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    • Sorry, but we need to see the entire claim form in PDF. Scanned. I'm particularly interested to see the description of the parties. Also, I notice that you said that you would provide further details of your claim. This was unnecessary – and probably you shouldn't have done it. Have you sent them something now?
    • Its new Premium account costs £15 a month and comes with features including phone and travel insurance. View the full article
    • and here is the Hermes response:   Intention I intend to defend all of this claim   Signed I am the Defendant REDACTED Hermes Legal Department 19/10/2020
    • Here is my claim:   Particulars of Claim I posted the Item at a collection point which I was provided the following tracking number: REDACTED The tracking did not update past the point it was collected from this shop, and I had flagged this up from the 6th. PackLink have offered compensation amounting to £25 which I have refused. They do agree that the parcel is indeed lost, but are not willing to payout the value of which the item sold for. PackLink have refunded me the cost of the label which amounted to £7.08 There is a packlink reference number for this case, which is: REDACTED In essence, PackLink admit they are at fault, but are not willing to compensate me for the full value of the item at its sold price. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.   Details of claim Amount claimed£1,490.00 Court fee£70.00 Total amount£1,560.00
    • Thanks for your reply, yes they got the items back undamaged.    The police got of to sign the recorded warning but the man in tesco didn't have me sign anything, he just took my name and address,  didn't ask any other questions or say anything about a "fine"   Was just a one off.  I had just lost and buried my 21 year old nephew.  So really wasn't in right frame of mind. Deffo wont be doing that again.  Nearly 30, with a clean record up till now so was a big shock for some stupid items that I had the money to actually pay for.     I'm currently in the processes of being refereed to a therapist. To try and help.    I'll make sure that I update this if I recieve any more letters from them and I'll make sure to keep them. 
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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Another SD from CapQuest !


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Hi all.

 

I have recently received a SD sent second class post from Capquest for an Egg credit card debt which is probably around 8 years old.

 

I have had various other letters in the past from Capquest but have chosen to ignore them due to the age of the debt and the likelihood of it being SB.

 

Because of the age of this debt I am unsure whether or not I received a CCJ at the time and obviously this is no longer on my credit report . I do have 3 CCJs from around this time (all unpaid) when my finances got out of control but my old credit report only shows one for £1693 that would be anywhere near the amount they are saying I owe - £2055 which includes interest of £733, so this amount is different.

 

What is the likelihood that Capquest know the full details of this debt or is it entirely possible they are just trying it on ?

 

Also having read through the SD it appears that some dates are missing, first from the particulars section;

 

"The debt relates to the unpaid balance of sums due under Credit Agreement dated ???? made between ME and Egg Banking Plc......."

 

 

“The rights and duties of Egg Banking Plc passed to the Creditor pursuant to an assignment dated ???? “

 

And also from part c where no dates of assignment have been included.

 

I am unsure on how to proceed with the SD - do I CCA them or SB them - or just completely ignore the SD due to the information being a bit vague & being incorrectly served or have it set aside anyway - but on what grounds ?

 

If I CCA or SB them it would then be known to them that I have received the SD so out goes the serving issue.

 

Dont really know what to do for the best !

 

Help !

 

Thanks

 

S

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Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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thanks to 42 man

 

read this

 

 

You need to fill out forms 6.4 (set aside) and the affadavit (6.5)....once you have filled these out then you need to take them to your nearest county court that handle bankruptcies (telephone them first to find out if they do, if they don't then they should be able to tell you the name of the town closest who's county court handle them) Once you have handed them to the court staff, ask for them to swear in your affadavit and any accompanying paperwork (such as a copy of your CCA request and copy of recorded delivery slip)....the swearing of your affadavit is usually free at a county court, £5 at a local solicitors office or around £12 to do at central London courts)..

 

You can find the forms here - Getting Statutory Demand Set Aside**WON IN COURT**

 

Once you have handed in the forms you should await a court date...

 

If it was me in your shoes as for the affadavit I would write something along the lines of.

 

The alleged debt is totally disputed.

