they submit stuff in advance to the court - and then I must be sent copies I assume??

 

5. From what I've read here, they are churning these out here and then not turning-up. But can they apply to the court in advance to have the whole thing canceled - ie: their request in the first place - thus depriving me of my expenses!!???

 

6. Am I correct in thinking that I should send my proposed expenses in advance to the court? I've seen a template on the forum - about 7 days in advance?

 

7. I can't really think of anything to add to my skeleton argument, unless I start including some of the long defenses I've seen on the forum with lots of case-law quotes - but these are more for County Court Summonses I think.

 

Many thank for all you help in advance.

[postggj]

hi susan

 

i have been involved in a thread on an sd where the application for set asside was refused

just one question which is the crunch

 

how did the dca give you the set asside

by

1st or2nd class post

or in person

[postggj]

you may need to check out this thread

ive not come across any sd been refused before and its prob down to the judge on the day

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/156952-mmm-not-easy-first.html

[SusanSusan]

Many thanks postggi. I had not seen that thread - but have now read it in full!

 

I made a stronger case than the defendant in that case - indeed my case is much stronger. eg: the SD gives the date of the agreement as over 7.5 years ago; plus I have no knowledge of it whatsoever, and have received no correspondence regarding it from CapQuest - apart from the SD etc..

 

In addition, the court have accept my request for a hearing and given a date. But I shall be sure to be aware of the points raised in said thread regarding non-compliance with with CAA and SAR requests.

 

That thread does relate to my question: am I better off applying for CAA and SAR? I mean I can't see that I'm going to turn-up at the hearing and if the other side appears they are going to just claim I owe money with no paperwork???

 

The SD was served on me by 1st class post. One of my points in the set-aside request was that the SD was made by "regular post" and therefore frivolous etc..

[SusanSusan]

As I understand it, CapQuest/Egg should have preceded the SD with a CCJ? Is that correct? ie: they have to prove the debt before they start bankruptcy proceedings?

 

Thanks again.

[42man]

no not neccessarily, if there isn't a CCJ then they can still apply for bankruptcy, but if the debt is statute barred then that alone is a solid defence for getting it dismissed...don't forget to claim your costs too...

[SusanSusan]

Thought I'd post this here first - and then it can be moved to the WON section.

 

Won my set-aside case yesterday in the High Courts of Justice in the Strand! Took just 5 mins.

 

Normal rubbish from CapQuest - no evidence whatsoever; statute barred; and they send a silly letter rather than turn-up in person. ie: saying they could not proceed with the SD as they had no evidence! ...needed time to go and find it etc.. etc..

 

The interesting thing was, the judge seem to have no interest in what I had to say at all, and just scanned the paperwork. When I started quoting from my statement about SDs not to be used as a method of debt collection etc. he just said "...I wish I had a pound for every time I've heard that".

 

He just sat there in silence writing out the set-aside order and agreeing to my costs of £425 without asking one question. Job done.

 

Note that I did send a schedule of my costs to the court and CapQuest 7 days before the hearing.

 

The feeling I got was that the judges are sick of the behavior of the CDAs. I also felt that if my costs were £1,000 he would have agreed to that! You should claim the maximum - they can only reduce it, if they think it's too much!

 

I claimed 22 hours at £9.25 plus 2 half-days of loss of work at £180 pd etc.. etc..

 

So now CapQuest have 14 days to pay-up - or it's the bailiffs! Plus I will be sure to complain to the FOS so they get hit with a £450 fee.

 

Thanks to all here, I couldn't have done it without you!!! A donation is on it's way.

Edited October 7, 2008 by SusanSusan

[42man]

Threads merged Susan....VERY WELL DONE.....luckily you had a good judge, another cagger today had a poor one !!! if only they were all consistent with yours HAK's and GaryH's...!!

[SusanSusan]

Thanks 42man.

 

Could you perhaps put the £425 in the subject of the thread? That's the bit I'm particularly proud of!! Thanks.

[Prudence]

Congratulations Susan! Very well done! You should be proud of yourself. I too was successful in getting my SD from Capquest set aside recently, only I didn't research anything about costs and so when the Judge asked me, I was taken aback and said I had none (even tho I had lost work to go there! Doh!). (CQ had written to the Court with a copy to me - letter arrived the day after(!) - to request the Court not to allow any costs!! Cheeky!) So top marks to you for being on the ball and again a big pat on the back!

[SusanSusan]

Thanks Prudence - it seemed you did a good job as well!

 

At least formally complain to the FOS (see other posts) - which means that the FOS levy a £450 fee to CQ simply to investigate the matter!

[Alphageek]

Well done Susan.

[SusanSusan]

Well - got my cheque for £425 from CapQuest today!! Very funny - been showing it to by friends who are in disbelief and asking how they can get CapQuest to send them a SD!!!

 

I was actually a bit miffed they sent in so quick. Even before the hearing I sent them a "last warning before bailiff action"; and I had worked-out how to send the bailiffs in if needs be. Would have been very satisfying.

 

I've been fortunate - others here have had to make do with £25 and the like.

 

I'll be making a donation for all the help from this site.

[silverfox1961]

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