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

[Brent-London]

Capquest at it again!!!

 

UNDER NO CIRCUMSTANCES ACCEPT A "no costs" order - if the SD is set aside (which it probably will be) you have the RIGHT to costs at the litigant in person rate of £9.25 per hour - that includes letters, research, travel, attendance at court etc. EVERYTHING!

 

DON'T let Capquest (Barry Davies by any chance?) bully you into thinking you cannot claim costs. I recently had the same thing and WON £175 costs against them!

 

Here's the thread:

 

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

 

I can upload a copy of the letter I sent to Barry Davies demanding costs and telling them basically to b****er off.

 

Judges are VERY sympathetic to people in this situation as Capquest abuse the SD process all the time!

 

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

[ODC]

Crapquest should have had their paperwork in order before they issued the SD. By their own admission they had no intention of following it through. You MUST report them to the OFT. Go to the Court as you have not been told by the Court not to appear. Claim your expenses off Crapquest

[Brent-London]

You really should claim costs - you are entitled to them! Capquest et al get away with tis all the time because people do not claim costs. We need to start hitting them where it hurts!

 

Happy to help you - here.s a copy of my costs schedule. You'll need to send them a similar thing in advance of the hearing. Just make sure you put your name and reference number on the top.

 

Capquest contact info:

 

Barry Davies | Head of Legal Services | CapQuest Group Limited |

Fleet27 | Rye Close | Fleet | Hampshire | GU51 2QQ |

Direct Dial: 0870 084 2568

Fax: 0870 084 2568

Mobile: 07920 136 054

Email [email protected]

 

I recommend emailing and faxing so you know they get there in time!

Capquest costs schedule.pdf

[Seminole]

Extraordinary. Capquest take the extreme step of issuing a statutory demand and then try to withdraw it as soon as you seek to have it set aside because they don't have evidence to support their claim.

 

I'd be inclined to go along to the court and demand costs as suggested and let the judge express his views on the situation. SDs are a precursor to bankruptcy not frivolous correspondence.

[Brent-London]

Heres a copy of the letter I sent to them. You may want to adapt it for your own use.

Capquest SD set aside 090709.pdf

[Brent-London]

I agree 100%

 

I'd be inclined to go along to the court and demand costs as suggested and let the judge express his views on the situation. SDs are a precursor to bankruptcy not frivolous correspondence.

 

Judges take a VERY DIM view of this kind of behaviour. I am 99.99% sure you will get costs if you ask for them! Go for it and don't let Bully Boy Barry Davies scare you!

[harvie]

thanks for your help brent,feel really cheeky asking for costs,havent sent any letters to them so no postage, probably £10.00 in petrol to and froing to court and about 6 hours navigating round this site,lol! plus 3 hours sitting in citizens advice and 2 mornings off work.

wouldnt i need prove of the above claim? and would i just set it our like yours,sending one copy to b.davies and another to court?

crap at things like this!!

am i likely to be asked any questions by the judge?

[ODC]

Extraordinary. Capquest take the extreme step of issuing a statutory demand and then try to withdraw it as soon as you seek to have it set aside because they don't have evidence to support their claim.

 

I'd be inclined to go along to the court and demand costs as suggested and let the judge express his views on the situation. SDs are a precursor to bankruptcy not frivolous correspondence.

................and doubtless in the nasty covering letter it emphasised how serious the SD was and that if you didnt respond they would make you bankrupt.

 

Just make sure to send CRAPQUEST and the Court a copy of your expenses 24hrs before the Court.

[Brent-London]

thanks for your help brent,feel really cheeky asking for costs,havent sent any letters to them so no postage, probably £10.00 in petrol to and froing to court and about 6 hours navigating round this site,lol! plus 3 hours sitting in citizens advice and 2 mornings off work.

wouldnt i need prove of the above claim? and would i just set it our like yours,sending one copy to b.davies and another to court?

crap at things like this!!

am i likely to be asked any questions by the judge?

 

No you dont need "proof" - "litigants in person" are treated differently to legal professioanls. As long as your claim appears "reasonable" then the judge will award it without further problems.

