capquest stat demand for old SkyCard Debt? *** WON + COSTS ***

[trumpetmaest]

Just noticed that the letter is dated 7th May!

[trumpetmaest]

Been doing some more searching on here. Should I send this to Capquest tommorrow?

 

 

Dear Barry Davies,

 

 

This is in acknowledgement of your letter dated 7th May 2009 the contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves, should I fail to make contact/stressing that proceedings are about to be commenced, in regard to alleged sums outstanding, and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.(Pre action directions)

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with Skycard is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time, as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above, failure to comply will result in a complaint being made to the Court. Furthermore, to the FOS for any breaches of OFT and CCA codes. This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper.

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore, I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response, and should you need further clarification on any of the above points, then I suggest that you direct them to your legal department.

 

Yours Faithfully

 

 

 

 

 

Dated 13th May 2009

 

 

I am quite worried about this whole thing and I want to make sure that I dont mess up.

[ODC]

Have you already CCAed them. If so then just go for the Set Aside in your local court and ask for costs against CRAPquest.

[UnitedFront]

CPR do not apply to Stat Demands because this is effectively an insolvency issue. You have to fill out 6.4 and 6.5 and take them both to your local court (phone to check that they deal with Stat Demands). You will swear in your affidavit and then they will write to you in due coourse.

 

Have a look at my thread; I successfully had an SD set aside for a member of my family.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162489-statutory-demand-stature-barred.html

 

Hope this helps.

UF

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

 

 

[trumpetmaest]

Thanks.

 

I CCA'd them in November 07. I also sent a SAR to skycard and capquest.

Capquest sent me an application form back. I then sent them an account in dispute letter. They reffered me to their complaints who 'investigated' but told me that they had complied fully and to call them to arrange payments. I re sent dispute letters and it has been going back and forth with letters from HL Legal, pre litigation, offers of reduced balances, discpunts to settle etc!

[trumpetmaest]

Have you already CCAed them. If so then just go for the Set Aside in your local court and ask for costs against capquest.

 

what costs do I ask for?

 

Time, fuel ?

[ODC]

Time as a Litigant in person £9.25 per hour preparing your case plus travelling and parking etc. Around £400 is a good figure to claim. You will have no problem getting it set aside

[trumpetmaest]

I have just filled in my Affidavit 6.4

 

How do I claim costs and what for do I need?

 

What do I send to Capquest?

 

Sorry to sound thick.

[UnitedFront]

If you look in my thread that I linked to in my last post, 42man gave me a very good paragraph to add in to the affidavit, I think.

 

Remember too that once the court have given you a date for a set aside hearing, you need to send a claim for costs to boh the court AND capquest at least 24 hours before the hearing.

 

Also, I personally did not send anything to the opposition. The court informed them that I had applied for a set aside.

 

Cheers.

UF

 

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

 

 

[42man]

OK....Get this set aside at your local county court (which as you know you have to do within 18 days of you receiving the demand), but ring your local court to check they handle BR's / Insolvency as some county courts dont.... fill out the forms 6.4 (set aside) and 6.5 (affadavit) and then take it to your local court (if they handle BR's as mentioned above) and get the court staff to 'swear' in your documents (including your CCA request which you must include as part of your defence) as they are default of your request (let alone other paperwork) then this is a vexatious and unlawful action by them....and bear in mind generally the judiciary don't like the Insolvency Service being used as a debt collection tool...you have a good case if they are in default of your request.....As for your costs, you need to submit those 24 hours before your hearing, so don't worry about those for the moment....

 

I also have to ask is there any chance the debt might be statute barred ?

 

Would you like some help with your defence ? Please send me a PM if so and although I can't answer by PM, I will put a defence up here for you to use.....

[42man]

You MUST also report them to the OFT too....

[ODC]

I have just filled in my Affidavit 6.4

 

How do I claim costs and what for do I need?

 

What do I send to Capquest?

 

Sorry to sound thick.

 

You dont need to send anything to Crapquest. The Court will inform them of your intention to have their silly SD set aside.

 

You MUST report these clowns to the OFT and your MP

[harrassed senior]

Just bumping this up for you to make sure that you are getting along ok.

