Received a Statutory Demand from Capquest ** WON + COSTS **

[42man]

Changing the title...

[tiglet]

Do tell!

[Dibsthefrenchie]

Thank you for changing the Title, it's a pleasant sight!

The Judge looked at CapQuests statement and then asked me to address each of the points raised;

• Capquest purchased the debt from Capital One, I haven't had a copy of the Assignment: the Judge did not have one either!
  
• I have received a copy of the Agreement: I have actually been sent a copy of the Application & post dated T&C's, the Judge checked the copies sent to the Court, exactly the same!
  
• I have never requested a copy of the Agreement: I produced a copy of the letter requesting a copy of the agreement, and also the reply, the Judge was really not happy with the person who signed the statement on that one!
  
• I refer to a copy of the signed Credit Agreement, and the highlighted part "We may transfer our rights and benefits under this agreement at any time: same answer as before, Assignment and the relevant T&C's might help!
  
• I copied my defence from CAG: The Judge did not see the relevance of that one, and it did not require addressing.
  

The Judge set the SD aside, and I asked the Judge to consider my costs, they were granted.

 

So, thank you so much to 42man for all the advice, and to everyone for the help and support.

Tiglet, you were right, there really is nothing to fear in attending Court.

 

Dibs x

[rory32]

Well done Dibs

[havinastella]

Exellent News Dibs, congratulations.

 

Was the Judge as Pi$$ed off with CQ as you?

 

Jogs

[Dibsthefrenchie]

The Judge did not seem happy with the accuracy of the statement from Capquest, and would have liked some questions answered, but of course they didn't attend.

I made a point of stating that it would appear the whole exercise was to intimidate me into paying, irrespective of the alleged debt being disputed!

[tiglet]

Well done honey - that is excellent news!

[42man]

And Dibs...well done for fighting this....

[42man]

Make sure they pay your costs too....if they don't bailiffs !!! and let us know if they do pay !!

[Dibsthefrenchie]

Still waiting for the costs to be paid, I will have to contact the Court on Friday.

Dibs.

Happy New Year everyone x

[Monty2007]

Still waiting for the costs to be paid, I will have to contact the Court on Friday.

Dibs.

Happy New Year everyone x

 

Congratulations Dibs and well done!

[stuscfc]

Congrats on your win.When i went to court with this lot i waited about 17 days and called them as they were in default or the costs order and told them.The lacky on the phone basicaly had no clue how to deal with it and asked me to send i in writing lol but i basicaly told them that the court had sent them a letter out lining the costs order and what had to be paid and i said that if it wasnt paid within 48 hours i would issue a warrant of execution for the court bailif to go in.So basicaly if you contact the court they will only send out a form for you to use the bailif on them and this proces can take a few weeks and it doesnt go before a judge at all tbh, if you want the money then give QC a shake over the phone and tell them straight.

[Dibsthefrenchie]

Thanks for that. I'm tempted to contact their new business department and employ them to collect the debt for me, doubt they would see the funny side!

[pt2537]

Thanks for that. I'm tempted to contact their new business department and employ them to collect the debt for me, doubt they would see the funny side!

are they not a debt collector and is this not a debt?

[Dibsthefrenchie]

I would choose a far more professional outfit than Capquest! It would be a fun phonecall.

[beanpole]

Congrats Dibs - really pleased for you.

 

Have you now had your costs paid ?

 

BP

[Shawn0109]

Isnt it great when these stupid people who think they are the law dont have all the evidence wow mine was good today Lowell didnt turn up no evidence no nothing not even a cca, well done dibs.

[Zozz]

good evninig to al of u here i will be very gratefull if any one can advice me what to do i received a statutory demand under section 268(1)(a) of the insolvency act 1986 from cap quest in behalf of barclays bank plc. i took the loan in may 2002 after a couple of years me paying the regular payment by direct debt my financial situtation became very and i didnot make any payments for the past 4 and half years or so , is it true that any loan or credit cards prior to aprill 2007 not enforcable? and what i have to do with the statutory demands any advice much appreciated.

Edited May 23, 2010 by zozz

[postggj]

hi zozz

 

click on this link

 

scroll down to start new thread

 

click and your away

 

call the thread

 

another sd from crappyquest for instance

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA