Capquest SD letter threat today!

[tiglet]

You need to go to your local court and get it set aside within the 18 days of it being received.

 

YOU don't take them to court - the judge decides if you have grounds for a set aside and then issues a hearing date if you have grounds.

[splosher]

You need to go to your local court and get it set aside within the 18 days of it being received.

 

YOU don't take them to court - the judge decides if you have grounds for a set aside and then issues a hearing date if you have grounds.

 

Thanks Tiglet

I'm still confused though - when i asked for advice, i was told to read the above link because it couldn't be any clearer, but all i can gather from that is i have to print off some forms. I don't know where to send them, how to approach the courts, etc.

As previously stated, i am extremely naive when it comes to financial things, hence the problems i find myself in now.

Can i just ask one thing which may seem madness to all: if i let this run through and i am made bankrupt, why is this a bad thing?

[KER]

Thanks Tiglet

I'm still confused though - when i asked for advice, i was told to read the above link because it couldn't be any clearer, but all i can gather from that is i have to print off some forms. I don't know where to send them, how to approach the courts, etc.

As previously stated, i am extremely naive when it comes to financial things, hence the problems i find myself in now.

Can i just ask one thing which may seem madness to all: if i let this run through and i am made bankrupt, why is this a bad thing?

 

Where to send the forms should be on the SD you've received? If it says "your local court" - ring your local county court (use the courts website to find that) and they will let you know the nearest one you can go to. Print off the forms, fill them in, take them to the court you have found as your "local court", they will then take them off you and stamp them for you then you wait to hear further.

[splosher]

Where to send the forms should be on the SD you've received? If it says "your local court" - ring your local county court (use the courts website to find that) and they will let you know the nearest one you can go to. Print off the forms, fill them in, take them to the court you have found as your "local court", they will then take them off you and stamp them for you then you wait to hear further.

 

Thanks Kyr

So the letter's dated 2nd September and it arrived 3rd Septemeber - does this give me 18 or 21 days from when the letter is dated?

[KER]

You have 18 days from when it arrived I believe.

 

How did it arrive to you by the way? In the post, served personally? was it second class post?

[KER]

oh, and some people draft what they want to say, post it here then get one of the site team to go over it before they take it to court, to maximise the chances of a positive outcome.

[stuscfc]

HI what i had to do was fill in the form go to the court no need for an apointment take it to the counter tell the receptionist what it was for a clerk came took them off me and made photo copies for myself and the court stamped them and then swore an oath at the counter while holding what ever religious book (bible in my case) and that was it less than 5 mins then the wait a week for me as i phoned havent had the papers yet for the date in october and thats it for taking the papers to court for the first part of the set a side procces.

[splosher]

HI what i had to do was fill in the form go to the court no need for an apointment take it to the counter tell the receptionist what it was for a clerk came took them off me and made photo copies for myself and the court stamped them and then swore an oath at the counter while holding what ever religious book (bible in my case) and that was it less than 5 mins then the wait a week for me as i phoned havent had the papers yet for the date in october and thats it for taking the papers to court for the first part of the set a side procces.

 

Many thanks stuscfc

Your explaination is what i needed to help me understand the process. Will try and get this done for next week.

Can anyone give me a good excuse to get the thing set aside? As i do owe the money, what can i say?

[splosher]

You have 18 days from when it arrived I believe.

 

How did it arrive to you by the way? In the post, served personally? was it second class post?

 

Hi Kyr

Just came through my door - i was out and when i came back, the envelope was waiting for me on my mat. The envelope has a printed !st class Royal Mail " postage paid GB" on it: no sign for and no serving to me.

[UK26]

Hay guys, RE: CaqQuest and there use of SDs in way of making people pay. they tryed this with me but ive managed to turn it back on them

 

ive got a solicitor on the case, not cos i needed to, but it looks really good once i take them to court etc for abuse of process.

 

you can view my tread over at http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/157647-capquest-statutory-demand.html

 

my last post number 30 is a letter from my solicitor addressed to CaqQuest having a right go at them etc.

 

also a letter to me from my solicitor saying (here is an Extract from the letter"

 

[fiftypence]

That's an interesting extract...would you have to apply to the high court during the 18 day 'set aside' window or could it be done after that window has closed, do you know?

[UK26]

if you had grounds, i'm sure you would get away with it, needless to say, if you could not set aside, they still need to prove there case before making you bankrupt, so nothing is really lost.

