Capquest stat demand Successfully set aside

[vauxman]

Hi all.

 

With so many people getting theses Stat Demands from Capquest here are some questions that the more learned people on here could answer please to help me and others

 

1. I don't own my house the debt is over 6 years old i have made no contact or payed anything to them or previous DCA that had this debt before capquest should i bother getting it set aside by a court?

 

 

2. If i do get it set aside does the court contact capquest and does this mean i have admitted the debt and the 6 years statute barred start again?

 

 

3.If i set aside will i have to go to court to face capquest at some sort of hearing and what would this entail?

 

 

4. My debt is £2000 what is the chances of them actually seeing this through ?

 

 

5. If i don't get it set aside and they do go all the way how far down the line can i use the statute barred

defence or would i have no chance because i did not set it aside?

 

6. How do we all feel that this is one big scare tactic again and they wont bother cause it will cost them loads.

 

7. if i fill out the set aside forms the bit at the end(

Affidavit in Support of Application to Set Aside

Statutory Demand) do i just put this? (1) “Do not admit the debt

because…” ( its statute barred) is this enough to say here?

 

Many thanks.

 

Rog

 

[vauxman]

Hi all.

 

With so many people getting theses Stat Demands from Capquest here are some questions that the more learned people on here could answer please to help me and others

 

1. I don't own my house the debt is over 6 years old i have made no contact or payed anything to them or previous DCA that had this debt before capquest should i bother getting it set aside by a court?

 

 

2. If i do get it set aside does the court contact capquest and does this mean i have admitted the debt and the 6 years statute barred start again?

 

 

3.If i set aside will i have to go to court to face capquest at some sort of hearing and what would this entail?

 

 

4. My debt is £2000 what is the chances of them actually seeing this through ?

 

 

5. If i don't get it set aside and they do go all the way how far down the line can i use the statute barred

defence or would i have no chance because i did not set it aside?

 

6. How do we all feel that this is one big scare tactic again and they wont bother cause it will cost them loads.

 

7. if i fill out the set aside forms the bit at the end(

Affidavit in Support of Application to Set Aside

Statutory Demand) do i just put this? (1) “Do not admit the debt

because…” ( its statute barred) is this enough to say here?

 

Many thanks.

 

Rog

[maroondevo52]

Hi, Rog.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[postggj]

as long as you have no contact with the creditor or dca for six years the debt is statute barred.

most of these stat demands are ment to scare but should not be taken lightly.

how did you receive the stat demand, i bet it was by second class post.

stat demands are normall given in person to be legal.

please confirm

 

set asside is easy and make sure you ask for costs as this is an abuse of court procedure

[vauxman]

Hi All Stat demand was by 1st class post if that helps

 

 

Rog

[palomino]

You don't actually say so explicitly but can we assume you have actually received a statutory demand?

 

 

If the debt is over six years old, and you have neither made a payment towards it or made any other acknowledgment since the six-year period started, then the debt is definitely statute-barred. Once a debt is statute-barred then that cannot change. It sounds like Capquest have acquired the debt but whoever they bought it from has not bothered to mention the date of the debt - perhaps Capquest simply haven't bothered to check.

 

 

Being statute-barred is in itself a perfectly good grounds for applying for a set aside.

 

You will have to take the application for set aside to the court because you have to swear an affidavit under oath.

You should also attend the hearing itself as you may be required to give evidence relating to the debt (make sure you take every piece of paper with you). Attending the hearing isn't an admission of anything so, no, the debt doesn't become 'un'statute-barred.

 

The SD doesn't cost the applicant (Capquest) very much in relative terms (it's cheaper than going for a CCJ). If the SD is granted then they can petition for your bankruptcy - and this does cost them a lot more.

Edited August 20, 2008 by palomino
Wrong word

[42man]

Great advice from Palomino

 

I would send Capquest this letter here 'M' send it by recorded delivery and do not hand sign it... - LETTER 'M' - Creditors and DCAs - Letter Templates & Budget Planner

 

With regard to the statutory demand, if it was me in your shoes, I would take it to your local court, and ask them if it is genuine....I know of one cagger here who took his to his local court and they recommended taking it to the magistrates court as it is a clear abuse of process....

 

CCA 1st Credit / Connaught - (POST #3:cool:

 

Let me know what the court says, if it is genuine then it needs to be set aside.....

