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

[postggj]

its valid in the uk

 

my fault

 

dam american sites

 

back in a mo

[postggj]

Res Judicata Evidence Of Facts On Which They Are Based | Law Essays UK

[shedder101]

Res Judicata Evidence Of Facts On Which They Are Based | Law Essays UK

 

 

well im lost

 

must get a better brain i think

[postggj]

As A Rule, If A Matter Has Been Decided By A Court Allready

 

It Cannot Be Raised Again

 

Google Estoppel As Well

[shedder101]

right got that

 

feeling so much happier today must admit, it was a bit frighting before but it was painless

[postggj]

People Get Realy Worried About Court, There Is No Need As You Found Out

 

The Law Is For Us As Well As The Likes Of Crappyquest

[jellybabe]

Hi everyone,

i do apologise for hijacking, but need some help please.

I have today received a Stat Demand Notice/Bankruptcy Petition from Capquest regarding a Shop Direct Account. I did ask Shop direct for CCA (a long time ago), they only supplied a, by me signed, application form.

 

I have been reading this thread and understand that i should now CCA Capquest? Is that right?

 

Funny thing is on the Demand it gives the particulars of claim...The debt relates to the unpaid balance of sums due under Credit Agreement dated (and then a big nothing???) made between.....and so on.

 

Either they forgot to put the date in or they don't know the date?

 

Please give advice as i understand i have only 18 days. Also, i am due to be on hols from the 11th August for a week, ow would that affect the whole thing??

 

Thanks ever so much in advance, am soooo worried

[UK26]

Can you confrim who signed the SD??

[jellybabe]

Oh, forgot to say, if i remember right, there are a lot of charges on that account aswell. I was starting reclaim them and gave up in the end because i couldn't handle all the stress (grievance,husbands jobloss, and so on)

[jellybabe]

Thank you for your quick reply,

 

the all well known Barry Davies

[UK26]

I'm going to send Mr Davies an Email regarding his abuse of process

[UK26]

EMail

 

Draft copy

 

What are your thoughts

 

Mr Davies

 

You may recall during the early stages of my case with Capquest that my solicitor pointed out that the issue of statutory demands is an abuse of process where a litigate disputes exists.

 

You personally acknowledged to my solicitor and agreed that you would not issue a statutory demand.

 

I thought Capquest would have learnt from this; however I have noticed that you are personally signing off statutory demands and sending them to your client base “Nationally” and with no intention of completing the process.

 

This has been recorded in so many Set-Aside hearings from courts throughout the UK, where Capquest have issued statutory demands to its customers in a way to try to scare vulnerable individuals to make unreasonable payments in cases where, credit agreements have been unenforceable, litigate disputes existed and instead of Capquest dealing with such disputes instead issues a statutory demands, has Capquest did in my case as you are fully aware.

 

From my reading into this national situation involving Capquest issuing statutory demands , one thing I had noticed in common in all theses cases where statutory demands where issued and that was the signature on behalf of the claimant and that is always listed as you “Barry Davies”

A lot of individuals including myself are not happy with your conduct into this matter and would like you to rethink your business practices before issuing further statutory demands.

 

If this continues, a complaint to the high court may be made with the view to summons you personally to discuss your actions in front of a judge and to have sanctions imposed on you and Capquest preventng you from issuing further statutory demands.

 

Regards

UK26

 

 

[debt4get]

Hi everyone,

i do apologise for hijacking, but need some help please.

I have today received a Stat Demand Notice/Bankruptcy Petition from Capquest regarding a Shop Direct Account. I did ask Shop direct for CCA (a long time ago), they only supplied a, by me signed, application form.

 

I have been reading this thread and understand that i should now CCA Capquest? Is that right?

 

Funny thing is on the Demand it gives the particulars of claim...The debt relates to the unpaid balance of sums due under Credit Agreement dated (and then a big nothing???) made between.....and so on.

 

Either they forgot to put the date in or they don't know the date?

 

Please give advice as i understand i have only 18 days. Also, i am due to be on hols from the 11th August for a week, ow would that affect the whole thing??

