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GnK08 v Capquest SD - **WON - SET ASIDE WITH COSTS AGAINST THEM TOO!**


Gaznkaz08
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Hi there

If you don't have money, own your house or have much in the way of assets just let them do it.

 

It will cost THEM money and who cares in your situation about a Credit Reference. I doubt once you get yourself fixed that you'll ever want credit again -- and in any case Bankruptcy isn't the stigma it once was.

 

It actually will write off everything and you can start again with a clean sheet.

 

For the small amount of money you might have to get an off shore parachute account -- this can't be touched by an English Court.

 

I doubt if [email protected] will go for Bankruptcy anyway -- what do they actually get out of it -- NOTHING and it will cost them.

 

 

My view on DCA's is to use the following expression

 

"Smith & Wesson Always beats Four Aces".

 

They WANT money, They have the Court threat (4 Aces)

 

You DON'T have MONEY, DON'T CARE about Bankruptcy (smith & wesson)

 

Game over -- YOU WIN.

 

The SD etc only works if you have a lot of assets and / or property.

 

Even in Bankruptcy you can keep a car if you need it for getting a job etc.

 

Even if you get the "Set aside" for an SD it won't stop the debt from being collected again or passed yet again to someone else.

 

Just call their bluff -- end it once and for all .

 

IMO (probably against most of the legal eagles here) is that to kill the whole thing stone dead is just to let them do their Court stuff as indicated in the post. This stops any further action STONE DEAD - even if they go through with it and they are unlikely too in any case.

 

You don't own property or have any assets so what on earth can these horrible **** do.

 

No COURT can make you cough up if you don't have any money. -- If only more people actually realized this we'd be in good shape on the forum.

 

Cheers

jimbo

Edited by jimbo45
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Hi Gaznkaz,

I have some experience of capquest, I've been dealing with them for over 3 years now. They will have increased the original amount by adding interest, I don't know if this is legal or not. On the statements they send out it says something about interest may be waived if regular payments are made...but they add it regardless...sometimes in massive chunks.

 

The threat of a Statutory Demand is their last attempt at scaring you into paying up...but...they more than likely will issue it. Issuing the SD will not cost them anything, they just have to print the forms off. I believe its when (and if) they follow it through it will cost them.

 

So be prepared for the SD to drop through your letter box, its not too difficult to get it set aside and its highly likely that at the last minute capquest will write to the court saying they will not oppose the set aside. You turn up for the hearing,the Judge approves the set aside, you claim costs from capquest...simples.

 

 

I've just been through this with capquest myself, and I know lots of other Caggers have too. If and when the SD arrives you'll get lots of advice and support on here.

 

All the best.

 

once it's set aside is that it, can any form of action be brought again, can it be passed around for someone else to have pop at collecting?

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Hi there.

 

 

the Set Aside means that the Statutory Declaration has been set aside -- doesn't mean that the debt can't still be collected -- The DEBT hasn't been written off - only the SD itself.

 

The more I look into the whole business - it seems that Courts, Bailiff's etc etc are 100% TOTALLY POINTLESS if you don't have any money or assets -- so the only way these companies exist is by FEAR AND GREED.

 

OK the Bank made a mistake in granting Credit - it's the Bank's risk so "Tough Luck".

 

In your case I'd just go to the end since THERE IS NOTHING --ABSOLUTELY NOTHING these guys can do --even if they get an SD --What are they going to do next.

 

This stuff will just cost THEM money so YOU are actually the one in control.

 

Sit Back and enjoy. --If they DO make you Bankrupt it will COST THEM an arm and a leg and you can NEVER be hounded for this debt again.

 

I doubt whether they will go the final hog.

 

These companies are just like School playground Bullies --Stand up to them and call their Bluff--then they melt away so fast it's almost frightening.

 

If you owned property or other assets then its a different matter but for now just sit back and enjoy.

 

Cheers

jimbo

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once you are made bankrupct the debt is finished. they can try and see what they can get and that is it. but as has said it is a scare tactic based on the stigma of being called bankrupct. if it is stayed tehn that is it. if you show the court that no money is really owed then it will get struck out. struck out then if the debt is sold you and sambody comes after you again then you send a copy of the order and tell them to move on. if capquest could not win then they hve no chance as well.

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Hi Gaznkaz,

I refer to your post #28, as Jimbo says...a set aside doesn't mean the debt is written off. It just means that the very unpleasant SD situtation is over...and you may come out of it with costs awarded to you. Goodness knows what Crapquest are planning for me next...maybe beheading or being burnt at the stake...but 1 thing I know is I will have support from the excellent people on here....I can hear them now shouting 'burn her, burn her'...lol..just joking!

If you don't own your home and have limited assets you may wish to ignore the SD forms (if & when they arrive) let them carry on with their threats, in reality they probably won't do anything....but they might!

