Crapquest SD

[mibster]

Hi all

 

I have received an SD from Crapquest regarding a debt from June 2002. Now I have read thoroughly through these forums and assume you have to apply to have it set aside. My problem is this the SD does not give a court address or court reference, can i then assume this is just scare tactics by Crapquest, or do I have to apply to any court in England?

 

Best regards

[palomino]

No it isn't just scare tactics. Statutory Demands are sent by the claimant directly to the defendant - no court is involved at this stage of the proceedings.

 

What is more pertinent is that the debt dates from June 2002. If haven't made any acknowledgment of the debt or made any payments since then then the debt is statute barred and now unenforceable.

 

Can you tell us a little more about the debt and any history since June 2002.

[mibster]

No it isn't just scare tactics. Statutory Demands are sent by the claimant directly to the defendant - no court is involved at this stage of the proceedings.

 

What is more pertinent is that the debt dates from June 2002. If haven't made any acknowledgment of the debt or made any payments since then then the debt is statute barred and now unenforceable.

 

Can you tell us a little more about the debt and any history since June 2002.

 

Thanks for the response,

 

The debt in question (£3,500) was for a Credit Card, taken out in 2000, I then moved in 2002 and didn't tell them my new address. The last payment I made to it was in june 2002 a month before I moved. Didn't hear a thing until Feb 2007 when Cap Quest started sending letters, which I foolishly ignored. Now as the experts on these forums recommend having it set aside, my question is do I go to my local Court, if so which forms do I have to fill in?

 

Best regards

[42man]

Firstly don't panic.....the debt is barred by statute which is a total defence....

 

Have a read here....

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

Your reasons for setting aside are this....

 

The alleged debt is barred under the Statute Of Limitations Act 1980...

 

I would request the court order the alleged creditor to pay my costs as litigant in person as I have had to take time off work + fuel + parking

 

(work out your costs @ £9:25 per hour)

 

You need to get the affadavit sworn at court too (usually free)...

 

Not sure if this applies to you but it might be worth trying/adding this...

 

As a lone parent with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

[mibster]

Thanks for the reply, Am I allowed to go to my nearest Court to have this set aside?

[42man]

Take it to the nearest court that handle bankruptcies....

 

You can have a look here to find your nearest....

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

[surfaceagentx20]

Not all county courts have bankruptcy jurisdiction.

 

For your local bankruptcy county court use HMCS finder by parish and check the work type.

 

x20

[tiglet]

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

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158317-statutory-demands.html

 

this may help.