Cap One/Cap Quest/ SD & Court Date **WON**

[surfaceagentx20]

Q1. Read this thread about the duties of the creditor concerning the service of SDs.

 

Q2. If you believe the CCA as produced to you is unenforceable because it wa improperly executed, point this out to the Judge. You haven't alleged improper execution but have a go all the same.

 

Q3. DN? No. Assignment? The SD should mention the right to sue has vbeen acquired by assignment.

 

Q4. [1] Yes, and [2] don't throw them at Capquest. A District Judge will give you two bonus points, one for each.

 

Q5. Yes. See answer to Q4.

 

Q6. Yes.

 

Q7. If the SD is set aside on grounds that it is statute barred that should see an end to all future prosecutions in relation to this debt. If they send another SD, just go through the same process and refer to the earlier order setting the SD aside as statute barred.

 

Good luck.

 

x20

[surfaceagentx20]

The position on costs is that where an applicant seeks to obtain a costs order from his opponent, particulars of those costs should be provided in a statement of costs for summary assessment not less than 24 hours prior to the hearing. The statement is in Form N260, available here. See also CPR PD 44 Para 13 here.

 

The statement should be supplied to the opponent and the court in this time window but should be presented to the court after the hearing in support of the costs application. do not fuss too much about whether the 24 hours is strictly complied with. If you can get the statement delivered by fax or email to the other side during today, the Judge is likely to be satisfied. The same goes if you simply present it to the Judge at the hearing. Filing a document at court just 24 hours prior to a hearing inevitably means the document doesn't hit the court file in time any way.

 

x20