 

They do not have to involve the court when sending out a statutory demand, it is the application to set it aside that involves the court (forgive me if I haven't got this 100% correct). There will not be a court stamp on the Statutory Demand from Crapquest..it doesn't need one. Capquest's use of Statutory Demands is in most cases a scare tactic when their other forms of bullying have failed.

 

I would suggest trying not to worry about it until the Statutory Demand arrives, then put your energy into doing what you feel you have to. You will get lots of support and advice on the site to guide you through the process if you decide to go for a set aside.

 

All the best, Zim.

 

P.S. Report Crapquest to OFT.

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i dont fink that they can just issue a demand. otharwise ti is just a fishing expedition 2 C how he will plead. t will B same as sendin a letter and askin him how will U reply if i did this! :D:D:D 2 ask court 2 make sambady bankrupt U need to show court Y. a will fone D court 2morrow & ask

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i dont fink that they can just issue a demand. otharwise ti is just a fishing expedition 2 C how he will plead. t will B same as sendin a letter and askin him how will U reply if i did this! :D:D:D 2 ask court 2 make sambady bankrupt U need to show court Y. a will fone D court 2morrow & ask

 

 

Hi there

Some people can't read or understand "Mobile fonese".

 

Your post is almost unintelligible to me (and lots of others).

Please try and use "More Standard English" .

 

Not having a go at you - anybody trying to help people are welcome but I'm afraid I (and sure lots of others) just can't make head or tail of this.

 

Cheers

jimbo

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Hi there

Some people can't read or understand "Mobile fonese".

 

Your post is almost unintelligible to me (and lots of others).

Please try and use "More Standard English" .

 

Not having a go at you - anybody trying to help people are welcome but I'm afraid I (and sure lots of others) just can't make head or tail of this.

 

Cheers

jimbo

Y?

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i dont fink that they can just issue a demand. otharwise ti is just a fishing expedition 2 C how he will plead. t will B same as sendin a letter and askin him how will U reply if i did this! :grin::grin::grin: 2 ask court 2 make sambady bankrupt U need to show court Y. a willlink8.gif fone D court 2morrow & ask

 

They can and do just issue SDs.

 

A Statutory Demand is a warning that gives the alleged debtor 21 days to pay up. A bankruptcy petition may follow if a set aside is not obtained.

 

What is a statutory Demand?

 

A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgment is not necessary. If the debtor disputes the claim, he or she can apply for the statutory demand to be set aside. The bankruptcy court will halt the bankruptcy if there is any dispute about the sum outstanding. It can be relatively easy for a debtor to have a statutory demand set aside and the process can result in an order for costs being made against the creditor.

Please note that a statutory demand in 90% of instances is 'bluffing technique' used to scare a person into paying up. If a bankruptcy petition does not follow then this will become apparent.

 

The above quote is from The UK Insolvency Helpline website. I hope this clarifies things for you Nicoalfredo.
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  • 3 weeks later...

intresting update, on saturday had a bundle of paperwork turn up as a reply to an SAR, trouble is i never asked for it, the wife wrote a SAR for her account but they've done my account instead

 

 

it included

 

copy of front screen

copy statement screen

case history notes

memos made on the account

all correspondence sent

correspondence rec'd in the last 3 months

notice of assignment

copy of the agreement (app form)

copy of statments 2002-2006

cd of phone calls

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  • 1 year later...

Thought i'd give a little update on this, Capquest pushed it all the way and sent me an SD. With some amazing help from nick20045 I submitted an application to set aside with a statement that left them knowing they'd biten off more than they could chew.

 

At the first hearing i managed make their barrister look like a total chimp to the point the judge had to explain to him what i was asking for. They asked for and were granted an adjournment as they were nowhere near prepared for what we had instore for them.

 

They didn't turn up and it was set aside and i was awarded a nice amount of costs which they paid up within 28 days. :)

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Well done. Its great to see people fight back and win like this....

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Excellent news.

 

Please let the OFT know about this :)

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Yes, the letters enroute at this very minute

 

Excellent, thank you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I had heard that a true petition needs to be a lis.....is this what clinched it for you ? Great result by the way....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I had heard that a true petition needs to be a lis.....is this what clinched it for you ? Great result by the way....

 

I think the the statement that was filed was the clincher as it blew anything they had to pieces. (courtesy of my mentor)

 

But when they asked for an adjournment and i asked the judge to grant a lis between us ( so they couldn't submit any more paperwork than they

had already) I think that let them know they'd have a proper fight on their hands, plus the judge had to explain what lis meant to their barrister,lol

 

They also failed to comply with the court order from the first hearing to submit a new statement, then failed to turn up as well.

