Capquest - are they losing the plot? Stat demand - ***WON + COSTS ***

[babybear39]

Subscribing and offering support *hugs*

[42man]

Is there much time difference in the assignment date on the SD and the Letter ?

[Zimmie]

Only 9 days, so guessing it won't make any difference.

[Zimmie]

Hi again,

I've got my affadavit prepared but as it is 5 pages long can I print it and attach to the 6.5 form. If I can do I need to put anything on as a heading and should I put on the 6.5 form 'see attached sheets' or something like that?

 

Many thanks.

[42man]

Yes you can use continuation sheets....make sure they are sworn in too...

[Zimmie]

Thank you so much 42man for all your help. I've got everything printed and ready to take in on Monday.

I'll report back when I've any news.

 

I'll be back later with my Weightmans problem

[Zimmie]

Hi,

Just to update...I've had my date for the set aside hearing from the court. Its 28th January.

I've not heard a peep from CQ apart from acknowledgement of my CCA request. I also sent a copy of my formal complaint as they requested, they signed for delivery but have not even acknowledged it.

Any tips for the hearing would be gratefully received.

Many thanks, Zim.

[Zimmie]

Hi, well only 2 days to my set aside hearing, heard nothing from CQ since acknowledgement of CCA request on 11 December....until this morning....had a letter acknowledging my set aside application, the letter aslo advices me that my formal compaint is still under investigation. They attach a copy of a letter they have sent to the Court, which states.....

 

Since sending the SD to the application we have received a formal complaint from her (well no actually, the formal complaint was sent in July 09) and have placed the acc on hold. We are in the process of investigating her complaint and in these circumstances we do feel that it is appropriate to seek to issue a bankruptcy petition.

We do not accept that the debt is not due however in view of the above we ask that the application be granted but with no order as to costs. If, as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a claim in the County Court which will allow the applicant the opportunity to defend the claim.

We do not consider that there are any additional matters upon which we will be able to assist the court at the hearing of the application blah blah blah.

 

I'm a bit confused as they say in one paragraph they feel it is appropriate to seek to issue a Bankruptcy petition, then in the next para they ask that ask that the application is granted

I'm wondering if its a typo or designed to confuse me.

 

Any thoughts, and should I still attend the hearing?

 

Cheers.

[vint1954]

Yes, attend the hearing and take that letter with you to show the court.

 

They are clearly now saying that they want to suspend the SD action, and will go through the County Courts should they want to enforce the debt, but you must attend to make this clear. Dont want an SD sneeking through the back door.

[Zimmie]

Cheers Vint,

For the hearing will I need to prepare a skeleton argument, if so is this just reiterating the points made in my set aside application? I want to appear prepared...even though I'm not, I'm a total bag of nerves tbh!

 

Thanks

[vint1954]

Cheers Vint,

For the hearing will I need to prepare a skeleton argument, if so is this just reiterating the points made in my set aside application? I want to appear prepared...even though I'm not, I'm a total bag of nerves tbh!

 

Thanks

Yes, but the main point and also the first point you need to bring up, is that the other side are dropping the SD and will proceed through the county court if need be.

[42man]

Go to the court...and spit fire at this company, show the judge how disgusted and upset you obviously are at receiving this frivolous demand....don't forget to submit your costs which have to be in to the court at least 24 hours before the hearing. Don't forget it was (and still is) in clear dispute....the fact that their inter client/company communication skills seem to be zero. Doesn't cover the fact that they issued a statutory demand whilst in clear dispute....this is a clear abuse of process. It is hardly your fault that they don't do their job and find out the history of the alleged dispute....The OFT will not like this either.....they can't issue a petition also as it is still in dispute...if the judge says that bank charges are a no no now then state that you are looking at charges from other parts of UTCCR and The Consumer Credit Act 2006....Don't forget that if this was a county court claim and they withdrew then you would be automatically entitled to costs....case law supports your situation too..the sooner the OFT issue a warning or a fine as they did in 1st Credit's case the better.....PLEASE REPORT THEM TO THE OFT...

[Zimmie]

Hi and thanks both of you.

Vint I've gone through a copy of my setaside application and using post its have attached notes that I may need to refer to. According to CQs letter they faxed & posted copies to the court, but I'll take my copy anyway..with my notes pointing out their 'error' about when I made my formal complaint..also their letter saying they no longer had my letter of formal complaint as they only kept correspondence for 3 months! Anything that will show this 'alleged' company for what they are!

42man I will spit fire...and brimstone at CQ, they have put me through hell..not just since the SD but before it too. I have submitted my costs today by e-mail to the court and standard 1st class to CQ...s*d them I thought, not paying anymore in case my costs are refused.

I have almost prepared my complaint to OFT but held back on sending it...waiting for the setaside outcome..but I will now finish it and highlight some of their *glaring* lies.

Many thanks both. xxx

[Zimmie]

Hi,

well I had my time in court and the set aside was approved, I also got my costs..although I didn't think I would for a while as despite submitting them to the court more than 24 hours in advance they had not been put in my file. The Judge didn't seem to understand Litigant in Person costs, and when I opposed CQs request for 'no costs' he looked bemused and asked what costs I had incurred. After I explained he spent about 10 minutes reading up in a legal book. Fortunately I had taken a copy of my schedule and eventually after much more reading he granted them.

 

I found it a very scary 25 minutes, but at least its over now...just waiting for CQs next move now Oh and their cheque!

[Huff&Puff]

That's excellent news, well done! :)

[gezwee]

Brilliant news Zimmie, it pays to be persistent with CQ

 

Hope you hit 'em hard with the costs

 

Out of interest was there a reference on their SD application? Just checking to see how many CQ managed to issue last year - would show as 'our ref SDXXXX' on the application you received. Think it was up to 390 odd back in August from reading other threads.

 

Gez

[The GodMother]

remember if they dont pay you can force payment by sending in the baliffs.

[Zimmie]

Thanks all, but without the help I received on here I couldn't have done it, I'd have just given in and let them have their 'wicked way'.

 

So a BIG thanks to all who helped.

 

Gezwee, my costs weren't huge...not enough to break CQ...but enough to pay a years car tax which is due next month and almost enough to pay my TV licence as well

I can't remember if there was a reference number on the SD and when I got back from court I took it upstairs and threw it to the back of the wardrobe....so it didn't keep giving me the evil eye as it has done for some weeks now! I'll check tomorrow..as I'm trying to celebrate tonight...tried last night but I just felt so ill and tired I went to bed early...tbh I'm feeling the same tonight but I'm determined to drink the Champagne that my brother bought me for Xmas.

Godmother...In some ways I'm hoping they don't pay...as it might give me some leverage when they start their threats again, which I am expecting to happen...but that will be another thread...and now I intend to drink that Champagne...so I'll be back when...and if...I sober up.

 

CHEERS ALL

[supasnooper]

Congrats and well done on a great result.

 

Hope you feel okay today.

[42man]

Super, SUPER news....well done Zimmie...!! Please make sure you get paid your costs, PLEASE report them to the OFT too....

[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