Another CapQuest/SD case *** WON + COSTS ***

[AngloIrishGuy]

Very interesting I notice that Barry Davies (Currently Capquest) is EX 1st Credit's LCS solicitors, who had restrictions placed on them by the OFT - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/116591-1st-credit-stat-demand-2.html#post1418978 - it would seem from this thread that there have already been some complaints made to the LSC !!!

 

Aries - sorry for posting on your thread, I just want to respond to 42man's post.

 

42man – I just saw your post that Barry Davies worked for 1st Credit? at the time they got their restrictions planed on them by the OFT about SD’s. This makes sense why the sudden explosion of CapQuest SD posts.

 

So I guess Barry jump'd ship and is starting his dubious practice all over again - I think the OFT need to be informed of this, especially with CapQuest's license coming up for renewal at the end of the year.

[Ariesi64]

Hi all, just a quick question. Im due in court this week to aply to set aside, Capquest say agree without costs etc...

 

My defense is

1) Issused the SD without ensuring it was delivered correctly, no prior contact etc (it was delivered by first class post)

 

2) Using the SD route for debts without other routes first (they can't issue SD for these kind of debts unless they have obtained a CCJ against you. Its an abuse of process) ? - this bit im unsure about, I understand this should be the very last phases in debt collection, not the first?

 

3) Issuing SD without having the correct paperwork in thier hands when they issued it

 

4) Non compliance with CCA

 

5) Also the amount of charges/interest on the account

 

Am I on the right path please? Sorry ive been very ill last week so lost some research time and still struggling to understand the legalities of this.

Edited September 5, 2009 by Ariesi64

[the_shadow]

Hi all, just a quick question. Im due in court this week to aply to set aside, Capquest say agree without costs etc...

 

They would , they've got caught out and now want to surrender but not suffer any consequences

 

My defense is

1) Issused the SD without ensuring it was delivered correctly, no prior contact etc (it was delivered by first class post)

The Insolvency act says they must have proof it was delivered to the right person, normally they hand deliver and an affadavit is signed to this effect if its serious. They have done it on the cheap

 

2) Using the SD route for debts without other routes first (they can't issue SD for these kind of debts unless they have obtained a CCJ against you. Its an abuse of process) ? - this bit im unsure about, I understand this should be the very last phases in debt collection, not the first?

I dont think there is anything that says they cant use this process, but its not the usual method of obtaining a judgement, you would expect them a)to warn you b) to give you a chance to come to an arrangement and c) last resort issue a stat demand... but all this is only if they have the legit paperwork and are sure the i's are dotted and t's crossed prior to commencement.. in this case sadly as others they havent done a jot since obtaining the debt.. just push straight ahead and ask for a SD.

 

3) Issuing SD without having the correct paperwork in thier hands when they issued it

Correct, but chances are they STILL dont have the correct paperwork and hopefully you've used 42man's excellent defence in the forms you've already filed which state the need for a valid default and CCA.

 

4) Non compliance with CCA

Ooops game over for them

 

5) Also the amount of charges/interest on the account

Ooops game over twice

 

Am I on the right path please? Sorry ive been very ill last week so lost some research time and still struggling to understand the legalities of this.

Please please read through some of the success stories in this thread below...., it'll get you understanding what the process is in court.. the fact they have said they agree to set aside but just dont want the costs is the magic bullet.. if you have this in writing then show the judge and explain the amount of work you have had to put in to get this sorted and the anguish this threat has caused you.

 

Search for SD stories in here -->> DCA Legal Successes - The Consumer Forums

 

You will need to submit costs to the court 24hours prior to the hearing.

 

S.

[Ariesi64]

Thankyou so much for that!, that helps a lot.

 

One more question, the only real costs I have is the time spent researching (I dnt work in the day, I walk to the court etc) so I just apply for that. I know i have to put my costs to the court 24 hours before, but do i have to send to crapquest also my costs? how do i send it if so, fax, post or what? I really dont want them to get it till as close to the 24 hours as poss. I dont want to fax (they dont have my number) or email (threy dont have my email!!)

