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


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Changing the title...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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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

  • Haha 1

Don't know if i'm coming or going!

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Well done Dibs :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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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!

Don't know if i'm coming or going!

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Well done honey - that is excellent news!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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  • 2 weeks later...

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.

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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?:D

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  • 4 weeks later...

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.

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  • 1 year later...

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 by zozz
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  • 1 year later...

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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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