 

The alleged creditor has not provided any proof whatsoever that the alleged debt is barred by the Statute Of Limitations Act 1980

 

The alleged creditor states that the amount is owed under an agreement which has not been provided

 

Under section 78 (1) of the Consumer Credit Act a formal written request for any true copies of signed consumer credit agreements was sent to Capquest. via guaranteed/recorded delivery on the (insert the date on the recorded delivery slip here) (see attached document 1 – you need to copy the letter and the recorded delivery slip (take 2 copies) – to date they have not sent any copies of any Consumer Credit Agreements and they are in default of that request under section 78 (1) of the Consumer Credit Act

 

I believe there are no properly executed signed Consumer Credit Agreements (as the account does not exist),

 

Consumer Credit Act 1974

10.—(1) For the purposes of this Act—

(a) running-account credit is a facility under a personal credit agreement whereby the debtor is enabled to receive from time to time (whether in his own person, or by another person) from the creditor or a third party cash, goods and services (or any of them) to an amount or value such that, taking into account payments made by or to the credit of the debtor, the credit limit (if any) is not at any time exceeded; and

(b) fixed-sum credit is any other facility under a personal credit agreement whereby the debtor is enabled to receive credit (whether in one amount or by

instalments).

(2) In relation to running-account credit, " credit limit" means, as respects any period, the maximum debit balance which, under the credit agreement, is allowed to stand on the account during that period, disregarding any term of the agreement allowing that maximum to be exceeded merely temporarily.

(3) For the purposes of section 8(2), running-account credit shall be taken not to exceed the amount specified in that subsection (" the specified amount") if—

(a) the credit limit does not exceed the specified amount; or

(b) whether or not there is a credit limit, and if there is, notwithstanding that it

exceeds the specified amount,—

(i) the debtor is not enabled to draw at any one time an amount which, so far as

(having regard to section 9(4)) it represents credit, exceeds the specified

amount, or

(ii) the agreement provides that, if the debit balance rises above a given

amount (not exceeding the specified amount), the rate of the total charge for credit increases or any other condition favouring the creditor or his associate comes into operation, or

(iii) at the time the agreement is made it is probable, having regard to the

terms of the agreement and any other relevant considerations, that the debit balance will not at any time rise above the specified amount.

 

 

The alleged creditor has not provided any default notices in the prescribed form.

 

The alleged creditor has provided no statements for the duration of the account.

 

The alleged creditor has not provided any notices of assignment.

 

SECTION 78 (1) CONSUMER CREDIT ACT 1974

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and..

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

The Consumer Credit Act in section 78(6) States that

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement;

 

It must also be noted that the agreement must contain the prescribed terms.

 

Consumer Credit Act

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

(N.B - For the avoidance of doubt the 2006 Consumer Credit Act does not change the above legislation……

 

The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (No. 123 (C. 6))

Citation

1. This Order may be cited as the Consumer Credit Act 2006 (Commencement No.2 and Transitional Provisions) Order 2007.

Interpretation

2. In this Order the 2006 Act means the Consumer Credit Act 2006.

Commencement

3. (1) The provisions of the 2006 Act specified in Schedule 1 shall come into force on 31st January 2007.

(2) The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2007.

Transitional Provisions

4. Subject to article 5, section 1 of the 2006 Act shall have no effect for the purposes of the 1974 Act, in relation to agreements made before 6th April 2007. (cont)

5. Section 1 of the 2006 Act shall have effect for the purposes of the definitions of debtor and hirer in section 189(1) of the 1974 Act wherever those expressions are used in

a)

sections 77A, 78(4A), 86A, 86B, 86C, 86D, 86E, 86F, 129(1)(ba) 129A, 130A and 187A of the 1974 Act;

(b)

section 143(b) of the 1974 Act in respect of an application under section 129(1)(ba) of that Act; and

©

section 185(2) to (2C) of the 1974 Act insofar as it relates to a dispensing notice from a debtor authorising a creditor not to comply in the debtor's case with section 77A of that Act,

in relation to agreements made before 6 April 2007)

 

REFERENCE TO CASE LAW

 

  • As the creditor has not provided the credit agreement Wilson v First County Trust Ltd [2003] UKHL 40 states that:


  • ‘….the effect of the failure to comply with the requirements of the Consumer Credit (Agreements) Regulations 1983 was that the entire agreement ………….. was unenforceable. The statutory bar on its enforcement extended to First County Trusts's right to recover the total sum payable on redemption, which included the principal as well as interest.’

