capquest sd re littlewoods CAT DEBT - ***WON***

[chezza2409]

just read them. That makes me feel a whole lot better, but will be glad to get it all out if the way. Seems like a long time to wait for a hearing though, im stressing enough as it is.

[chezza2409]

Had a call today from CQ, it was the woman named on the stat demand getting back to me from the call I placed almost 5 weeks ago. I told her i was recording the call and therefore not to incriminate herself lol she asked for my date of birth andwhen i gave it her she replied "thats not what i have here" I then said well if you had given me the details I asked for in the first place we could have clarified what I have said all along "THIS

[chezza2409]

IS NOT MY DEBT" she then said she would be writing to the court to say she could not get the appropriate documentation and would be closing the file and sending a copy to me. I then thanked her for her delayed call and said that since I had spent a lot of time worrying and preparing for this hearing I would still be attending whether she sent a letter or not. Was this the correct thing to do. She completely caught me off guard??

[42man]

We carry on as usual Chezza.....well done. Keep me posted....I suggest that if they want to discontinue this action they pay your costs for the time you have spent researching both Consumer Law and Insolvency Law, and you will not back down unless they pay them.

[stuscfc]

Hi just a question did joanna okeefe contact you the person who is stated on these SDs as i have tryed to contact her myself and a few others have also.

[fiftypence]

How would you know its joanna o'keefe even if it was her? could be anybody at the DCA who is told to say that they are joanna o'keefe, after all its not above any DCA to tell a porkie on the phone now is it?

[stuscfc]

Exactly no proof its her but as they send so many out some might have tryed to contact her and as it makes a SD invalid if you cant then maybe they have come up with something hmmm DCAs dont lie because they said so, and to moorcroft that letter you sent i dont think so lol.

[fiftypence]

I've had a couple of SD's and tried to phone one of the names that appeared on one of them and had a very interesting conversation with a phone monkey who basically said the person I was trying to contact NEVER takes calls from anyone. That was Lowells if anyone was wondering.

[stuscfc]

Well under the rules governing the issue of an SD you should beable to contact the person who is named on the form.

[fiftypence]

Well under the rules governing the issue of an SD you should beable to contact the person who is named on the form.

 

True, and if you can't contact them I believe its another reason for a set aside, in fact it could be the only reason for set aside although I don't think I would try and rely solely on that myself.

[chezza2409]

Hi stuscfc, Yes, it was her that called, or that is what she called herself. But my original call was made over 5 weeks ago and i had put on my affidavit that i had tried to call her a few times and the "monkeys" there had said she was only the woman that signed the legal paperwork. make of it as you will.......

[chezza2409]

hi all, well received two letters from CQ today. the first saying " we thank you for your correspondence. We can confirm this account is now closed and we will no longer pursue you for payment."

 

The second is about the Stat Demand. Sorry i can post it as i dont have a scanner but I will write what it says.

 

Dear Chezza

 

application to set aside the Statutory Demand

****** mrs **********

Hearing date and time

 

We acknowledge receipt of the application to set aside the Statutory Demand.

 

We have recognised that your defence has been copied and pasted from a website, almost entirely word for word. We believe that the court will not be impressed with the fact that your evidence is a copy of a standard version found on the internet.

 

We also note your claim regarding costs to be awarded against Capquest Investments Limited, being that of #170 per hour spent on preparing the Application. This again is a standard wording. We are concerned that your application may be an attempt to mislead the court. You make statements that:

 

a. You are a lone parent.

b. You have a low income.

c. You approached a solicitor.

d. You have incurred costs.

Are all of these true?

 

We believe your costs are minimal because there was minimal amount of time spent on your application and the solicitor fees were not incurred.

 

We will be willing to set aside the Statutory Demand but with no order as to costs. Please let us know within 14 days of you agree to this. If we do not hear from you our agreement to setting aside the Statutory Demand will be reconsidered.

 

yours blah blah blah

 

please can you advise me what to do now cos im at the end of my tether with these jokers.

[tiglet]

OK:

 

1. The court will not give two hoots about whether you have taken advice from a website or not. at the end of the day, you are a LIP and so needs must in terms of research.

 

2. 2 a. You are a lone parent.

b. You have a low income.

c. You approached a solicitor.

d. You have incurred costs.

Are all of these true?"

 

Well, are all of these true?

 

3. They do not make the judgement as to whether to set-side the Statutory Demand or not, that is up to the judge.

[stuscfc]

The judge i had nooded when i told him i had advice from here no comment on if it was wrong or not as it was part of my research and as tig said the judge is the one who says yes or no to a set a side judgement and to what costs are ordered and i was quiet blatant to that fact and of what CQ had done with other cases.Trying to dictate to the court that no costs should be added i dont think goes down that well realy.I had a letter about no costs being awarded to myself from this lot and they were willing for the set a side which CQ sent to the court but i had my costs.

[42man]

Let's face it Chezza...you would be very silly to just use advice from a website, I know you have sought advice from a solicitor and done your research !!! It makes no difference what they say....let them put it up in front of a judge !! Once again, they are QUITE HAPPY to issue stat demands, use the Insolvency service as a means of debt collection when they HAVE NO PAPERWORK to back up their claim....then back out....still they try and go on the offensive.....I think they need to seek legal help themselves and maybe employ a qualified solicitor !! ridiculous....

[42man]

Bring the letter along to court Chezza.....the fact they are trying to litigate via the postal service speaks volumes.....pathetic !!

[fiftypence]

Stand your ground! (assuming all your statements were true ) As 42man says take the letter with you as evidence of their trying to intimidate you before a hearing! Absolutely outrageous!

[chezza2409]

firstly let me say a big thank you to everyone for putting my mind at rest. These people really know how to make your blood boil.

 

Secondly, Yes I have used the internet to research the consumer credit act and the insolvency act. This was a must as I am literally housebound due to my illness, but they havent taken into account that I said in the beginning (this debt was not mine) had they done their homework they could have established this and saved me 40+ hours trawlling the internet in desperation before I came across this life saving group.

 

I am a lone parent

I have a low income

I did approach a solicitor

I have incurred costs

 

All of the above are true.

 

So, do I reply to their letter or just treat it with the contempt it deserves????

[saintly_1]

personally I would treat it with the contempt it desrves

[42man]

We'll see them in court Chezza but unlikely they will turn up...

[stuscfc]

just take the letter to the court and let the judge see it.it is right what 42 man has said they wont turn up in court but they might send 1 or 2 letters before it but dont worry just put them in your file with the rest and stick to you guns.

[chezza2409]

thanks again everyone.. I just cant believe how low these people will stoop. Its just fortunate I found this forum, god knows how i would have coped with this on my own.

 

You are all saints:D

[MARTIN3030]

Hit em Chezza.

Where are you located ?

Lets see if we can get some support for you in January.

[MARTIN3030]

Hi just a question did joanna okeefe contact you the person who is stated on these SDs as i have tryed to contact her myself and a few others have also.

 

I have another number (for Slater)-0870 084 3586

Charged at national rates.

Slater is in charge of final decisions bla bla bla.

Ms Okeefe does not figure in any of the listed officers in Capquests main CCA licence.

Neither does a certain Gary Trappett who is listed as a sole Trader 0611493

Trading names (wait for it)

 

Capquest Online

Capquest Recovery

Discreet Recovery Services

On Track Services

On Track Solutions

Solutions

 

nature of other business;Building work ......

 

 

If anyone is confused-you can be forgiven

 

Trying to unravel Capquests connections is probably harder than winning the lottery.

[tiglet]

Well, they've only got one week left to send me a cheque for my costs or I'm sending the bailiffs in!