6hrs later,still struggling... **Stat demand set aside won with costs**

[harvie]

thank you babybear,just one more question what is the £10 for? will sending a cheque give them my new bank details? sorry for being dumb!

[babybear39]

Hi there,

 

It's the admin. charge.

 

Use a postal order or get someone else to write the cheque for you

[harvie]

thankyou so much your a star!

[babybear39]

Thanks

 

You still need to get the SD set aside which involves filling in forms 6.4 qnd 6.5 from here:

 

Forms

 

The affi can be sworn at your local county court that deals with BR

[harvie]

ok.

these forms should be filled in before sending the letter,or when/if they respond?

is it a straight forward thing to do? does it cost?

 

thanks

[babybear39]

They have thier own timescale ie. 18 days after the SD was deemed served. How was the SD served? 1st or 2nd post or personally?

[harvie]

posted 1st class.

reading the letter again it states 18 days to set aside. i will send the letter you suggested but unsure how then to proceed,do i just print off the forms and take them to a court?

[babybear39]

Your best bet is to find out your local county court that deals with BR.

 

I'll flag your post for help with the SD forms

[Michael Browne]

but unsure how then to proceed,do i just print off the forms and take them to a court?

Yes but not all county courts deal with SD's. Phone your local one first to find out. See here:

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

[harvie]

will let you know how i get on.

 

thanks again!

[harvie]

thanks michael will do.

[stuscfc]

ok went through this last year with them.send the statute barred letter to them, DO NOT SIGN IT, by recorded delivery.fill in the set a side paper work as what i can see this is your defence being statute barred.also what i did first was check my credit files just to make sure as defaults come off after 6 years and under the limitations act they can only chase them for 6 years from when last payment or writen correspndents was made.as far as the original lender gos it is unlikely that they would have any record of your account as they dont keep amything after 6 years so i was told by a larege building society last year.

if you eant any more info have a look at my thread from last year i cant link not sure how lol just click my name should be some info there.

[Michael Browne]

Stuscfc's Capquest thread here:

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156641-capquest-statutory-demand-help.html

[stuscfc]

ty my friend not great with doing links.

[harvie]

hi all

i recently received excellent advice from you guys on how to deal with demands from capquest, for a debt from 1999 ,which forms to fill in and what to do with them.

advice taken on board and of i popped to the local court with relevant paperwork,dont know what i expected but ive just had a letter telling me a hearing is to take place in 2 weeks! does this mean i will face barry davies from capquest? i feel sick with nerves! please someone tell me what happens in court. thanks.

[saintly_1]

I have merged the 2 threads so that poeple can see exactly what advise has been given previously

 

 

saint

[saintly_1]

You could have a read of this thread

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/155477-sd-received-post-day.html

[42man]

Capquest very rarely turn up in court, on a few occasions they have sent a witness statement to the courts....but you have nothing to worry about...and don't forget to submit your costs to the court either by fax or by post so that they are AT the court at least 24 hours before the hearing....

[42man]

It will probably be just you and the judge.....show him this - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices and explain that the debt is statute barred and you feel very angry that they have issued a frivolous demand of which the Office Of Fair Trading has cracked down upon recently (re 1st Credit) and you feel that using a statutory demand is an abuse of the Insolvency Service as it seems to be being used as a debt collection tool. Then ask the judge very kindly for your costs....!!

[42man]

Call the judge sir/madam, be polite but firm. speak clearly....i'm sure you'll be fine. If you have any problems whatsoever then you can bring in all the other aspects of the alleged debt...agreements, default notices, penalty charges, etc etc....

[babybear39]

Thanks for your PM harvie.

 

I see that 42man has answered your query fully.

 

Good luck and best wishes for the hearing, remember, don't be scared it's very informal

[harvie]

thanks for your advice, you mention asking for my costs? sorry to be stupid but what cost should i be asking for? dont know what i would do without u guys.many thanks!

[42man]

Have a look here - many thanks to Babybear for this link - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/211818-lowell-hampton-statutory-demand-3.html#post2337865

[harvie]

hi

thanks for your help earlier,should i have communicated with capquest before i went to court to have the statutory demand set aside? just reading similar problems on here and some advice given says send a "proof it letter" to the agencies,wondering if thats something i should be doing?

thanks again

[harvie]

hi once again!

great advice given in the past,just need bit more.

after asking the courts to set aside my statutory demand i am now due to attend court this coming tuesday:(

i have just received a letter from capquest which they have forwarded to the court,this is what it says:

" 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 RBS. in order to deal fully with the application to set aside we will need information from the originator which we not be able to obtain in time to prepare ans 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.

we do not accept that the debt is not due but in view of the time considerations and use of the courts time we ask that the application be granted but with no costs. if, as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed bu issuing a claim in the county court which will allow the applicant the opportunity to defend the claim.

 

so sorry for asking you to read all this but please can someone explain what happens next,do i still turn up for court?

wasnt going to ask for costs anyhow because i dont know what to ask for or how to go about getting costs.

 

will this debt ever go away!

many thanks