 

thanks )

[stuscfc]

Quick update, court next week to apply to set aside, still no CCA yet.

 

A letter from Cap today, enclosed a copy of the letter to the court, saying they dont have time to gather the required information so quote "we ask the aplication is granted but with no order as to costs" It also goes on to say that they anticipate subsisequently obtaining the information saying debt is due they will proceed with a claim in the county court which I then have an oppertunity to defend.

 

first - what will happen now if I apply for costs, will they turn up and fight me?

 

second - does this mean they will take me to court if they produce a CCA?

 

any advice please really appreciated

 

thanks

 

 

I had the same letter off them last year and the court awarded costs anyway.I think it would annoy the judges that they were trying to dictate the workings of the court and influence the cost order.Also for costs add the costs for postage and time spent in court say 1 hour i think is fair not sure if its right as it has been a year since i went through it.

[the_shadow]

Thankyou so much for that!, that helps a lot.

 

One more question, the only real costs I have is the time spent researching (I dnt work in the day, I walk to the court etc) so I just apply for that. I know i have to put my costs to the court 24 hours before, but do i have to send to capquest also my costs? how do i send it if so, fax, post or what? I really dont want them to get it till as close to the 24 hours as poss. I dont want to fax (they dont have my number) or email (threy dont have my email!!)

 

thanks )

 

Send to the court, you can hand a copy to the "other side" if they bother to turn up and if you want to.

 

S.

[Ariesi64]

Sorry but im still a bit confused. Im still unsure wether I have to send a copy of my costs claim to capquest, I just read this from this post http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/215808-6hrs-later-still-struggling.html#post2377768

 

"Its not correct to say you dont have to serve Capquest with anything - you are required by the Civil Procedure rules to serve upon them a copy of your cost estimates 24 hours before the hearing. Equally, they need to do the same to you. So if you get nothing from them by Monday then they cannot claim costs for attending."

 

 

 

Can someone please confirm if I do or do not have to let capquest know my costs claim.:?

 

I really dont want to get this wrong. I have to submit the claim in the morning.

 

thanks in advance

 

 

Edit -add

 

Ive just noticed that the letter capquest sent me saying they had requested a copy of my agreement from Citicard shows the balance and they are still adding interest, but the ac**** is in dispust, they cant do that I thought?

Edited September 7, 2009 by Ariesi64
added a little question

[Ariesi64]

Well I go the SD set aside.

 

Cases were running late so betime I went in I felt sick.

 

The Judge tbh wasnt interested in anything I took with me, he just read the avadivit, read the capquest letter, asked what grounds I wanted to set aside, I said they dont have any documentation, he then read out the part about capquest not opposing if no costs, he then looked at my costs, cut it right down as he only was interested in what I put on the avadivit (I had 3 files of paperwork in front of me, he dissmissed it all) came out with I think £30 costs which is more than I had when I went in.

 

You know the worst thing? I wasted my 2 weeks holiday researching and learning all I could for this "hearing" and it just turned out to be a 5 minute decision. The Judge wasnt interested in anything that capquest had done, he seemed more surprised I was applying for it to be set aside. I was tempted to leave the capquest folder on the desk but he seemed the type to not care.

 

At least its now set aside, guess I wait now for what they spring at me next. Mine wasnt a pleasant exerience but I urge everyone else in te position to apply to have it set aside, from what I have read the Judge I had seems to be in the minority.

[42man]

Judges do vary wildly.....but you got the desired result well done, make sure you report them to the OFT (If you haven't already)....and make sure they pay you....

[supasnooper]

Well Done and Congratulations on seeing this through.

 

I'm sure you're a bit peeved at the Judges responses, especially with you using your hols to research the case..........but you've WON, which is what you wanted.

 

Now enjoy a tipple or two to celebrate.

 

And make sure you get your costs....you know where we are if they don't pay.