Capquest have issued statutory demand - Advice please **Set Aside**

[shedder101]

the SD is prelude to bankruptcy so if its set aside it can never be used again

[shedder101]

I agree they cant wave the gun then run away

[postggj]

just because they have returned it makes no odds

they issued it without any paperwork

 

even if it gets sold on, you will never have to worry again about an sd

[shedder101]

so if i win the set aside and then its sold on should i get another DCA i should just send them a letter stating the set aside ?

[Mozz1]

Ok, its a prelude to bankruptcy but if they don't action it what does it matter? Is it registered with the CRAs?

 

when sent your SD, was it at that point that you filed at court for the set aside?

[shedder101]

Mozz1

 

This thread tells you everything you need to know

 

the set aside stops the action dead no more

 

then you charge crapquest with expenses they have to pay you

 

win win if you get it

[postggj]

this account is statute barred

 

when was the last time you checked your credit file

 

has crappyquest put a big fat default on it and what date

[Mozz1]

five bucks and my left nut says we don't land in Chicago

 

check your credit file today shredder, I bet the b*stards have defaulted you

[postggj]

if they have, its a big payday comming

 

ill see to that

[Mozz1]

Got this on www.badbiz.co.uk about crappyquest

 

"Heres a new story from Vodafone and Capquest Debt Recovery

Court Proceedings now Issued against them

Amongst this companies tactics are the use of National Call Cost Phone numbers the cost per minute is note stated on their website. This is a Trading Standards Issue and is in breach of new legislation.

What I have found is that Capquest Debt Recovery do not like you calling them not unless you’re going to make a payment. Hey sorry guys I never call these people to pay them I call them to deal with there activities that can.

Dont Call them on there 0871 Phone numbers there real numbers are

02084958600

01252576438

Ask to speak to one of there directors who are

MICHAEL DANIELS

THOMAS JAMES MUSGRAVE

KATHRYN ANN COX

PAUL MCQUILKIN

MARK ANDREW BRUNAULT

JOSEPH ARTHUR DLUTOWSKI

It seems they used to be called

ENIGMA CREATIVE CONSULTANTS LIMITED

They changed that name in 1999 to

FINANCIAL TRACE AND COLLECTIONS LIMITED

and again to

CAPQUEST DEBT RECOVERY LIMITED

in 2005

Ownership of the company is held in the Bahamas by

BLUE OCEAN HOLDINGS LTD"

 

Bahamas. Says it all really. Figure that's where Barry Davis must be hiding out.

[Mozz1]

Its interesting Shedder that one of CrappyQuest's solicitors, HL Legal advertise themselves in the following way Legal Recovery | Corporate | HL Legal

 

"Claims are issued electronically through the county court bulk centre allowing you to take advantage of:

a) Reduced court fees

b) Issue and service of claims within 48 hours

c) Automatic entry of judgment

 

HL offers a wide range of enforcement procedures including insolvency."

 

On that basis I would say that any debtor that sticks around long enough and fights them and makes it EXPENSIVE for Crappy will stand a better chance. t is clear that these lawyers have a streamlined cost effective case management system and anything you/we can do to get them doing more unusual work will help. So yeah, go for your STAY and make CapQuest PAY.

[debt4get]

so if i win the set aside and then its sold on should i get another DCA i should just send them a letter stating the set aside ?

no chances are it wont be..but if anyone else ever tries to stat demand it again they cant

[martin g]

Can some one give me a definite reference to a prohibition on a second SD.

I have had 2 from the same co on the same debt and had them both set aside with costs in my favour.

I have looked in the Insolvency Act and cannot see anything stopping continued action, does it come under res Judicia ?

Any comments welcome because I am sure they will come back for a 3rd pop at me.

 

Martin g

[shedder101]

i be honest post i havent checked my credit file for several years,

 

i went through a hard time in 2000 and it got worse in 2002 when i stopped paying credit cards and the like.

 

since then i have never applied for credit and dont want it, i dont want to get in the same mess again, so i havent bothered to look at my credit file.

 

all i have on credit is my phone and a few clothes from jackamo

 

is it worth using try free for 30 days online credit check sites

[comebackjimmy]

I have no expert knowledge on statutory demands.

 

Thinking about it it occurs to me there is no logical reason why a demand that has been set aside could not be issued again at a later date. Perhaps the circumstances that allowed a set- aside have changed and a subsequent SD might, in the new circumstances, be allowed.

 

For example an SD might be set aside because the amount of the debt is below £750 (the current level below which you cannot make someone bankrupt), so an SD would fail. If the debt subsequently went up beyond the £750 in theory another SD could be issued thqat would not fail on this point.

 

It is certainly worth knowing for sure and I would be very interested and pleased to see the legal eagles on here explaining why an SD once set aside, stays that way.

[shedder101]

just done my credit file check and there is nothing at all from crapquest

 

however i see 4 unrecorded enquires from our friends Lowell Financial

 

27/4/10

23/12/09

21/10/09

04/08/09

 

dont know what they are any ideas ?

[postggj]

they cant re-issue an sd once the sd has been set asside

 

its an abuse of court process and

 

RES JUDICATA—a matter already settled in court and cannot be raised again.-

 

they have only one bite at the cherry

 

same as a ccj application which comes under part 38 discontinuance

[Mozz1]

just done my credit file check and there is nothing at all from capquest

 

however i see 4 unrecorded enquires from our friends Lowell Financial

 

27/4/10

23/12/09

21/10/09

04/08/09

 

dont know what they are any ideas ?

 

Oddly enough Shedder I had recourse to 'fone Experian today and asked them the same question. Turns out Camelot have been enquiring! I have bugger all idea why, save that I had a direct debit with the buggers once and haven't used it for like 3 years. Anyways, Experian said that unrecorded enquiries do not show up on a full credit check. They are a "soft footprint" and no record of them appears to outside agencies.

 

Yes, I have complained to Camelot and I always buy my tickets on-line! Might think again about doing that...

[shedder101]

Thanks Mozz

 

less of a worry then

[Mozz1]

Thanks Mozz

 

less of a worry then

 

I have since been advised by Camelot's complaints people that the unrecorded searches of the CRAs are used as "E-identity checks" and are not credit checks and therefore have nothing to do with your financial records, nor will they affect your credit rating.

 

Therefore, it does look like Lowell Financial have been 'Googling' you and are checking up on your identity, contact details, address etc. They have probably also been snooping at Land Registry on-line to see who owns your home. They are trying to figure out if u r worth pursuing in bankruptcy proceedings.

[shedder101]

they will have a job on

 

all my debt is statute barred now by 3 years and they know it

 

and after reading this forum i will be letting them know it if they get in touch again

[Mozz1]

Then I suggest you write a suitably worded risposte to these low lifes and tell them to stop making unrecorded entries on your credit file o/w you will report them to the OFT etc.

[shedder101]

will do

[Kjb7575]

Hi, I'm new to this. I hope some one can advise me on the following. I've recieved a Statutory Demand from capquest dated the 1st of July 2010. It is signed by Barry Davies albeit a photo copied signature. I've read a few of the posts here and they all seem quite helpful. But i'm confused as to what i should do first off and time limits. Any advice would be much appreciated.

[Mozz1]

You MUST get the Stat Demand set aside!

There are other threads dealing with stat demands and setting them aside on this site.