CaqQuest SD for unknown RBS Debt

[42man]

If you never made a payment in 2005...then I would tell the judge categorically that they are lying....and if there is any doubt that the demand ISN'T set aside, then you should ask the judge for full disclosure...

 

Also it must be presumed that they sent a letter 1st/2nd class to you and that nothing has been served in effect....

 

I refer to:

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

 

 

 

And this too.... -

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt.

 

They were hoping that you would curl up under the threat of a stat demand and pay them.....hoping and praying that you wouldn't defend....no (compliant) agreement, no compliant default notice etc etc. I do hope you will show the judge just how angry you are at the distress and upset this has obviously caused you and your family and attempting to use the Insolvency service as a tool for debt collection.....in the remote chance that the judge doesn't set this aside, then you ask the judge to order FULL disclosure...!! It is only a matter of time before the OFT take action to stop these frivolous statutory demands....

 

Do you still have copies of the letters for the CCA requests ?

 

And please do not forget to report them to the OFT....

[ODC]

Well AngloIrish there you have it. Now go and settle Crapquests hash.

[AngloIrishGuy]

Thanks guys for all your help - Do I need to type up a withness statement or not in response to the one CapQuest sent?

 

I go to Court Thursday.

 

I don't have copies of the original receipts when I sent them in June, but I do when I sent them a copy of my application to have the SD set aside from late july, which they have as I added them to my application as exhibits. I assume that, that counts as a proper request as they have seen them in july?

 

As regards the mystery £7000 they now say it was not 7000 but only 100 and on a different date. When I looked at the statements the provided 4 separate payments totaling 30K were made before the account balance brought to nil and then closed.

[ODC]

This just gets better and better. They still have NOT proved you made the alleged payment of £ 100 which has suddely shrunk by £ 6900. Im sure a judge will draw some conclusion from that. They have attached your letter dated July and yet have still failed to supply a CCA after such a time. This in itself is good enough reason to put the alleged debt in serious dispute. I note you said they sent statements that had a differernt address to yours. Had you ever any connection to this address.

 

As for a witness statement I am not sure but I think a response refuting Crapquests nonsense would be in order. Either way you cannot be fully expected to fight these mongrels without your CCA.

Edited September 28, 2009 by ODC

[AngloIrishGuy]

This just gets better and better. They still have NOT proved you made the alleged payment of £ 100 which has suddely shrunk by £ 6900. Im sure a judge will draw some conclusion from that. They have attached your letter dated July and yet have still failed to supply a CCA after such a time. This in itself is good enough reason to put the alleged debt in serious dispute. I note you said they sent statements that had a differernt address to yours. Had you ever any connection to this address.

 

As for a witness statement I am not sure but I think a response refuting capquests nonsense would be in order. Either way you cannot be fully expected to fight these mongrels without your CCA.

 

No I have never lived at that address, I wish - looks like quite a smart address in Chelsea

[lilly white]

1) " In Paragraph 1 of the Applicants Affidvit: he states that he does not admit the debt because the debt is in dispute". I submit that a mere denial is not evidence of a dispute and if the applicant disputes the debt he should provide valid reasons for that dispute. These have not been provided to the Repsondent and the Apllicant merely says the debt is in dispute"

 

the debt is totally disputed

 

2) The Applicant makes reference in his affidavid to his request under Section 78 of the Consumer Credit Act for a copu of the Signed Agreements. The applicant states that these requests were made by letters dated the 10 of June and 20th of July. Upon checking the respondents records neither of these letters were received by the respondent. I can confirm following the applications were made for a copy of the agreement but will not be available in time for the hearing"

 

COMPLETE RUBBISH

 

3) The Applicant states in that the "debt is statute barred". We can confirm that a payment was made 12th of January 2005. This payment is shown in the copu Statements exhibited to this my whiteness statement. I therefore submit that this debt is not statute barred.

 

RUBBISH PROVE IT

 

4) The grounds of the application seem to be that the debt is disputed on grounds which appear to the court to be substantial. This is the requirement of Rule 6.5(4)(b) of the insolvency Rules 1986. I submit that the matters which I have set out above show that these are not substantial grounds for disputing the debt. I respectfully submit that the applicant has not shown that there are grounds upon which the Statuary Demand should be set aside.

