Capquest SD on MBNA card 'debt'

[pinny24x7]

Just realised latest corrospondance received from Capquest is a Statutory Demand,

I have read the many threads on getting it set aside but find it daunting, please help.

 

I will post up the various documents I have.

 

I have not made any communication with Capquest,

 

 

I did a cca request in March to MBNA and several months later they sent the following agreement.

 

The front and back was not completed by me (not my handwriting) but the signature is mine, although I can't remember whether or not I actually signed this particular form.

 

Statutory demand dated 30th November, recieved on the 3rd od December via 1st class post.

[postggj]

how was the sd served

post

in person

[pinny24x7]

Default notice, can't remember when I recieved this but was dated 08/06/2009 with a remedy date of 25/06/2009. I still have the envelope which was sent via UK Mail. The amount they are claiming for is the full balance.

[postggj]

i see its the mysteriouse mr barry davies again

[pinny24x7]

Finally I think the following maybe the notice of assignment but not sure

 

The debt does have some charges attached but I do not know these amount to.

 

Hi postggj, the demand was sent via 1st class royal mail.

[postggj]

do you still have the envelope

is it date stamped

[pinny24x7]

I still have the envelope the SD came in.

The envelope is white A4 in size it has a computerised stamp with a large 1 and Royal Mail printed beside it.

In the same box it has printed POSTAGE PAID GB, underneath this it has HQ 12782.

No date stamps.

There is also a barcode type sticker on the envelope.

[postggj]

now this is going to sound strange bit stay with me

 

1/ phone crappyquest

 

2/ ask to speak to this barry davies and only barry davies

dont discuse your account with any body else

 

there is a reason

[pinny24x7]

Just spoke to capquest, they would not put me through to Barry Davies, the capquest agent said he can deal with my concerns but he would not be able to transfer my call.

 

I have a feeling this Barry Davies does not exist. I recorded the call on my mobile but did not tell capquest the call was being recorded.

 

Do I need to apply to have this SD set aside or should I write to Capquest?

[postggj]

You Are Correct

 

Barry Davies Does Not Exsist

 

Its Easy To Set Asside Now With Costs

 

You Need To Speak With Barry Davies Who Is Named On The Sd

 

Failure To Speak With Him Invalidates It

[pinny24x7]

Thanks for your support postggj and assurances.

 

What is the process I need to follow now, from what I have read I need to fill in forms 6.4 and 6.5

 

What to I put on these forms, I do not have a clue.

[postggj]

Ill Dig Out A Relevent Thread From Start To Finish Explaning Every Thing

 

Give Me 10 Min

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120308-received-statutory-demand-1st.html?highlight=STATUTORY+DEMAND

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/204078-capquest-issue-bankruptcy-notification.html?highlight=STATUTORY+DEMAND

 

 

HAVE A NOSE AND GET BACK TO ME

[42man]

Some excellent advice from postggj...

 

 

..I notice that they refer to section 8f on the 'agreement'

 

 

I can't see any section with such number/letter ???

 

 

Also the stat demand must contain the name of a person you can speak to

- A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly.

 

 

This is Rule 6.2 of The insolvency Rules 1986.

 

 

If you can't speak to the person named then i'd suggest trying 3 times....then you can put this potential abuse of process in the affadavit....

 

Also is the court named on the demmand your closest ? Have you checked to see if they actually handle bankruptcies/insolvencies ? - Check here - Her Majesty's Courts Service - Court Information and Addresses

[pinny24x7]

Postggj - I have read the various threads a number of times but it gets all too confusing as the circumstances relating to each demand is different.

 

I think I'll be ok with form 6.4 but I wouldn't know what to put in form 6.5. I have seen a affadavit but the circumstances are different to mine.

 

What would I put in Form 6.5 based on the documents I posted in my first few posts.

 

42 - I have called Capquest as you have suggested and which was previously suggested by postggj but I got a number of excuses as to why I could not speak to him.

 

The court they put on the form is my local court and they do deal with bankruptcy.

 

What is the significance with clause 8f?

 

Thanks

[postggj]

Hi Pinny

 

Having Nosh Now

 

Be With You Later Tonight

 

How Long Has Crappyquest Had This Account

 

Form 6.5

 

For (a) fill in your name and address and state that you are a litigant in person.

 

For (b)

1. That on (b) (insert date that you received the SD through the post) the statutory demand exhibited hereto and marked 'A' came into my hands

 

For ©

2. that I © Do not admit the debt because the alleged debt is totally disputed.

 

The alleged creditor has failed to respond to telephone calls requesting a mr barry davies to explain the issue of the statutory demand. Mr barry davies (head of litigation) has issued the statutory demand on behalf of the creditor and has sgned the statutory demand.