 

Thanks ever so much in advance, am soooo worried

 

how much are crapquest claiming? first off you will need to ring mr davies and i wish you luck getting through to him..do not speak to anyone else only to him..insist..if they will not put you through log the call...if you cannot contact him it invalidates the stat demand...if you do get through say thanks and put phone down after you have confirmed it is defo him...

and then let us know and we will take it from there

[UK26]

Barry Davies | Head of Legal Services | CapQuest Group Limited | Fleet27 | Rye Close | Fleet | Hampshire | GU51 2QQ | Direct Dial: 0871 574 3068 | Fax: 0871 574 3068 | Mobile: 07920 136 054 | Email [email protected]

[jellybabe]

Thank you all, will try and get through to him. But i'm sure i won't reach him after reading all this.What's the point trying in the first place, do they log the calls? I can't log mine, well, not on my phone unless i ring from my mob or just write down when and what time i rung them? Another stupid question though....do i block my number so they can't see when i ring them?

 

he is claiming over £1200, and there is no possible way for me to reduce it to under £750.

 

Thanks

Edited July 21, 2010 by jellybabe
forgot to answer a question

[MONX]

Hi everyone,

i do apologise for hijacking, but need some help please.

I have today received a Stat Demand Notice/Bankruptcy Petition from Capquest regarding a Shop Direct Account. I did ask Shop direct for CCA (a long time ago), they only supplied a, by me signed, application form.

 

I have been reading this thread and understand that i should now CCA Capquest? Is that right?

 

Funny thing is on the Demand it gives the particulars of claim...The debt relates to the unpaid balance of sums due under Credit Agreement dated (and then a big nothing???) made between.....and so on.

 

Either they forgot to put the date in or they don't know the date?

 

Please give advice as i understand i have only 18 days. Also, i am due to be on hols from the 11th August for a week, ow would that affect the whole thing??

 

Thanks ever so much in advance, am soooo worried

 

 

Just so that there is no confusion I would start a thread of your own, then contributors can adapt their advice for you specifically.

[Mozz1]

...if you cannot contact him it invalidates the stat demand...

 

You say that but the bugger denies everything, as per the witness statement he submitted to the court. Shedder's victory may make Bazza think twice though

[jellybabe]

Sorry again, i have now started my own thread....you can find it here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/268951-capquest-sending-statutory-demand.html#post3046460

[jellybabe]

may i just quickly mention that i have a different Phone nr for Mr Davies:

 

0871 527 0444 ??

[UK26]

Mr Davies direct number is

 

Direct Dial: 0871 574 3068

 

Or

 

Mobile: 07920 136 054

 

cant get any more direct then theses lol

[Anna_j]

Hi Post, Anna here - remember me way back in may when i started this thread - it is good to see that so many people have been helped by all of you on this forum that know what your taling about.

Well here is the update on my case -

1) I applied for my set aside back in May and got a date in 2 days time - 28th August to go to court.

I have had correspondence from crapquest running up to this time - one letter says that Mr Davies has tried to call me and states the date and time (and they dispute the amount of times I called to speak to him - even though the number on the SD is for a scottish office where he does not work ) and that he welcomes my call - they give a different number for him this time - i didnt bother calling him as my set aside app was in. - I then got a letter from them once they recieved my set aside court docs saying he tried to call again on 5th july and that he is happy to talk to me to hopefully find a way to resolve this without having to go to court - do you think they will argue the case of his availability over this - this being the first reason to set aside.

 

2) My CCA request to them resulted in a copy of my agreement and statement of account - sent direct from the Halifax not them - and this was dated 25th May - 19 days after my request

There was no copy of letter of assignment of debt or copy of default.

 

3) They say in a letter replying to me that they sent 12 letters to me - if they did then they were in other company names because I have never had anything from capquest - they also say that I made a payment to them in january 2008 of £72.46 - this is untrue as well - i believe this is what i had in my halifax bank account at the time and halifax closed my account and took this balance towards the debt - but they say they had the debt assigned in november 2007 - i dont understand this ???

 

4) i recieved a letter on 6th August saying " following previus correspondence we are endeavouring to obtain the required information from Halifax plc personally and we hope to resolve this matter very soon" - is this admittance that they issued the SD without any paperwork then ? This letter Now shows the amount owing to have gone up by another £417 to £12,207

 

and Finally on my court application is says that i request an application for costs - but reading through the rest of this thread I actually have to document what costs i am applying for and send the court and capquest a copy before the court day.

