capquest statutory demand for a £260 debt?

[smartyandsassi]

received a statutory demand today from capquest for a debt a little under £260

 

do i need to get it set aside?

[phil_nottingham]

i was under impression you can only do a SD for over 750, since you cant make someone bankcrupt for less then that.

 

Looks like Crapquest has messed up big time!

[cerberusalert]

Make a complaint to Trading Standards & the OFT, IIRC they've been warned before about these tactics.

[Boss-man]

I'm pretty sure that you can't issue bankruptcy proceedings for less than £750.00. I'm no expert but I'm sure someone will be along shortly to advise you exactly how to handle this.

 

Surely the courts must be reaching the point where they are getting sick of dealing with these SD's, do we think anything will be done?

[ScarletPimpernel]

Apply to get the SD set aside, on the grounds that the amount claimed is below the £750 limit for bankruptcy, ensuring you ask the court for costs - and then complain to TS and OFT about Capquest.

[smartyandsassi]

thankyou for your replies,

I'm sure this will show my ignorance in these matters, but do i have to pay to get it set aside, or just fill in a form?

What costs would i ask the court for?

[phil_nottingham]

no you can do it for free, someone should give you a list of what you should , what you can claim for etc.

[saintly_1]

You need forms 6.4 and 6.5 from here Forms

[ODC]

Crapquest really have a death wish. Why they ever employed Barry Davies who already proved this tactic a costly mistake

[ScarletPimpernel]

capquest really have a death wish. Why they ever employed Barry Davies who already proved this tactic a costly mistake

 

Because they know the anaesthetised slug that is the OFT will take ages to stop them, and they think they can get away with it. In the meantime, for everyone that gets a dodgy SD set aside, many more will pay up.

 

The question we should be asking is why the regulators fail to take rapid, decisive action, and why Davies has not been held to account.

[42man]

Your defence will be something along the lines of.

 

The alleged creditor has issued a demand for a sum which is under the threshold for a petition. (Currently £750 - Insolvency Act 1986)

 

I refer to:-

 

Jacob v Vockrodt [2007] EWHC 2403 (QB) when petitioning is an abuse of process that could involve the tort of malicious presentation of a bankruptcy petition.

 

The alleged creditor has committed an obvious abuse of the process and is misuising the Insolvency Service as a tool for debt collection.

 

In light of the defence, and facts above the defendant requests that this frivolous statutory demand is set aside as an unlawful and vexatious action.

 

In light of the upset and distress this has caused me I also request the judge pay my costs and make and indemnity award in my favour.

 

I refer to: -

 

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).

 

In support of this case 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.

[42man]

You might also like to copy this and show it to the judge - http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

[42man]

In any event what you MUST do is send a copy of the Demand to the Office Of Fair Trading - I URGE you...

[stuscfc]

Definately send a copy to the OFT as stated by 42 man they are looking at these muppets and there practises.

[rameses_qc]

Yes Yes and 100 times yes. Send a copy to OFT. This despicable low life company MUST surely have their licence removed soon. The garbage that is their directors need to be put well in their place. They know that what they're doing is unlawful, yet they carry on doing it. Why? Because they know that no-one in the OFT has the balls to do anything about it

[ODC]

You should also point out that the sihnatory of the SD used to work for another company whose name we are not allowed to mention but were also warned last year by the OFT for their use of SDs

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA

 

I will be sending this post to every Cagger I have on my list so you may receive it again.