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    • do a chargeback to your bank if temu want it back then they'll write and ask for it. 9/10 they dont bother. dx
    • No reminders are required by law. As a result of that, whether the police say they sent one or not, whether they actually did so or not and whether you received it or not has no bearing on the matter whatsoever.  I have explained what to do in the third paragraph of my post #22. You don't need to do any more than that. The most likely outcome is that your offer (to plead guilty to speeding if the FtP charge is dropped) will be accepted by the prosecutor. What happens next is for the court to decide. This "deal" is done every day in courts up and down the land and all court users (prosecutors, Magistrates and their legal advisors) are familiar with it.  Although I said you could not ask to be sentenced at the fixed penalty level, that was incorrect. There is nothing to stop you asking (and if you do, you should mention it under "Mitigation" when you fill in your return). You can mention the circumstances you were in when you returned the request for driver's details and suggest that is why the error with the stamp may have occurred.  My feeling, however, is that your request will be denied. If it is, you will face sentencing under the normal guidelines. These suggest a fine of half a week's net income (reduced by a third for your guilty plea.- so one third of a week's income). You will also be ordered to pay a "Victim Surcharge" of 40% of the fine and prosecution costs of around £90. You will also have three points imposed on your driving record. You may be lucky and encounter a kindly Magistrate who settles on the fixed penalty equivalent or you may see something in between (with perhaps the prosecution costs left off). But the worst case is as in the previous paragraph. There's no need to fret too much over this. The important thing is to make sure you plead not guilty to both charges and make it absolutely clear that you will plead guilty to speeding only if the other charge is dropped. You may be asked to attend court or it may be handled under the SJ procedure. I don't know how they work this matter in South Wales.
    • The problem that I'm having is with Temu. I ordered a cat tree (£152.98) that I want to send back as it's too small for them/not as advertised/flimsy. I would never have paid that amount if I'd known what poor quality/ how small it was. I have contacted Temu about this numerous times, they did get back to me once but they didn't actually help me with their response. I tried to get in touch again but the emails only ran one way so I couldn't get back to them and tell them that they haven't answered me correctly on how to get the cat tree sent back to them. I have attached the emails correspondence into this post. Thank you in advance for the help and support.    Temu email.pdf
    • Stu007. Many thanks for your reply. They have supplied all the necessary documents so it looks like everything is above board.  Many thanks for the link, once again everything seems above board.  I have received a second claim form today as it says the one they sent me did not refer to my tenancy. Ill look at the details later   I have filled out the defence form, took pics, i will redact it later and post the pdf.  
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Capquest/Bank of Scotland. SD For Bankruptcy **WON + COSTS**


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I believe that this demand is frivolous and unlawful as it was delivered by 2nd class post, (according to the Insolvency Service minimum service is by registered post - unless substituted service has been granted which it appears has not been.) and feel that the Insolvency service is being used as a debt collection tool when the account is disputed entirely.

 

I quote - Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly..' - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

In light of the above information, I request the judge sets aside the demand and gracefully request he/she order payment of my costs by the alleged creditor.

 

As a lone parent/low income family 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).

 

 

Also if you have tried to call the number on the demand and have failed to get through....then you could also add this -

 

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

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is it ok to have a statement attached to back of 6.5, can i paste details in or hand write them in, i am such a dunce I know but not used to this sort of thing, the space on the form doesnt see very big. also 6.4

the names and addresses of the persons upon whom this application should be served are: (who do iput here me or them??)

and then the applicants address for service??? thats mine right?

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Gilly - doubt they will set aside without a hearing. My recent experience of a set aside hearing lasted approx 2 minutes in with the judge (1st Cretins didn't attend), judge asked me a couple of question, I answered, he set aside and awarded me costs, which 1st Cretins kindly paid me today.

 

There is nothing to worry about - good luck :)

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  • 2 weeks later...

ok now i need help,

 

have today recieved letter from court to attend hearing for set aside next thursday at 10am. prob is im working and there is no way whatso ever i can have the time off. i cant even explain it will be really frowned upon. can someone ie hubbie go on behalf or can i write to court etc, im not sure what to do now, had so much tim eoff when could have gone and now working get this.

prob too getting there on time into city centre london even if work would give time which i know there is no way whatsoever on earth i could ask

any advice please!!

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Looks like im gonna have to make up something. prob is in my work appointments not a good enough excuse to not be in, will have to think of something.

is there anything i need to take, defence etc or do I just make sure i know details of case in case ask questions?? any one any ideas what questions I'll be asked

dont want to mess it up at this last minute. oh and an update capquest have failed to supply the CCA and has now been 29 days, will be 34 by the time hearing on wednesday morning!!

does this put me in a good position??

Gilly

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Gilly - I just listed x amount of hours @ £9.50 (I think thats the amount you might need to check) then I listed fuel for x amount of miles at 40p per mile, parking (these for the time i attended to swear affidavit and also to attend for set aside) then disbursements, like postage costs, my costs were very realistic and only came to about £140, I know some people who claim up to £300/£400. You have to head it COSTS AS LITIGENT IN PERSON as well.

 

Good luck :)

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Gilly....

 

Get a piece of paper and type at the top

 

COSTS AS LITIGANT IN PERSON

 

and as an example - 10 hours of research into the Insolvency Laws @ £9.25 per hour

10 hours of research into the Consumer Credit Act @ £9.25 per hour

Parking

Postage

Time off work

Childcare

Mileage @ 40p per mile

 

Fax / Send this to the court 24 hours before the hearing....

 

OR

 

You can use the form X20 has supplied here, but change the title to Litigant In person Costs

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/156641-capquest-statutory-demand-help-4.html#post1765170

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OK, I have just faxed costs to the court and capital One. what should i take to court on wednesday? should I take the defence I have already submitted (it was about 4 pages)? is there anything else, research on cca etc.

dont want to screw it up at the final hurdle. still havent decided how Im gonna get off work wednesday morning, even if it is only for half an hour!!

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hi there

well what a day!

Still no CCA from capquest, so went to court this morning. They did not show.

the district judge called me in and showed me a letter she had rec'd from capquest stating that I had no grounds and therefore they would be showing up.

There was a witness statement which they hadn't signed. they had advised they had bought the debt but there w\s no notice of assignment and there was a copy of the credit agreement, which the judge noted there was only one side of. I explained to judge how I havent rec'd such agreement when I have asked for it!!

She then explained that they hadn't supplied the evidence they needed due to the claims I had made.

They also suggested that I didnt have my own defence merely a copy of one from this website and they had sent a photocopy of a defence posted on here. I again explained that whilst I had sought advice and help from here I understood what I had submitted. The judge replied that it is fine to get legal advice from the website!!

anyway, set aside awarded and costs !! yippee

 

Then got home and found letter similar to one capquest sent to court ONLY they had signed the witness statement on mine LOL!

So my question now is, whay are they withholding the credit agreeement if they have one?? I asked for it 34 days ago!!

thansk for everyones help on here

Gilly

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