 

IT IS NOT TO AI TO PROVE ANYTHING

 

Not sure what to do - they also sent a copy of several sheets of a bank statement (loan account). Which is at the different address to that of myself but should that payments to the account where of or nearly £30K cleaning the account of all arrears 2006, when the account was closed. this makes no sense to me....

 

Please please please help in responding to this would be greatly appreciated.

 

THEIR WITNESS STATEMENT WAS WRITTEN BY A 2 YEAR OLD, YES YOU IF YOU ARE LOOKING.

 

OK AI HAVE READ AND UNDERSTAND WAS IS SAID OR NOT IN REGARDS TO THEIR WITNESS STATEMENT.

 

IT IS COMPLETE RUBBISH

 

1. It is denied that the matters pleaded in the witness statement actually disclose any cause of action. In particular: -

 

 

a) It is denied that that the Defendant can have liability to "pay" the Claimant sums of money simply on account of "requests for payment" in relation to a abbey bank loan- the only matters pleaded.

 

 

No cause of action known to English Law exists on the basis of such "requests for payment" (whether repeated or not).

 

 

 

b) Neither the Claimant being XXXXXX can give rise - on its own - in English Law to a liability to the Claimant to pay sums which it appears (on the face of the WITNESS STATMENT although due to their vagueness it is hard to know) to be being alleged were due

 

 

c) In any event, it is denied that the Defendant has or ever has had liability to pay XXXXXXXX whomever that may be - any sum whatsoever.

 

2. It is expressly denied the Defendant is liable to pay any money pursuant to contract or otherwise to the Claimant.

 

3. Without prejudice to the above contentions, the Defendant asserts that in particular, given that the original of the liability is said to be a XXXXXXX), it will be the case, taking into account the amount of the liability, that the transaction and the underlying agreement (if any) between XXXXXXX and the Claimant would be regulated by the terms of the Consumer Credit Act 1974.

 

4. It is the express contention of the Defendant - again without prejudice to the contention that there is in fact no agreement - which any such agreement as exists, does not comply with the Act. It is impossible to plead further in the absence of a pleading by the Claimant as to what the agreement was and what its terms were and the Defendant reserves the right further to plead Particulars of failure to comply in the event that the Claimant amends it WITNESS STATEMENT to allege the agreement.

where.

[42man]

You don't need to do a witness statement...as you already have a sworn affadavit.....as has been said if they are going to have the temerity to 'serve' a stat demand on you then backtrack on getting an agreement then they get all they deserve !!

 

Are you ok on your costs !!!

[AngloIrishGuy]

Yeah, I have my costs all worked out and in the format advised at the start of this thread.

 

So fingers crossed for Thursday

[AngloIrishGuy]

OK - Weird.....

 

I just got home from work today and I had waiting for me a letter from CapQuest stating:

 

1) They will have an agent at Court instructed to oppose my application to set aside the SD

 

and

 

2) They do not accept the debt BUT because of time, costs and bla bla bla they would be willing to have the SD set aside as long as there in no order for costs and that I should contact them by 3PM today to let them know.

 

NOW - I just got this so its not possible for me to contact them - but what are they playing at? this seems madness, however if I had of read this before I went into the office I probably would have called and agreed as I cant deal with the hassle of all this - as it stands off I go to Court tomorrow ;( - its all so bloody weird!!!!!

[the_shadow]

They know your application is more than likely to be agreed hence they dont want the costs against them. As to leaving it till the last minute that plays into your hands.

 

Did they mark the letter "without prejudice"?

 

If not, I would take the letter to the court tomorrow and when the weasel states they offered to withdraw the SD as long as you agreed no costs show the judge the letter, state it arrived the day previous and that you did not have a chance to agree... plus they have had lots of time to withdraw or make the same offer previously and have not.

 

S.

