Statutory Demand - Capquest

[tigs68]

Hi All i have just received a letter from Scotcall debt collecting Services telling me the capquest debt has now been placed with them and that i should pay with in 7 days, its a very christmassy letter as in big red letters DOORSTEP COLLECTION NOTICE- PLEASE READ CAREFULLY.

 

my question is are capquest allowed to do this when i have a set aside hearing on 25th Jan?

they provided me with a joke of a CCA

an no proof its not SB.

 

thanks tigs

[hungrybear]

Technically no they cannot do this. Either ignore scotcall, who are usually brought in as a desperate last attempt before giving up by the way, or send them the sod off in dispute with capquest letter

[tigs68]

Ok thanks hungrybear can i use this at my hearing another nail in the capquest coffin.

 

tigs

[hungrybear]

Ok thanks hungrybear can i use this at my hearing another nail in the capquest coffin.

 

tigs

 

 

Well I suppose you could use it as evidence of there evasiveness to your statute barred ascertions. Remember that it is against OFT guidelines to chase an SB debt once you have been told it is SB.

[ODC]

What a wunch of bankers and Cupid Stunts. They issue a Stat Demand and then pass it to the pond life that is Snotcall. The judge is just going to love their abuse of the Insolvency system.

 

The problem with capquest as with all DCAs is that they tell so many lies that they end up confusing their own TINY minds

[tigs68]

OK HELP guys i have my hearing in a week and i dont know what i should be taking and saying and what points i should be using.

 

Tigs

[42man]

OK....nothing to worry about, just relax...have you sent your costs into court ? These need to be in the court file at least 24 hours before the hearing a link here - http://www.consumeractiongroup.co.uk/forum/legal-issues/207135-stat-demand-arrow-global-3.html

 

They are still in default of your request for a copy of your agreement and the relevant terms.....they only sent a one page application form.

 

The debt is also barred by the statute of limitations act 1980, you queried this before the statutory demand came through I believe, they quoted that you made a payment in April 2004....you have evidence/statements that prove that yo umade no such payment, you feel they may be less than economical with the truth... that you never paid them. They have not provided any evidence to support this....you feel that the demand is frivolous in that it is obviously designed to scare you into paying...

 

Moreover...they haven't provided any valid default notice that contains the prescribed terms.

 

PPI ? Penalty Charges ?...

[tigs68]

thanks 42man,

this is a supposed catalogue debt, do i have to apply for costs? can i also use the fact i havent had a notice of assignment, and what should i take to the hearing with me appart from something to steady my nerves.

 

Tigs

[42man]

No you stand up in front of the judge and you show him how angry and distressed you obviously are at this company who are well known for issuing stat demands as a tool for debt collection...and yes no notice of assignment....

 

This was clearly disputed - and it is an obvious abuse that they are issuing a demand...show the judge this too - http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

 

And as you have evidence that you never made a payment when they said then you can tell the judge you feel they are being less than economical with the truth.....!!

[42man]

And yes, get your costs in....!! what is the worst a judge can do ? say no... - and don't forget this -

 

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).

 

All they have done is said you made a payment...they never provided any proof whatsoever -

[tigs68]

Ok thanks 42man i have quite a bit to be getting on with i'll get onto it today and if i hit any probs i'll be back lol

 

Tigs

[tigs68]

Ok a bit more help needed here:

This is my defence i am writing up at the mo:

The statute demand i received was my first knowledge of this debt being sort after.

I also have here a copy of the requirements imposed by OFT in a simliar case.

Capquest are still in default of my request for a copy of my agreement, they sent me a copy of the application with no relevent terms attached, included with the screen print of the signed slip i received a covering letter stating i would receive a notice of assignement as of yet i have received nothing.

The debt is barred by the Statute of Limitations act 1980, in their reply was that a payment was made of ....... on ........, i have here copy of my bankstatement for that month with no amount that matches theirs being paid out. (do i have the right to blank out the payees off of my bank statement and just leave the amounts payable) they havent shown any evidence to support their claim.

I have since requesting the set aside hearing received from ............ a debt collection agency acting on behalf of capquest to collect the above mentioned debt, i have that here with me, ( i feel there is something i should put here but not quite sure, as i thought it might be an abuse of process)

I have also not received a valid default notice.

 

Feel free to suggest things to add or remove, any suggestions greatfully received.

 

Tigs

[tigs68]

Well Folks this morning i have received a letter from Capquest and i shall copy a paragraph here:

 

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

There are no additional matters upon which we will be able to assist the court at the hearing of the application to set aside the sd and in view of this and with a view to saving costs we therefore ask that our attendance at court on 25 jan2010 be excued and that this letter should be placed before the district judge as an explanation of our absence"

 

I have called the courts they have had a copy of the letter and are going to ask the judge if i need to attend.

 

Thank you all for your help

 

Tigs

[DonkeyB]

Sod that letter - go for your costs!

 

They issued you with the SD, so they will have to pay. They are admitting they issued an SD without good reason, with no proof to hand, and that is a clear abuse of the judicial process.

 

Report this to the OFT, please!

[ODC]

I agree. Crapquest should have thought about what proof they had before they issued the SD. They have as good as admitted the SD was issued purely as a means to intimidate and force you to ring their telephone threat monkeys. You MUST report this to the OFT and send the OFT a copy of the letter. CRAPquest were warned about their misuse of SDs

[splicer]

Subbing

[tigs68]

Ok wish me luck folks, the Judge wants me in court even tho Capquest are not going to be there, costs sorted and evidence and arguement ready..................................plus plenty of deep breathing being done.

 

Tigs

[DonkeyB]

That is good news, I think. It will be nerve-wracking, but good experience should this ever go any farther. Highlight the points that me and ODC made above. And don't forget to complain tho the OFT, and include the judge's comments! Good luck.

[tigs68]

Well i'm not a happy bunny ...................got to court judge called me in told me she had a letter to say they werent turning up, that when they have their evidence together they will issue a court summons and i can either pay it off or wait for the summons,case is adjourned, thankyou for coming goodbye.

So what a waste of my time and my energy, i didnt even get to say a thing.

 

Tigs

[DonkeyB]

Adjourned? You don't adjourn SD set-aside hearings because the claimant wants to issue a full court claim! So did she not set it aside? That was the point of the hearing. Did you ask for costs?

[tigs68]

i wasnt allowed to ask anything so not a happy person ...............roll on the summons and i will be fighting................grrrrrrrrrrrrrrrr

[DonkeyB]

So was it set aside?

[lilly white]

how strange

[tigs68]

the words she used where adjourned but i think she ment set aside i was in there a couple seconds, totally confused, i will ring the courts tomorrow.

 

tigs

[tigs68]

Ok i have clarification today in a letter from the courts, the SD has been set aside...........so thats some good news i think what can capquest do now?

 

Tigs