[fiftypence]

The reason I asked was I had an SD and ignored it, I was now wondering whether I could turn the tables on them and go after them in the HC and make their life a misery:D

[UK26]

you need to come up with a very good defence, in my case, they where chasing me for a debt of £1200 which in that balance had £640 of charges, Illegal PPI etc

 

they opend the doors to this them selfs, they sent me a full pack of bank statements for the entire account history, which allowed me to work out what to dispute.

 

the credit agreement did not mention PPI but yet it was billed and on the statements they provided.

 

if they where clever, they would have simply provided a statement of account comfirming the balance.

 

saved me having to issue a Sar

 

also, i sent a CCA request, they sent an unenforceable copy, with no sales agreement. but insisted they would issue a SD dispite all of this.

 

now if they remove all the illegal fees, the balance outstanding would be below £600, in which they would need to take legal action in a county court, but in return, without a compliant credit agreement, they would lose.

 

so if you could come up with the same defence, then you have a winner.

Edited September 5, 2008 by UK26

[fiftypence]

We may be at slightly cross purposes here. My 18 day window on the SD has gone, I didn't bother setting aside. They threatened BR so I CCA'd them at that point. They closed the file and returned to OC, so to my mind that means they aren't going any further with it themselves. The point I was trying to get across was they seem to have washed their hands of this matter but I was wondering whether I could take the fight them as an abuse of process? Or should I have gone down that route during the 18 day window?

[UK26]

Right, you have some interesting comments

 

It would now look as if they where acting on behalf of the original creditor, I need to confirm, if in that case they have a right to actually issue a statutory demand.

 

Questions: Was the SD in CaqQuests name or the original creditors

 

 

It would appear CaqQuest seem to use statutory demands in a way of putting undue stress on people to get money out of victims who don’t know there legal rights.

 

So yes, as a hole, it is a abuse of process

 

The courts would need to get a large amount of complaints of this, then CaqQuest would be in big trouble.

 

 

In my case they have only threatened to issue, I would love for them to do so, would allow me to drag them to the courts and earn a nice wage for doing so

Edited September 5, 2008 by UK26

[fiftypence]

Right, you have some interesting comments

 

It would now look as if they where acting on behalf of the original creditor, I need to confirm, if in that case they have a right to actually issue a statutory demand.

 

Questions: Was the SD in CaqQuests name or the original creditors

 

 

It would appear CaqQuest seem to use statutory demands in a way of putting undue stress on people to get money out of victims who don’t know there legal rights.

 

So yes, as a hole, it is a abuse of process

 

The courts would need to get a large amount of complaints of this, then CaqQuest would be in big trouble.

 

 

In my case they have only threatened to issue, I would love for them to do so, would allow me to drag them to the courts and earn a nice wage for doing so

 

OK, time for an apology for high-jacking someone else's thread. What really prompted me jump in was the extract from the solicitors letter about abuse of process (my SD came actually from CONnought not Capquest) and what made my eyes light up was the possibility of turning the tables on the DCA and chasing them thru the courts, wasting their time and costing them money. I can be so evil sometimes I was trying to get to the bottom of how long I would have to commence a claim for abuse of process.

 

Apologies for taking this off on a tangent I probably should start a new thread.

[UK26]

1 year i would think, i might be wrong

 

will dig my books out on this subject to see how, we could make a claim

[fiftypence]

Hmm, interesting. Let me know if you find anything. It might be quite entertaining to fire a shot across their bows by threating them with an abuse of process claim and see how they react. hee hee.

[UK26]

Prosection will be

 

1. abuse of process

2. Libal / defamation

3. Damages due to incorrct publication of defaults

4. anything else i can find

[fiftypence]

OK. Thanks.

[MARTIN3030]

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

[splosher]

Hi

Today is the last day to get this thing set aside and i'm here now at my PC trying to make head or tail of the forms, in particular the 6.4 form.

I have no idea how to fill this in, so can someone please help me and point me in the right direction?

Am i the debtor? WHo's the person to be served? Do i fill this in before going to court or do i do it at court?

I am in this situation because i have no understanding of these things, so would appreciate any help.

[tiglet]

You can fill it in at the court if you wish - they should be able to help you there with the "technical" bits.

 

The thing to have prepared is your defence i.e. why you are asking for it to be set aside.

 

Don't forget to take a copy of the SD they sent you too.

[splosher]

You can fill it in at the court if you wish - they should be able to help you there with the "technical" bits.

 

The thing to have prepared is your defence i.e. why you are asking for it to be set aside.

 

Don't forget to take a copy of the SD they sent you too.

 

Well, my defence is going to have to be that over 6 years has passed since i got the loan - is that going to work?