Capquest please help!!!! Stat Demand **SET ASIDE**

[citizenB]

Thanks Citezen b.

 

This all quite exciting actually. I have really got the bit between my teeth. I am sick and tired of being pushed around.

 

 

:D Now, that I like to hear:D

[WHITEHART80]

This might be a bit cheeky but, I if I post my original poc on here would you be able to advise me on any amendmants I need to make.

 

My original poc seem to differ slightly form others I have seen.

[WHITEHART80]

This is my original POC form my claim.

 

The Claimant has an account ####### with

the Defendant, opened in 1999. Since

21/08/2002 the Defendant debited charges and

interest in respect of purported breaches of

contract.Defendant is aware of all details

as a list of charges has already been

supplied. Claimant contends: The charges

exceed the Defendant's losses caused by the

breaches; The Term permitting the Defendant

to levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. Claimant claims:

return of the amounts debited of £3968;

Interest per S.69 County Courts Act 1984 of

8% - £951.54 continuing at 8% until judgment

or settlement at a daily rate of £0.87;

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982. Costs allowed by the court.

I am guessing this will need to be amended? I am a bit confused as to how to proceed.

[citizenB]

Yes, I think you may need to amend these. Not sure right this minute how you would go about that as I think the changes are being worked on at the moment.

 

As soon as I get an answer, I will be back.

[WHITEHART80]

Thank you.

[42man]

Keep going with the set aside....as has been said it is in clear dispute, and this is a highly vexatious and unlawful approach. And has been said your POC's will need amending for the bank charges case...however the fact they issued the demand before any outcome makes no difference....

[42man]

I think the OFT will be interested in talking to you....

[citizenB]

http://www.consumerforums.com/resources/templates-library/48-bank-templates/113-4-particulars-of-claim-n1-updated-version-now-available

 

Link to amended POC for bank charges.

 

I would suggest you read all the links

 

The Consumer Forums - Bank charges templates (consumer)

 

 

and the two announcements

 

Welcome to the Consumer Forums - The Consumer Forums

 

HTH

[42man]

What this thread also demonstrates is a complete lack of communication between original creditor/bank and the DCA as to the status of debts. It is just sloppy, unprofessional, and a complete mickey mouse way of dealing in business...

[WHITEHART80]

Should I phone the OFT or would it need to be in writing?

[WHITEHART80]

Sorry to be a pain again but, I have filled out form 6.4 and on 6.5 I have put "please see attached" I have pasted 42man's defence on to a seperate sheet and headed with my name vs Capquest Debt Recovery. Is this ok ? The was some mention of a court reference number, would that be the one from the stat demand?

[42man]

There won't be a reference number....

[42man]

Phone the OFT....they may want to get you to put it in writing though...

[WHITEHART80]

Right I think I now have all the paperwork in order for the my "set aside"l. How particular are the courts about the paperwork? When I go to get it sworn in will they tell me if it isn't up to scratch.

 

I am of to the court Tuesday Morning.

 

Do i need to list their demand a a supporting document and number it?

 

am sorry to be pain.

[42man]

You need to take the original demand with you....and all the supporting paperwork that you have referred to in the demand (and yes I would number the paperwork and links to them in your affadavit...) take in all your paperwork and the courts will swear in in for you.....

[WHITEHART80]

great, I hope I have understood and done it correctly.

 

I am just about to contact the OFT.

 

I will of course keep you posted.

 

Thank you for your continuing help.

[citizenB]

What this thread also demonstrates is a complete lack of communication between original creditor/bank and the DCA as to the status of debts. It is just sloppy, unprofessional, and a complete mickey mouse way of dealing in business...

 

Bet they dont ask you to write their press releases for them:D

 

great, I hope I have understood and done it correctly.

 

I am just about to contact the OFT.

 

I will of course keep you posted.

 

Thank you for your continuing help.

 

Whitehart, I am sure you have done everything correctly.

[WHITEHART80]

All paperwork for the set aside was sworn in yesterday. I now sit and wait for the judge to get in contact.

 

It felt brilliant, Just wanted to thank you guys for your help so far.

[citizenB]

The waiting is the hard part.

[WHITEHART80]

Just a quick update for you all.

 

I have received notification that I will be required to attend court on the 3rd March. To have the set aside heard.

[42man]

Good....now you need to show the judge your anger and how upsetting this has been for you and your family at this time of year !!!

[WHITEHART80]

Yea, I have a while to get ready but I have not a clue what I am doing at the moment. I guess I have a lot more reading to do.

 

You still think I should pursue not only costs but also compensation?

[WHITEHART80]

Hello again,

 

I am hoping for some more of your great advice. I have read and re-read my affidavit and will keep reading until I completely understand it fully.

 

My question is more to do with the actuall court hearing.

 

I was wondering how I go about filing my claim for expenses and the possible compensation.

 

Also what will be expected of me on the day, how much I will need to talk and about what exactly. Will just be asked about what happened or will I have to be able comment confidently on the legal points put forward in my affidavit.

 

All help will be greatly appreciated, my date has come around quickly (03/03) and I am starting to worry about it just a little.

 

Cheers Guys.

[citizenB]

You should take your expenses sheet along with you to the hearing.

 

I am not quite sure what you can claim in respect of a setaside hearing. I imagine if you are taking time off work then you could claim for that. Travel expenses I should think. I am not sure about the compensation. I will try and find out for you.

 

Have a look at this thread, it will give you some idea of what to expect on the day.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

HTH

[citizenB]

You should take your expenses sheet along with you to the hearing.

I am not quite sure what you can claim in respect of a setaside hearing. I imagine if you are taking time off work then you could claim for that. Travel expenses I should think. I am not sure about the compensation. I will try and find out for you.

 

Have a look at this thread, it will give you some idea of what to expect on the day.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

HTH

 

Advice I have given above, may not be correct. I would suggest you check out other set aside threads and see if they have claimed expenses as it would appear you may not be able to in this instance.

 

sorry