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Are you able to post up your defence on here ? (minus the personal details) It may be of help for others on here in similar situations.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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  • 1 year later...

i was actually his "mentor"

 

i told him not to post a copy of the statement in a public forum. in the first instance, his wife had the same problem regarding a credit account in her name

 

putting a copy of the statement, any dca can read it and know what to be wary of. therefore, he can indirectly sabotage his wifes problem by making it public. furthermore, and not wishing to sound like some clever person, he can keep a copy of that statement. at any time he has problems, he can modify it (add parts or remove parts) so it fits in with the problem

 

one of the reasons i have not been recently posting was that i noticed the following:

 

a: members trying to get out of paying. in my opinion, if you took out a credit card you should pay the money. it is ONLY if the creditor breaches the consumer credit act then you fight back. every month i pay my credit card bill. yes, i know i can fight them if i want to. my credit card account is an old account which i have had for years and years but i pay up

 

b: members just want the easy way out. they want a cut and paste. half the time, they do not know what they are even sending in that letter or statement. then they appear in court and do not know nothing so they lose. (remember in court the judge is going to listen to the solicitor or barrister more then he is going to listen to you so, you have to be convincing and............ show you know what you are talking about)

 

read what are referred to as case law. for example: carey & others v hsbc & others. i forgot how many pages that thread went to. i love it. the OP's statement referred to parts of that case law. read rankine v amex. members on here call it a stupid example. i love it. again the OP's statement referred to parts of that case law. do not just stop there. read threads about, for example, mobile companies selling debts and you have statements you can take parts from. look at the law of property act and there are parts you can use

 

you read, you learn what they are playing at. you take a statement. you modify it to suit your needs. you take another statement that is on here and you add to your other statement if part of it applies to you. you can start with part of one statement regarding credit cards, add part that was on mobile debt, add this and add that. does this apply to you?? does it not apply to you? you and only YOU know the story

 

you have to KNOW your story. you have to UNDERSTAND what you are writing. if not then ask what it means and for an interpretation. IF you appear in front of a judge you need to know what you are talking about not speak like a parrot. if you are asked something, you need to know where to refer to it. see a solicitor or barrister in court. they are all the time taking notes while you speak. learn to do the same so you can challenge them

 

i was recently in a hearing against my local council (i live in a long term lease flat) about the charges. the barrister started talking and believe me she kept on and on and on. i won the hearing in front of the LVT (land valuation tribunal). they filed for an appeal. i got, believe it or not, a 453 page box file with references................... at the hearing, this time in front of a judge she started talking again. when she finished i asked her a few questions...........

 

1: in this big file you claim that all leaseholds are the same but, my local council has actually got two different type of leases as they amended the one i have. the council in next city to i live in has a different lease. why did you not enclose a copy of the leases to these case law you refer to? (they were from london). no answer

 

2: i see you refer to case law, or what you call case law, that you were involved in. your name is on the front page of each of them. would i be right in believing you, as a barrister, specialise in leasehold law? answer yes. so then i continued with......... how many cases would you say you handle in a year? answer quite a few. how many of these cases do you win? do you win all of them? answer no. so then i continued......... will you not say then that submitting cases where you won but not submitting copies of cases where you lost is misleading to this court? answer: total silence

 

do not be afraid of solicitors or barristers. it has been said on here. it is a judge lottery. i have been in hearings where the judge was a total ******** (to be polite) and, i have been in hearings where the judge actually fought the claim for me. (there is one judge i know hates my guts. apparently he heard i thought he looked like mr burns on the simpsons. big nose, skinny as anything and bald at the top of his head with a big head)

 

read what they write. understand it. be like a solicitor. you listen but you give nothing away. remember the old saying "loose lips sinks ships". you are playing a game of poker with them and a game of chess at the same time. game of poker is to keep what you have secret until you need to use it to win. game of chess you plan your next move and countermove in advance

 

i have read too many threads on here where members think they are cocky and send stupid letters. heck there was one, at one time, who even tried preaching "freedom of the land"

 

learn your story. do research. take part of this and part of that and build your own statement. your research will teach you. your statement MUST pertain SOLELY to your case. there is nothing more frustrating to a judge reading a statement that refers to things which do not answer the claimants statement OR points out discrepancies in the claimants statement

 

as to the real meaning of the word "lis" use google. it is a legal term AND it can be used and requested in front of a judge. IF requested and the judge does not grant it, then he is not complying with the law and, you can claim unfair treatment

 

sorry, but in my opinion, posting statements left right and centre on an open forum means companies can learn (the same as you), know what to expect, find a way how to counter attack and it will not be beneficial. you have the debt. do some work and research

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Very interesting, but I think we had pretty much guessed that there would be no statement posted up as it has been 18 months since this took place ?

 

I would also point out that if people didn't share their experiences to help others, there would be no other way they could obtain help!

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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