[42man]

Usual hot air.....I have NEVER heard of them sending anybody to court yet....they have the cheek to send YOU a demand then state...because of time, costs etc etc....Do they really expect you to be beholding to them, for sending YOU a demand that you have the initiative of getting it set aside... !!! show it to the judge !!! shocking....dont forget to report them to the OFT too...

[AngloIrishGuy]

Thanks The_Shadow and 42man,

 

The letter is NOT marked "without prejudice" - But it is signed by a real person (a Legal Support Person), the first time they have ever sent me a letter with a real signature.

[ODC]

Looks like you called their bluff. They obviously had NO intention of following through with the Stat Demand or else they should have had their case in order. They used the SD purely as a means to intimidate you. Luckily they underestimated CAG. Report their sorry asses to the OFT, Your MP and any other regulatory body you can think of. Its time these Shysters were put out of business. Bet you arent at all worried about going to court tomorrow now!!!!.

[Brent-London]

OK - Weird.....

 

I just got home from work today and I had waiting for me a letter from CapQuest stating:

 

1) They will have an agent at Court instructed to oppose my application to set aside the SD

 

and

 

2) They do not accept the debt BUT because of time, costs and bla bla bla they would be willing to have the SD set aside as long as there in no order for costs and that I should contact them by 3PM today to let them know.

 

NOW - I just got this so its not possible for me to contact them - but what are they playing at? this seems madness, however if I had of read this before I went into the office I probably would have called and agreed as I cant deal with the hassle of all this - as it stands off I go to Court tomorrow ;( - its all so bloody weird!!!!!

 

 

1. Go to court

 

2. Get the SD set aside - looks like they dont have a case and are bluffing (as usual for Capquest - Barry Davies are you watching????)

 

3. DEMAND COSTS!!!!! DO NOT LET THEM BULLY YOU!!! Its the only language these a***holes understand! Dont forget to add the costs of your attendance tomorrow too!

[lilly white]

TO YOU OF COURSE HOWEVER,I BELIVE THAT YOU KNOW WHAT TO DO. WHO ARE THESE PEOPLE.

 

 

In any event, it is denied that the Defendant has or ever has had liability to pay XXXXXXXX whomever that may be - any sum whatsoever.

 

KIND REGARDS LILLY

Edited September 30, 2009 by lilly white

[the_shadow]

Thanks The_Shadow and 42man,

 

The letter is NOT marked "without prejudice" - But it is signed by a real person (a Legal Support Person), the first time they have ever sent me a letter with a real signature.

 

Put simply "They blinked"

 

S.

[42man]

Copy this and show it to the judge...the fact they won't turn up means they aren't serious - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

[saintly_1]

I know this thread is long but have a read it should help ease any worries you have about court http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/155477-sd-received-post-day.html

[AngloIrishGuy]

Thanks Guys - well fingers crossed for the AM - I will let you all know how it goes.....

[MrsL]

subbing. Good luck tomorrow.

[ODC]

Thanks Guys - well fingers crossed for the AM - I will let you all know how it goes.....

You will be one in the Court who is smiling. The poor wretch from Crapquest is the one who will have to go back to the threat Centre and explain why they owe you money and that yet again CAG is much superior to the DCAs

[Linus]

Goodluck and go get 'em.....

[babybear39]

Good luck and make sure you get your costs

[AngloIrishGuy]

CRIKEY.....THAT WAS NOT GOOD.

 

So, CapQuest DID send a someone along to represent them. We spent a total of 6 Mins in front of the Judge. Judge did not seem all that interested in discussing the case other than to say that he saw the dodgy bank statements and that I need to file a response to CapQuest's witness statement (I think thats what he said) and that it had better be something of substance or I would louse.

 

Next steps are by the 9th I respond in writing, CapQuest will then have several days to reply then another session but I did not need to attend that in person - is that right? apparently someone from the court will write to me with the details and next steps.

 

It all happened so fast - not feeling to good about this

[ODC]

Step back and catch your breath.

 

You have more time to prepare a proper response to Crapquest now. They havent produced a CCA, the alleged debt is Statute Barred and the statements did not even refer to you.

 

All today was about was a Set Aside. You are no worse off now than you were before you went into Court. In fact I would say you are better off