SUMMARY OF WILSON v FIRST COUNTY TRUST LTD (2003) UKHL 40

 

THE WILSON CASE MADE IT CLEAR THAT IN THE EVENT OF NO ACCEPTABLE CONSUMER CREDIT AGREEMENT THEN THE CREDITOR COULD NOT RECOVER MONIES OWED UNDER ORDINARY CONTRACT LAW REGARDLESS OF WHETHER THEY COULD PROVE THE DEBT EXISTED OR NOT – THIS WAS THE DECISION OF THE HOUSE OF LORDS AND SHOULD THEREFORE BE BINDING IN THIS COURT

 

The law states that without a prescribed agreement the courts may not enforce under 127(3) and

 

1.In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said , at page 1131:-

 

“Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.”

 

2.Sir Andrew Morritt, Vice Chancellor in Wilson v First County Trust Ltd [2001] EWCA Civ 633 said at para 26 that in the case of an unenforceable agreement:-

 

“The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;”

 

I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29

” The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.”

 

If the agreements are, as I expect, unenforceable by law or if no written agreement exists, then the respondent was in error when it stated that a liquidated and legally enforceable sum was due to the respondent at the time the bankruptcy petition was issued.

DEFAULT NOTICE

 

 

The Need for a Default notice

  • Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the petition.

  • It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

  • Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

  • Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

  • Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

The Defendant denies that he is liable to the Claimant as alleged in the demand, /at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956].

The defendant requires sight of the notice of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169

The alleged creditor has not 'served' anything on me, but simply posted a demand by first class - I believe that this is a frivolous attempt at scaring me into paying and therefore an abuse of the process.

 

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

 

On the above information I request that the demand is set aside and I kindly ask the the judge award my costs in this matter as a LITIGANT IN PERSON.

 

As a lone parent/low income earner/low income family with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

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. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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I'd say this was an unlawful and vexatious action, they obviously know this is statute barred, and are hoping and praying you won't set it aside and will be frightened into paying....get this set aside !! and I URGE you to report them to the OFT !! Send off a CCA request to Capquest as well for good measure and a SAR to Egg might be a good idea too.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Thanks for all the replies folks.

 

I have already read up quite a lot on this subject and just wanted some second opinions so thanks again.

 

I will be sending a CCA request to Capquest tomorrow whilst also visiting my local court to hand/swear in the appropriate documentation.

 

I will post back when I have any outcome.

 

In the meantime if anyone feels the need to add anything further to the thread please do !

 

Regards

 

S

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Only thing I can add is go get em:)

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Just an update !

 

Submitted my CCA to CapQuest on Thursday last week & took/swore in my 6.4 & 6.5 at court on the Friday.

 

The clerk actually said that it will go to a District Judge for review before any decision is made on whether to arrange a hearing - is this standard practice now ?

 

Anyway just got in from work and found the 'account on hold for 28 days' letter from CapQuest - should have guessed :rolleyes:

 

Anyone think they'll bother turning up to court now ?

 

Hope not - all that I need to do now is prepare my costs - happy days !

Cheers toast.gif

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This is what usually happens......and I think you'll find they won't turn up....!! keep us posted...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi all.

 

I have recently received a SD sent second class post from Capquest for an Egg credit card debt which is probably around 8 years old.

S

 

I have just WON £175 in costs from Capquest about exactly the same thing - an old Egg account that was statute barred where they sent an SD!

 

Whatever you do - don't let Barry Davies (head of litigation at Capquest) bamboozle you. He is nothing but a bully and will try to get you to settle without costs - DON'T! You are ENTITLED to costs and we need to start staring up to Capquest as they are doing this FAR too often!!!

 

Check out my thread, it has a suggested Costs Schedule to send to them as well:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215740-martin-capquest-statutory-demand.html

 

Good luck and keep us informed! I'm happy to offer advice on dealing with these bullies so just ask. In fact, Im hoping to become Barry Davies' worst nightmare.....

