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

[Dibsthefrenchie]

Not a good week as I have now received a statutory Demand from Capquest by 1st class post.

This is for a debt to Capital 1 made up of charges, I intend making a court claim for the charges plus 8% interest which will mean Capital 1 owe me £50!

Please can someone advise what I do now?

Many thanks.

Dibs

[Dibsthefrenchie]

Hi 42man, thank you for the advice.

I intend to challenge this SD on charges and also no CCA, I have in writing from Scotcall collecting on Capquest behalf that they unable to obtain a copy of the agreement, the last letter I sent to Capquest was to ask for their complaints procedure and I have not received a reply.

I will look at the threads you have suggested, as I have no idea on how to word my defence.

Dibs.

[Dibsthefrenchie]

Thank you, I have looked at beanpole's thread and the defence that he has kindly put on there, I believe that my argument is basically the same, so intended copying it, what do you think?

[Dibsthefrenchie]

I have copied the letters and a duplicate set for Capquest, which I will hand in with my request for a set aside, using beanpole's defence.

42man, you have given me a great deal of help and encouragement this week, I cannot begin to tell you how much I appreciate it, thank you.

Dibs

[Dibsthefrenchie]

Brilliant advice, CAG is entitled to the costs, thank you both.

Dibs

[Dibsthefrenchie]

Good morning 42man,

This is the correspondence that I intend attaching to my request:

 

 

 

 

 

Dibs.

[Dibsthefrenchie]

This is the defence that I intend to use:

 

 

 

Dibs.

[Dibsthefrenchie]

Thanks 42man, I would welcome any suggestions to the content of my defence.

Dibs.

[Dibsthefrenchie]

Brilliant 42man, thank you so much.

Dibs.

[Dibsthefrenchie]

I have amended my original defence and this is the draft copy, suggestions anyone, please.

 

 

 

Dibs.

[Dibsthefrenchie]

I have received a court date in December, had really hoped that I would not have to attend a hearing, and now feel concerned that maybe my argument is not strong enough as the SD has not been set aside.

[Dibsthefrenchie]

I have received a copy of a letter sent to the court by Capquest, as follows:-

 

We acknowledge receipt of the Application to Set Aside the Statutory Demand.

 

Upon reading the application and the evidence in support it appears that the evidence in support of the application shows that there are no grounds upon which the Statutory Demand should be Set Aside.

 

We do not consider that there are additional matters upon which we will be able to assist the Court at the hearing of the Application to Set Aside the Statutory Demand. In view of this, and with a view to saving costs which could fall upon the applicant, we ask that our attendance at Court on the hearing of the Application to Set Aside be excused.

 

We ask that in our absence an order is made dismissing the Application to Set Aside the Statutory Demand and fixing a date after which we, as the creditor, may proceed to present a petition for bankruptcy to the court. We will not seek any order for costs in relation to the application to set aside.

 

I do intend to attend the court hearing, but is this a usual response from Capquest?

[Dibsthefrenchie]

Hi Tiglet,

Thank you for your reply.

Capquest did contact me previously to Scotcall, and it states quite clearly on all the correspondence from Scotcall that their client is Capquest.

I have not received a copy of the CCA, the letters sent to Capquest stated that the account is in dispute and has not been resolved, the SD was sent in usual post and the entire debt is made up of charges, if all that fails and the Judge does not grant a set aside, then I shall immediately pay the £19.01 to reduce the amount outstanding to less than the £800 debt required for bankruptcy.

[Dibsthefrenchie]

Well said 42man, i'm glad you are on my side!

I intend to copy all my evidence and have a skeleton argument in place, and I most certainly do intend to make my contempt for Capquests abuse of the system known.

Dibs

[Dibsthefrenchie]

The letter also mentioned a statement sent to the court, as follows:

We enclose herewith a statement of ......., who has been working on the Application to set aside Statutory Demand within the Litigation team at Capquest Investments Limited.

I have faxed Capquest for a copy of the statement, not that I believe it will hold any extra information, but, I would still like to see it.

I also made complaints to FOS, OFT and TS, on receipt of the statutory demand, so will print copies for the Judges perusal.

Thanks again 42man.

[Dibsthefrenchie]

First of all, Hello & Welcome to the Litigation team at Capquest, perhaps you should read more threads on CAG and actually learn something.

 

CAG members who have received a statutory demand from Capquest and are attending Court for a set aside, may be interested in this part of Capquest's statement of defence:-

 

 

I have seen mention of this on another thread, part of which is copied from gilly5001 below:-

 

"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"

 

( Thanks to gilly5001)

 

Dibs

[Dibsthefrenchie]

The legal reasons are in the statement, not particularly accurate ones, I just wanted to highlight the absurdity of Capquest stating that it is not a genuine defence as it's been "copied from the Consumer Action Group website".

The copy statement sent to me is unsigned. I do have another thread for this, but just wanted to bring it to the attention of people who feel intimidated by Capquest.

 

Capquest are refusing the set aside on three points:

1. They have denied receiving a request for a copy of the Agreement or statements, despite my having evidence to the contrary.

2. I used the credit card to make purchases, copy statements prove this.

3. I have copied my defence from CAG

 

I am requesting the set aside based on:

1. Not having copied my defence from CAG, but have taken advice from CAG and many other sources, including Debtline.

2. The whole balance allegedly outstanding is entirely made up of charges.

3. I sent a request for a copy of the CCA to Capquest's collection agents, that request was acknowledged with "Contact has been made with our client and I advise that we are unable to obtain a copy of the agreement".

 

I can produce evidence for each of my statements.

 

Dibs.

[Dibsthefrenchie]

I will do 42man, thank you as usual!!

Dibs.

[Dibsthefrenchie]

Hi Beanpole,

Thank you for all the information, it's really appreciated.

The court date is in the next fortnight. I have searched the net and read and re-read the forums, have even bought a debt advice book! I feel confident about my argument, but nervous at the thought of attending court, will be so glad to get it over with.

I found your thread extremely helpful, so a big thank you for that.

Dibs.

[Dibsthefrenchie]

Tiglet, thank you for your support.

 

PT, thank you for the information on Hammond's, it sum's up my situation brilliantly. I have spent hours searching for anything and everything that supports my case, and that one snippet is perfect!

 

Dibs

[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

[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!

[Dibsthefrenchie]

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

Dibs.

Happy New Year everyone x

[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!

[Dibsthefrenchie]

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