 

Take a read of this thread too...

 

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

[cashins]

7. if i fill out the set aside forms the bit at the end(

Affidavit in Support of Application to Set Aside

Statutory Demand) do i just put this? (1) “Do not admit the debt

because…” ( its statute barred) is this enough to say here?

I would put a bit more giving the last dat of any contact that you are aware of - therefore Statute Barred etc.

Although this is probably 95% just another threat by them, I would still apply for the set aside as belt and braces. You can claim the cost back from them.

 

David

[vauxman]

Hi all

 

Took some advise and went to court to set my stat demand aside .

 

Hope i done the right thing , all i put in the affidavit bit at the end was "I do not acknowledge any debt On the grounds that the alleged debt is statuette barred under the Limitation Act 1980 s.5. and i have made no payments or contact in at least 8 years" then had to do the swearing the oath thing

 

Hope this is ok :cry: bit worried i have not done enough and the judge will not be happy what you all think.

 

Rog

[beanpole]

Hi,

at least you've started ball rolling, well done.

My best advice is to read, read, read this forum and the relevant Acts.

Learn as much as you can, so that you can submit a more structured argument - it will make you more confident and keep the hearing focussed.

 

Some more experienced advice should be along soon !

[palomino]

Having already lodged your application for set aside it appears you have already done the job. What do you feel you need help with?

[stuscfc]

Hi did exactley the same thing yesterday with this lot of muppets and basicaly the same defence.As the law goes statute barred should be good enough on its own to get it set a side as it shows a strong dispute in the eyes of the law. When the judge reads through the particulars of the case he should put 2 and 2 together and reach statute barred as long as the 6 years or no service of the debt or aknoledgment is satisfied in the DJ mind.So hopefuly everything should be cool but i am no expert but this is my understanding.

[MARTIN3030]

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

[vauxman]

Hi all.

 

Had a letter in the post today from my local court with the date for the hearing to set aside the stat demand.

 

But it falls right in the middle of my holiday , What do you all think i should? , if i call in at the court and ask for another date could they do this .

 

Many thanks for all help

 

ROG

[MARTIN3030]

Yes best to write a letter to the Court manager and take it in.You can then witness it being sealed and acknowledged.

 

Court address

 

 

 

date case number You v Them

 

 

To the Court Manager-...................County Court

 

Urgent-to be lodged before the Judge/District Judge

 

 

Dear Sir/Madam.

 

 

 

I have recently recieved notification from this Court that my application for a set aside of the original order made on..............is listed for hearing on............ at this Court.

 

 

I respectfuly request that an alternernative date can be given due to me being unable to attend because of holidays.

 

These holidays were booked some time ago and at that time I had no grounds to know that I would later be required to attend Court.

 

 

I apologise to the Court for any inconvenience caused.

 

 

Yours Faithfully

 

 

 

XXXXXXXXX

 

 

Ask them if they can give you some ideas as to when you are likely to know if this will be ok.

[vauxman]

many thanks for this letter will get it to the court on Monday

 

Rog

[vauxman]

Hi All

 

Just some more advice needed, went to court today and the judge set aside the stat demand from Capquest :) on the grounds that the debt is Statute Barred . They sent me a copy of the letter that they sent the court It said that they need more time to get info (yea right) and the last bit of the letter said

"We do not accept that the debt is not due but in view of the time considerations and use of the courts time we ask that the application be granted but with no order to costs .If as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a claim in the conuty court which will allow the applicant the opportunity to defend the claim."

 

My question is now? do i send Capquest the standard statute barred letter now as i have never contacted them with this before and do i put the bit at the top that says "without prejudice" as i read the following on another forum "You will see that it does not state without prejudice, this is because of a court case involving HMRC, where the courts ruled that Without Prejudice letters could be used in court. Additionally by NOT stating without prejudice, this also allows you to use this letter as defence evidence in court if necessary.

 

And i know not to sign the letter, But is it ok to just type my initals ?

 

Many thanks

 

Rog

[42man]

Send them letter 'M' from here, I wouldn't bother putting without prejudice on it as it is a clear dispute..... - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it recorded and just print your name...

[meols cop]

Did the Judge agree with them about the costs then?

[vauxman]

The case was sorted out when i was not there as i the court tired to phone to say not to turn up today but could not get hold of me so the judge i seen today said it was all sorted so weather i will get anything in the post i dont know