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


trumpetmaest
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The Judge said that she had to agree with my points and dismiss the SD.

 

She then went on picking through my costs and she refused to alllow anything for taking 1/2 day off work to attend hearing because I had not provided evidence that I should have been working. She then also queried my research time, but in the end awarded me costs of £169. I requested £235.

 

I have already reported them to the OFT and also written to my local MP.

 

Is there anything else I should do?

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Yeeaaaaah!!!

Go Trumpetmaest, Go Trumpetmaest!!!

 

Yes, there is something else you need to do. In a few days you will get by post a one-page document called a Court Order. It has a Court stamp on it. It will give you the date by which CapQuest have to pay your costs. Make a note of the date, because if they haven't paid you by that date, you can send the bailiffs round for payment of your costs plus £100 of their own (bailiffs') costs!

 

Post on here if they don't pay and I'll talk you through it.

 

Again, well done.

Liz Southern.

Edited by Liz Southern
grammar.

Oops, there goes another rubber tree plant!

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Well done m8 didnt it feel good walking out of that room knowing you had taken a them all the way and won after all there hot air threats.

What LIZ said above they have 14 days i think from when the order was made to pay costs if they dont warrrent of execution time.I had great please threatening them over the phone with that one the call handler didnt know what to do lol.Felt great having the shoe on the other foot.

Have a party and send a pic and a thank you to kap west when you have the money off them.

As far as there next move is they may sell it on or you may never here of it again maybe i havent and its been nearly a year.

Edited by stuscfc
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Yeeaaaaah!!!

Go Trumpetmaest, Go Trumpetmaest!!!

 

Yes, there is something else you need to do. In a few days you will get by post a one-page document called a Court Order. It has a Court stamp on it. It will give you the date by which CapQuest have to pay your costs. Make a note of the date, because if they haven't paid you by that date, you can send the bailiffs round for payment of your costs plus £100 of their own (bailiffs') costs!

 

Post on here if they don't pay and I'll talk you through it.

 

Again, well done.

Liz Southern.

 

 

better still- sit on the judgement for 4-5 weeks so that it goes on their credit record for the next 6 years THEN send the bailiff in

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  • 2 weeks later...
Cheque arrived today!!! :D

Thankyou thankyou thankyou.

 

One thing that alarmed me was their reference though! It said SD No. 3xx of 2009.

 

Does this mean that Barry Davies has issued over 300 Stat Demands this year?

 

 

Not for much longer I hope....

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Most of this cretins SDs are mickey mouse documents just like his mickey mouse company. They did a mass mailing of them last Christmas to Northern Ireland but the were all fundamentally flawed and would have been laughed out of Court at huge expense to Crapquest. Needless to say the never followed through.

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  • 2 years later...

I wonder if anyone can help me and offer me some advice.

 

I have had several dealings with Caapquest regarding a disputed skycard debt they claim to have purchased going back to Oct 2007.

 

I have never acknowledged the debt, they failed to produce a legible agreement with t&c's etc so and the account has been in dispute.

 

They pursued me with a Stat demand in 2009... which was dismissed:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?199097-capquest-stat-demand-***-WON-COSTS-***&p=2455539#post2455539

 

About 2 weeks ago I got a letter from them stating that they had continued to update their records and inform credit rating agencies and if they did'nt hear from me with in the next 14 days they would start court action which might include a charging order etc... but I could call their friendly people and start paying them....

 

I wrote back stating that I was surprised to receive the letter as the last letter I had received from them had a cheque in it to cover my court costs!

 

I have now got a letter back stating that they purchased the debt from skycard and were acting in good faith as they were not aware of any dispute. The letter states that the money they paid me was in relation to the stat demand and has no bearing on the current outstanding balance and they are the legal owners of the debt.

 

They have given me 14 days in which to respond before the account is passed back to collections which may include court action.

 

Any advice on how to proceed?

 

The paper from the court states that the case was dismissed after reading the evidence presented... This was to do with the lack of a properly executed agreement, no notice of default, letter of assignment etc.

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so it should be almost sb'ed now?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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purchase date is nowt to do with it

 

its YOUR last in/out

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There is 13 months to go before it could be classed as statute barred...

 

Can they pursue this even though it has been dismissed once by a judge. I know it was a stat demand but their witness statement was about agreements etc and my evidence that I presented was about lack of.... Agreement, default notices, letter of assignments etc,

 

Thanks

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I didn't think the same action could be brought twice. Maybe post in the Legals forum?

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Hi,

 

I have a link here in the Debt collectors forum but I wondered if anyong could offer me advice on how to proceed.

 

Here is the link. http://www.consumeractiongroup.co.uk/forum/showthread.php?343285-Capquest-started-contacting-me-again!

 

I'm not sure how to respond to them on this one.

 

I checked my credit file last month and the default they (Capquest) put on my account was in March 2006 but their letter states 'they bought the account in October 2007'. The default has now gone from my credit report.

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Just quickly read the link. One point first, there's nothing to stop them bringing a 'second' action as the SD was dismissed. Issuing a claim subsequently is quitecommon as ultimately the dispute must be resolved.

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I think I answered that above! For the avoidance of doubt, the fact the SD was dismissed showed that there was, to that particular judge's mind, a genuine trialable issue. Therefore, in order to resolve that issue, a claim could be brought where the issue would be explored in detail and a decision made on the balance of probabilities.

 

I imagine that if you referred to the SD being dismissed the creditor's response would be "yes, that's why a claim has been issued. So what?".

 

Hope that helps!

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