 

Lets see what you have...

 

You can claim:

 

Filling out and copying application to set aside: 1 hour = £9.25

Travel, attendance and waiting at court to lodge set aside application: - 3 hours = £27.75

Researching the procedure : 6 hours = £55.50 (the judge is likely to allow this as you are NOT legally trained and litigants in person are allowed a LOT more time for things like this!)

Getting advice from CAB: 3 hours = £27.75

Petrol: £10

 

TOTAL : £130.25

 

Dont forget - I got £175 of the buggers so you should go for it!

 

Its not YOU being cheeky - its THEM!!!!

[Brent-London]

Suggested reply to capquest attached

[Brent-London]

Try again - attach it this time

Capquest generic.pdf

[harvie]

ok, letter done, now how do i word the cost letter to send with it. telling myself i will never ever get into debt again!! lol!

[Brent-London]

ok, letter done, now how do i word the cost letter to send with it. telling myself i will never ever get into debt again!! lol!

 

Just attach a schedule of costs as I did (attached)

 

Just adjust it according to what you spent yourself. Expect Barry Davies to huff and puff and say "its not reasonable" and "if it goes to court you may get hit with their costs which will be over £800" (such utter rubbish!) and he will make you a derisory offer (less than half what you ask for) but stick to your guns.

 

Write back to him saying that your costs are "fair and reasonable for a litigant in person and I am confident that a judge would uphold them". He will back down eventually (as he did with me) because they NEVER want to go to court - cowards! Don't blink first

Capquest costs schedule.pdf

[harvie]

still struggling! ive just emailed capquest with a cost application,what i need to know for sure (as ive received conflicting advice) is do i or do i not need to send a request to the court hearing which takes place on tuesday to have a statutory demand set aside?

if i do is it the same as the one just sent to capquest?

[havinastella]

Capquest get nothing, The application MUST go to the Court.

 

Jogs

[katpuss]

As far as I am aware you need to request to have the demadn set aside otherwise the court could award the case in capquest's favour.

[harvie]

any ideas on how to word the letter? i was advised to send a letter and a cost application to capquest which i have already done.

[havinastella]

You don't need to send Capquest anything.

 

This is how I set out my costs for a case I had

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html#post1592689

 

You should be able to find one for a SD though. (I'll have a quick look)

 

Jogs

[havinastella]

There you go.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215740-martin-capquest-statutory-demand.html#post2375166

 

 

Jogs

[katpuss]

When capquest sent through the stat demand they should have sent you a form to fill in which you send to the court to have the demand set aside.

[havinastella]

Kap,

 

This is not for the set aside, it's for costs.

 

JOgs

[harvie]

omg! that looks really technical! does it have to be on official court cost paper? if so do i have to apply to the court for this? running out of time the date of hearing is this tuesday.

[havinastella]

It is on normal white paper.

 

Just put down the costs you have incurred. Make sure you fax it to the Court at least 24 hrs before the hearing.

 

Jogs

[Brent-London]

omg! that looks really technical! does it have to be on official court cost paper? if so do i have to apply to the court for this? running out of time the date of hearing is this tuesday.

 

You dont need to put it in any partcular way for the court especially as you are a litigant in person.

 

Dont get confused but all this - its really very simple. Just set out the time you spent, at the rate of £9.25 per hour to arrive at the total.

 

You mentioned earlier that Capquest have already said they will not oppose setting it aside. So the issue is one of costs only.

 

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.

 

Just turn up to court and speak to the judge - there is nothing to be scared of, they are very supportive of litigants in person. Generally, they do not require strict compliance with practice directions from litigants in person as it is expected that you will not know the rules. Most judges will bend over backwards to help you!

 

Oh and if you see my mate Barry Davies from Capquest, send him my regards ;-)

Edited August 20, 2009 by Brent-London

[ODC]

You don't need to send Capquest anything.

 

This is how I set out my costs for a case I had

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html#post1592689

 

You should be able to find one for a SD though. (I'll have a quick look)

 

Jogs

 

You MUST send both the Court and Crapquest a copy of your expenses claim at least 24 hrs before the scheduled hearing