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Dont forget the letter to OFT regarding the SD and crapquest.

 

I think it want belong now untill they get the same as 1st crud!!

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  • 3 weeks later...

Hi all

 

Quick update on my scenario.

 

This just popped through my letterbox from Capquest :

_______________________________________________________________

 

Dear Mr. xxxxxx

 

Re: Application to set aside the Statutory Demand

 

We acknowledge receipt of the application to set aside the Statutory Demand.

 

We attach a copy of a letter we have sent to the court which we think you will find to be self-explanatory.

 

Yours sincerely

 

Legal Department

0870 084 3533

 

Encs.

 

_______________________________________________________________

 

Follwed by:

 

_______________________________________________________________

 

Dear Sirs,

 

Application to set aside the Statutory Demand SD xxx of 2009, xxxxx xxxxxx Hearing Date and Time: 15 September 2009 at 2pm

 

We acknowledge receipt of the application to set aside the Statutory Demand.

 

CapQuest Investments Ltd are the creditor by virtue of the debt having purchased the debt from Egg Banking. In order to deal fully with the application to set aside we will need information from the originator which we may not be able to obtain in time to prepare and serve evidence in opposition to the application.

 

We are also mindful of paragraph 6.5(4)(b) of the Insolvency Rules which provide that if the debt is disputed on grounds which appear to the court to be substantial then the court may grant the application.

 

With a view to saving further costs and the court time we do not see that there would be the need for either party to attend the hearing. In our absence we respectfully request that an order is made setting aside the Statutory Demand. We note that the Applicant would have incurred some cost in preparing his affidavit. We would propose that no more than 2 hours would have been spent on preparing the affidavit and at a rate of £9.25 as the litigant in person we would suggest that adequate compensation would be in the sum of £20.00-this includes any stationary and postage used.

 

We are sending a copy of this letter to the applicant.

 

Yours faithfully

 

Legal Department

0870 084 3533

 

_______________________________________________________________

 

All I have to say to this is - £20.00 ?? Capquest you must be having a laugh !!

 

I think a re-calculated costing is required followed by a complaint to the OFT & my MP.

 

Thanks CapQuest - nice doing business with you !!

 

HowardMoon

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It is up to the judge to decide....!!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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All I have to say to this is - £20.00 ?? Capquest you must be having a laugh !!

 

I think a re-calculated costing is required followed by a complaint to the OFT & my MP.

 

Thanks CapQuest - nice doing business with you !!

 

HowardMoon

 

 

Talk about taking the ****!

 

I got £175 out of them and I know at least one other who got about £130 - £20 is insulting. You should tell them so!

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/215740-martin-capquest-statutory-demand.html#post2387399

 

 

You can email the "Legal Department" directly (its just one person - Barry Davies) at:

 

bdavies@capquestco.com

 

and tell him what you think. And tell them their offer is rejected!

 

Oh and here's my costs schedule I sent them. You MUST sent them and the court a copy of your costs schedule if you want them paid:

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/215740-martin-capquest-statutory-demand.html#post2375166

 

Whatever you do - DONT be bullied by Barriy Davies! He will try everything to get you to settle for a small amount - stick to your guns. Even if it goes to court the judge will CERTAINLY award you more than £20 if they have already agreed to it being set aside!

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  • 5 weeks later...

Ok guys thanks for your replies.

 

I rang the court to ask what the procedure is now as Capquest wish to withdraw the SD and I didnt know whether I still had to attend the hearing or not.

 

The court clerk said that she had spoken to the judge about this and said that the hearing date would still be listed even though Capquest want to withdraw as I may wish to put forward my thoughts & any argument for the set aside to the judge incase they try it on again.

 

Alternatively she said that I could write to the court outlining my thoughts/arguments and also include my costs that way without attending.

 

Either way the judge WILL agree to the set aside.

 

Now I cant really afford the time to attend court due to work commitments but I do wish to put something in the letter to the effects of what a shower of **** Capquest are ! I also want to submit my costs as I do not agree with Capquests suggestion of £20.

 

Could anybody point me in the direction of a template for a good letter to send to the court as I am having trouble in wording my own.

 

Thanks in advance.

 

S

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