Capquest after SD - old Cap1 debt - is this CCA ok?

[detectall]

Hi,

 

We have received this in response to a CCA request from Capquest (relating to a SD). An application to have the SD set aside has been granted with a hearing at the end of November. Two days after receiving the attached, a letter has been received from Capquest saying that they agree the SD should be set aside but with no order to costs. Is it still a good idea to go to the hearing as Capquest are not to be trusted???

 

Thanks in advance for advice.

IMG.pdf

IMG_0001.pdf

[ScabHunter]

Is this ALL they've sent you?

 

Where are the terms?

 

SH

[detectall]

Yep, that's it....nothing else at all.

[havinastella]

Yes, go to the hearing and make sure you request charges.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/157201-statutory-demand-capquest-425-a.html?highlight=capquest

[creditcardmug]

The more people screw them for costs the less likely they will issue SDs in the future, so i say go for it

 

Regards

[ScabHunter]

If they can get a judgement in their favour with that as a CCA then the judge must be on hallucinatory drugs.

 

You need to go for your costs as they have got no leg whatsoever to stand on.

 

Hopefully PT or Steven or somebody who knows how to word court documents will be along to give advice soon.

 

There is always the chance with court procedure that you can make a tragic mistake and give the enemy a default victory. Provided you can avoid this, I don't see how they can not get laughed out of court.

 

Remember that judges don't like the abuse of the bankruptcy process that this is.

 

SH

[TheChancellor]

The more people screw them for costs the less likely they will issue SDs in the future, so i say go for it

 

Regards

 

Me too & Good Luck:D

[Having_A_Knightmare]

The agreement they have sent is a joke...

Attend Court and get the costs.

 

this will get you started. 18 hours min for your time

 

 

Costs For Set Aside Application Case

xxxxxx County Court xxxxx2008

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing defence. 18 hours £166.50

2) Loss of half a day’s wages swearing affidavit at Court. £ xx

 

3) Loss of day’s wages for attending court on 1st October 2008 £ xxxx

 

4) Travelling costs to court 25 miles £xx

5) Parking £xx

6) Printing, Photocopying & Law books costs £xx

Total £xxxx

 

Notes

 

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).

[detectall]

Thanks all for your advice, does anyone know of an instance where the application for costs has been refused?

[creditcardmug]

I heard of one, where the defendant should have sent a letter claiming costs to the other side at least 24 hours before the hearing.

[beachcomber60]

Subscribing

[Having_A_Knightmare]

Thanks all for your advice, does anyone know of an instance where the application for costs has been refused?

 

I have heard a few on this site but if you are well prepared and show that you have research the law you will be fine

Edited October 19, 2008 by Having_A_Knightmare
typo