stat demand from capquest/National Westminster Bank OD *** WON + COSTS ***

[sorrylittlelot]

I have the forms here but not sent them off as was awaiting advice, should I send a specific letter to Capquest in response to their new Capqust letter, i admit I laughed when I received it

[sorrylittlelot]

Should I swear my set aside forms in, even though I am still waiting for SAR?

[sorrylittlelot]

Well forms are ready to go (although I couldn't fit it all on the second form lol, going to swear them in tomorrow.

 

Can anybody tell me what happens to the debt if the stat demand is set aside?

[rory32]

I have the forms here but not sent them off as was awaiting advice, should I send a specific letter to Capquest in response to their new Capqust letter

No, you don't need to send them anything.

 

Should I swear my set aside forms in, even though I am still waiting for Subject Access Request?

Yes.

 

Can anybody tell me what happens to the debt if the stat demand is set aside?

Are you applying for costs due to their abuse of the insolvency process?

 

Please do make that complaint to the OFT. Hopefully Capquest will eventually follow in the footsteps of 1st Credit http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186046-there-god-1st-credit.html

[sorrylittlelot]

I am fully prepared to make the complaint, just need to look up as to what grounds/why I am complaining.

 

I swore my papers in this afternoon and as part of my defence I have asked for costs to be awarded on the basis that it wasn't served properly/abuse of the process.

[sorrylittlelot]

today I got a reply from court, I have a hearing in April, any advice on how I claim costs (I know I have to put it in 24 hours before the hearing and thats all I know)

[rory32]

You can claim your traveling costs as well as however many hours you spent preparing the application, at the rate of £9.25p/h, plus your loss of earnings in attending the hearing. Plus any other costs associated with the application or attending the hearing.

[sorrylittlelot]

Gangster.

 

What would be an acceptable amount to claim for research?

[sorrylittlelot]

hey 42man i sent you a pm regarding this

 

thanx

[42man]

I know you've done 20 odd hours of research into the Insolvency Act and the Consumer Credit Act....claim back postage, time off work, parking, mileage at 40p per mile...

 

I'd be asking the judge to make a bankruptcy restraining order on them, and a tomlin order to stop them from litigating against you in the future....also ask the judge to order them to remove any adverse data from your credit files too.....

 

And an indemnity award in light of the obvious distress and upset that this has caused your family...

[cerberusalert]

Don't forget to put your claim for costs in 24hrs before the hearing no matter what capquest wrote to you and said.

[sorrylittlelot]

Peep this homeslices the day of reckoning has been. Judgment has been made and made well.

 

I entered the court room which to be fair was more of a conference room.

 

Jude: Please sit down Mr ....

Me; Thanks

other formalities followed, introducing myself to the tape etc.

Judge; I have all the paperwork from yourself and Capquest with regards to the application of a statutory demand, did you receive a copy of the letter that they sent myself?

Me: yes I have it here

Judge; well as they say they are prepared to allow the set aside but without an award of costs, what would you say to that?

Me; obviously I would like to be awarded costs

Judge; I think I shall award costs as they have obviously put you out your way, however I think what you are asking for is a little on the high side so I shall award half and allow you the costs, is that OK by you?

Me; yes that's great thanks.

Judge; the only issue they raised is that you copied a large part of your defence from a forum

Me; I did yes and surely seeking advice is only practical and I would have been a full not to check the advice received

Judge; indeed, there is no law against this, most solicitors and barristers do this

Me; as do Capquest they stated that they are confident that they will find more info yet that seems a template letter as I have seen others receive the same letter

Judge; they do seem to have got themselves in a mess, I notice in your defence that you received the notice of assignment some 3 months after they issued the application for the statutory demand

Me; yes and that was a reply to me putting them to strict proof that it was not stat barred

Judge; well I would expect them to proceed in applying for a County Court Judgment so you may wish to start your correspondence to prevent this

Me; thank-you I shall.

Judge; Good day Mr...

 

The only other thing the judge did mention is that as I applied after the 18 days I should have applied for a leave of time order or something but it was by the by

 

 

So there we have it, now I just need to stop them issuing a CCJ.

 

I would just like to express my heartfelt thanks to each and every person who advised me and special thanks to (hope mentioning names is OK) 42man, cerbusalert and Rory32

[cerberusalert]

Well done, that's a poke in the eye for Capquest and their stupid comments about you daring to seek assistance of a forum.

[42man]

Fantastic news very well done SLL....I would please ask you to do one more thing at this stage and that is to report them to the OFT....make sure you get paid your costs, and if not contact the court and they will arrange bailiffs to get your costs.....keep us posted...

[underdog13]

Congratulations, SLL:)

[westendwendy]

Ha ha, another one bites the dust:D

 

Well done,I bet they're now sorry,not a little bit a lot.

[42man]

Moving to legal success forums...

[sorrylittlelot]

I shall report them

 

What happens now? The judge advised me that I should try and stop them issuing a CCJ now?

[Jaspiro]

well done and congrats sorrylittlelot. Apologies I haven't had time to follow nor conribute to your success!!!!

 

I have been off the CAG site for a while as I've had to fight another battle which I'm pleased to say I won with cost.

[sorrylittlelot]

cheers mush

[sorrylittlelot]

quick question i have not heard a thing from capquest regarding this since i won i court (other than receiving the cheque - which i took great pleasure in spending!)

 

so is this now closed, written off, can be removed from my credit file?

 

just not sure what action to take now

[42man]

I would just keep a heads up. They may attempt to take it to a CCJ.....just make sure you have all your paperwork ready.

[sorrylittlelot]

thank you, how would i defend a CCJ?

 

just asking as i really want to build some sort of credit referance back up with having a new family

[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