Crapquest SD set aside and costs awarded, Yay me =O)

[Elenathion]

Today I had my hearing to have my crapquest SD set aside. Nobody from crapquest turned up and I won because of a fake deed of assignment that they sent me that the judge agreed was fake. I submitted costs and the judge agreed £150 of the costs. I'm so pleased. Just got to see if they pay up now, the judge has given them 14 days.

[saintly_1]

Well done you

[FunkyFox]

Excellent, and if they don't pay you can can take THEM to court. hehe

[Pinky69]

Well done - and it's great it was against Capquest!!:grin::grin::grin:

[PGH7447]

bloody well done:D

[rameses_qc]

Now you should inform the constabulary that Capquest have attempted to obtain money by deception and also see the fraud Act 2006. Why should these criminals get away Scot free?

[simonjohn]

Now you should inform the constabulary that Capquest have attempted to obtain money by deception and also see the fraud Act 2005. Why should these criminals get away Scot free?

 

Here Here.

 

Any debt collection agency that uses a S.D as a orm of debt collection should be punished to the full extent of the law, ( Including a claim for costs).

 

Any member of this forum who have had a S.D, for any debt that is legaly in disputefor whatever reason should apply for a SET ASIDE, and when set aside should apply costs against the D.C.A.

 

When this happens, Then the D.C.A will get the message that applying for a S.D will cost them more than they bargaind for.... A lot more than the 1st, or more usualy 2nd class stamp they paid for....

[MONX]

Today I had my hearing to have my capquest SD set aside. Nobody from capquest turned up and I won because of a fake deed of assignment that they sent me that the judge agreed was fake. I submitted costs and the judge agreed £150 of the costs. I'm so pleased. Just got to see if they pay up now, the judge has given them 14 days.

 

 

Well done Elenathion,

 

Congrats!....can I ask, was the deed of assignment the only reason the sd was set aside or were you disputing other aspects of the SD/debt?

[Elenathion]

Oh I disputed everything about it lol. I think the judge concentrated on the deed of assignment because it was a clear concise thing to base his decision on.

[MONX]

Glad to hear that Elenathion,

 

Ive got my case in two weeks time, I am hoping to get a similar decision. I am not so bothered about costs, tbh I would be happy just to get the sd set aside or struck out but I will ask for costs anyway.

 

You must feel on top of the world right now lol!

[ODC]

living up to their CRAPquest nickname then I see

[JonCris]

Report them to both TS & the OFT for trying to enforce a debt by using what the court agreed was a false document.

 

That should help their next CCL review

[SusanSusan]

Well done!

 

If the Judge was of the opinion that the document was fake, then surely you might consider a trip to your local police station and reporting the matter. I mean this is a serious offense, and the you might be surprised how seriously they take this. They might pass you on to a specialist team that deal with this sort of thing.

[rameses_qc]

That's what I said. I also don't think you should go down the TS OFT route as Capquest have, on the face of it, committed a serious criminal offence for which the company can be prosecuted, and also the director/directors can receive a lengthy prison sentence. Go to the Police. the fact that the Judge has said the assignment paperwork is fake, will add real weight to any prosecution. If you tell OFT and T/S the Police investigation would be compromised by their inept blunderings

[JonCris]

I'm not suggesting TS & the OFT as an alternative to the police but only as an addition

[palomino]

That's what I said. I also don't think you should go down the TS OFT route as Capquest have, on the face of it, committed a serious criminal offence for which the company can be prosecuted, and also the director/directors can receive a lengthy prison sentence. Go to the Police. the fact that the Judge has said the assignment paperwork is fake, will add real weight to any prosecution. If you tell OFT and T/S the Police investigation would be compromised by their inept blunderings

 

I would respectfully suggest that a judge's opinion is not evidence, or at least not to the extent that it could be used as the basis for a complaint to the police. But it's worth a go to find out.

[FunkyFox]

I would suggest that if there is sufficient evidence or doubt cast on the validity of the SD documentation and the NoA then it is up to the police to investigate and unearth the evidence by conducting searches and interviewing personell etc (i'd pay to watch that!). Then armed with the evidence the CPS would decide to proscecute CQ or not.

 

Go for it I say.

[pt2537]

if the judge found as a matter of Fact that the document was fraudulent then that will be very useful in any complaint of fraud to the police

[JonCris]

Correct PT

 

There is a current member (which I can't name until the investigation into a bailiffs criminal behaviour are concluded) who had his case adjourned by the Judge whilst he (the member) reported the bailiffs conduct to the police who are now investigating

 

Incidentally the bailiff had his cert suspended by the Judge at the outset until Police enquiries are complete:D

[MARTIN3030]

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

[Elenathion]

I have a complaint form on the way from the financial ombudsman =O)

 

Incidentally, Capquest have until the 9th Sept to pay my court costs. Does anyone know how I proceed if they don't?