[trumpetmaest]

Thanks for all your help.

 

I did not get any sleep last night.

 

What a day!

 

I completed the forms 6.4 & 5.5 and then went to the county court that Capquest put in the stat demand. After waiting for half an hour to get to the desk I was told that this was not my local court and I had to drive to another town!!

 

I got to the court at 3.30 and got my affedavit sworn and all the paperwork completed. The court staff were very helpful and they gave me a copy of my set aside with the stamp on and told me that they would inform capquest.

 

Please can someone on here tell me who I now need to complain to and how to do it? They way capquest have acted have really got me angry. I am just glad that I found this site or I would still be on medication.

[postggj]

Tell The Judge FirsT And Hit Them In The Pocket

 

Knowing Crappy Quest As I Do

 

They Will Not Even Turn Up

 

Start Counting The Notes In Your Wallett On Crappy Quest

 

AFTER THE SET ASSIDE, ITS THE OFT

[trumpetmaest]

.

 

I also have to ask is there any chance the debt might be statute barred ?

 

 

No it is not statute barred. I have been in contact with capquest since 2007 when I CCA'd them. I have had:

 

an application form

 

so I sent account dispute letter and they then started their 'complaints procedure'. This department wrote and said they could confirm that the application form was enforcable. I sent account dispute letter and stated why.

I SAR'd orginal company and I they eventually sent me my statements. I have totalled up all their charges and have now sent a letter to them requesting repayment.

 

Capquest passed it on to 'H L Legal' who wrote saying they were applying for a charging order.

 

I sent them account dispute letter with reasons.

 

Capquest then sent me a letter offering me a 'once in a lifetime' chance to pay them a reduced amount!!!

I declined... and sent them the account in dispute letter with my requests.

 

In Feb I got another letter stating that they would be preparing service of a sat demand in March.

I sent them account dispute letter with reasons.

 

Then.. yesterday it arrived by 1st class post dated 7th May!!

[postggj]

Keep That Letter And Envelope

 

Its Gold Dust

 

What Is The Date Stamp On The Envelope

[42man]

May I ask what you put in your affadavit ?

 

Here is the link to the SAR to send to the original creditor... - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

[trumpetmaest]

May I ask what you put in your affadavit ?

 

l

 

 

Sent to you by PM.

[42man]

If it gets to court then you must mention the fact that the alleged creditor has not supplied a default notice, a notice of assignment, statements for the duration of the agreement...

 

Have a look at this thread....there are other various reasons...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/154693-1st-credit-connaught-bankruptcy-4.html#post1732639

[trumpetmaest]

I am reading...

[trumpetmaest]

who should I SAR? I already did this back at the start of 2008. Should I do it again?

[42man]

You SAR'd the original creditor back in 2008 ? What did it turn up ?

[trumpetmaest]

You SAR'd the original creditor back in 2008 ? What did it turn up ?

 

 

This is spooky!

 

I SAR'd the CC company and they sent me statements etc. The statements showed lots of charges on my account that they had applied.

 

I thought that I couldnt reclaim them until the ruling had been made so I left them.

However, at the end of last month I decided to start the process after reading up on here so I used the calculator & then sent them a letter.

 

TODAY....

 

I have received a letter from the original cc company agreeing with my calculations of their charges but not interest.

 

They give reasons why they were applied and then quote the OFT investigation and that they have now reduced their charges from £25 to £12.

 

They then offer a resolution.

 

"as a gesture of goodwill I am prepared to refund £XX.XX, which represents the difference between £12.00 and £25.00, in relation to the charges in question. I hope you will agree this is a fair and reasonable offer. If you would like to accept this offer, I would request confirmation in writing and upon receipt I will arrange for the appropriate credit to be applied to this account. Should you no longer be prepared to acept and wish to be subject to the account terms and conditions and close your account please advise me. Please note you would be liable for the outstanding balance on your account."

 

Question. If capquest now own this debt how can the CC give me a credit on my account? Also how can I close the account if the account/debt has been sold?

 

Is this useful:confused:

[42man]

They will offset against anything you owe unfortunately...but as to WHERE it goes I don't know..Capquest ?