 

The alleged creditor has failed to provide a notice of assignment to confirm the legality of the creditor.

 

The alleged creditor has failed to confirm receipt of any notice of assignment by registered post to comply with the law of property act 1925

 

The creditors date of alleged assigment states 30/06/09.

 

The creditor has four months within which to serve the statutory demand.

 

Service after this time will require the creditor to explain himself and account for any dilatory conduct.

 

 

The alleged creditor has provided no statements for the duration of the account.

 

The alleged creditor has not provided any notices of assignment.

 

The alleged creditor has not 'served' these documents on me, but simply posted a demand by first class - I believe that this is a frivolous attempt at scaring me into paying and therefore an abuse of the process.

 

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. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

 

On the above information I request that the demand is set aside and I kindly ask the the judge award my costs in this matter as a LITIGANT IN PERSON.

 

I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

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).

 

j) In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the respondent has been made aware of the matters complained of and despite this a statutory demand was issued

 

I make this statement with the sworn belief that all facts stated are true.

 

 

get that sworn at the county court, its free by the court usher or a solicitor will charge about a fiver

 

attach the stat demand and take to the court

 

keep three copies

 

one for you

one to send to crappy quest recorded delievery

 

one you keep

 

give it the once over 42man please

[pinny24x7]

I have just reviewed my paperwork and I want to clarify that I originally made a CCA request to in MBNA 09 and after several chaser letters and only after the intervention of the ombusdman via a complaint I made to them for non complaince they sent me the agreement (post1) in June.

 

*The default notice (post 4) is dated a few days before they produced the agreement.

 

Just thought this might be relevant as they sent me a default notice whilst in dispute (non complaince with cca request) and also whilst there is a complaint logged with the ombudsman. But I don't know where and how to word this in my affadavit or whether this matters at all.

 

How Long Has Crappyquest Had This Account

 

Think from July 09. Capquest sent the letter in post 6 which I believe maybe the NOA dated in July.

[postggj]

hi pinny

 

no wories

 

we would use that if we were going to set asside a ccj

 

there is more than enough posted to get this sd set asside

 

givr it a few days for any more comments

 

the only thing i have to do now is work out how much crappy quest will be paying you in costs

[pinny24x7]

Hi postggj

 

This is great, just want to clarify do I include all of the following even though they sent me what I think is the NOA posted earlier (post 6)

 

The alleged creditor has failed to provide a notice of assignment to confirm the legality of the creditor.

 

The alleged creditor has failed to confirm receipt of any notice of assignment by registered post to comply with the law of property act 1925

 

The creditors date of alleged assigment states 30/06/09.

 

The creditor has four months within which to serve the statutory demand.

 

Service after this time will require the creditor to explain himself and account for any dilatory conduct.

 

 

The alleged creditor has provided no statements for the duration of the account.

 

The alleged creditor has not provided any notices of assignment.

 

The alleged creditor has not 'served' these documents on me, but simply posted a demand by first class - I believe that this is a frivolous attempt at scaring me into paying and therefore an abuse of the process.

[postggj]

any notice of assignment needs to be sent by registered post to be valid to comply with the law of property act 1925

 

send the whole letter

 

give it a few days to get more comments

[pinny24x7]

I'll leave this for a few days for further comments, I can't afford to leave it too long though as I will be approaching the 18 day deadline.

 

In the meantime can I have comments on the enforceabilty of the agreement. Like I mentioned the agreement was not filled in by me although the signature is mine.

 

Is the default notice valid.

 

Is the letter in post 6 from Capquest a notice of assignment and is this valid as it came from Capquest, I have no corrospondance from MBNA to state they have sold the debt onto capquest.

 

I have not recieved a termination notice.

 

Thanks

[postggj]

Ill Look Into This For You

 

My Understanding Is That Mbna Fall Short Of The Mark But I Need To Confirm

 

The Default Notice Is Pure Fiction, That I Can Confirm

 

As It Stands , No Assignment In Law Exsists

To Comply With The Law Of Property Act 1925, The Assignment Needs To Be Sent By Registered Post,

 

Ive Dispatched Two Dca Myself On That

[pinny24x7]

I'm going to go with postggj suggestions for form 6.5 I may tweek it a little to try and add more ammunition (default issues).

 

Will take the forms down to court tommorow if I get the chance.

 

Do I need to take any id and are there any fees associated?

[postggj]

the court as a norm do not charge yo swear the affadavit as its done by a court official

 

a high street solicitor will charge a fiver

[pinny24x7]

Just not had time as yet to complete the forms, is there anyway for me to type directly onto the forms or do I have to download them and write by hand? Will need to take them to court tomorrow, I'm out of town thereafter.

Edited December 16, 2009 by pinny24x7

[lilly white]

Forms

 

USED WORD

 

LILLY