 

Well I am hoping you can advise me now on what to say to the judge and if all my initial reasons for the set aside are still intact and applicable - I have a feeling they will be represented on this one as the amount is high for them - and I have my own house which i am sure they are aware of.

 

Thanks in advance - I know your out there watching over us

 

P.S. - i can post pdf's of all the documentation if you want a full read through

[MONX]

Firstly, Mr Davies wasnt available on three occasions prior to you swearing in your Affidavit, that is one of your defences in order to have the SD set aside, the argument that it was not properly served. As you still havent recieved the notice of assignment (which would also clarify when they took the debt over) or the default notice then again this is a defence in order to get it set aside as the alleged debt is in dispute.

 

Without reading the whole thread again, did you post up your agreement for people to ascertain if it was enforceable?

 

Secondly him willing to talk to you now to resolve this without it going to court is a moot point, they set the ball rolling by sending you the SD, this in effect made you swear in your affidavit to have it set aside.

 

Yes, in my opinion the fact that they have requested documentation from the OC would indicate that they didnt have any documentation when they issued the SD.

 

Again the spurious payment they state has been paid, it is up to them to provide evidence that you "paid" this amount in acknowledgement of the alleged debt. If they are relying on this proof in court they have to provide this evidence to you prior to your court date.

 

What I would do now is write to them now asking for all documentation they are going to rely on in court so that you can mount a defence. Then I would work out my expences. You are entitled to award yourself £9.25 an hour as a litigant in person, so the research, reading and understanding of your defence, time off work to attend court, and swear in affidavit, parking, petrol, childcare, postage and sundries, like stationary etc all need documenting and a final sum arrived at, it seems to differ from person to person but the ball park sum seems to be between £250.00 to £300.00.

[harrassed senior]

Not sure you have enough time for that now, in Court 28th August?

 

If you have not yet applied for your Costs and Expenses they MUST be with the Court at least 24 hours prior to the Hearing Date, so, very soon.

 

This is the letter, adapted to suit, I guess you could e-mail it to them asap?

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that county court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil Procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the fos for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

[Anna_j]

thanks Monx & Harrassed for your prompt replies - i guess i have left it too late now then for the costs part - but i'm not overly fussed about that - i just want my SD set aside so i can this threat off my back.

 

Just to point out i did request all the documentation from capquest not halifax - and got back the agreement & statement from halifax directly - not from capquest - so i think they dont have any paperwork themselves - this would be a major reason for the set aside i presume.

 

I hadn't posted my agreement - but here it is for your comments .- it looks pretty enforceable to me

credit agreement.pdf

[Anna_j]

i have now this morning just recieved a registered letter from capquest which is their defence to my set aside application and am attaching it for your responses as to how i should handle this in court - they won't be attending.

 

She does state that she has seen numerous similar defences and believes them to be downloaded from the internet from non registered debt advisors - why she felt the need to point this out to the judge i dont know.

 

I am attaching a copy and a copy of their evidence along with the letter i sent them requesting documents.

 

These points stick out to me -

 

The barry davies contact bit - I did indeed try in excess of 5 times to get hold of him - not giving my details on several of the occasions - they only list the times i did give my details to them - and the number they give in the set aside is for an office he doesnt even work at.

 

They never sent me anything in reply to my CCA request of 6th May - but they say because the request was made after the SD was recieved so the SD was properly served -

 

Failure to enclose the proper docs with demand - they say they dont legally have to - but do they at least have to have these documents in their possession to be able to issue the demand as they clearly didnt ( see nullity letter )

 

I never recieved a letter from Halifax saying they sold the debt on ( but clearly one was sent ) - and shouldn't I have a copy of some legal agreement ( the deed of asignment ) now that i requested it - not just a copy of the letter the halifax is supossed to have sent me 3 years ago.

 

One BIG thing I need clearing up as well is do they have the right to add interest on to the debt and if they do shouldn't i have a statement of account showing all this - as the halifax say the debt was £9147.34 when they sold it and the amount on the stat demand is £11789.43 - in their last letter to me they show the debt as being £12207.15 and in their letter to me of 14th may - they show the balance as £6733.71

 

Also because they sent me a letter saying that i can consider the SD as a nullity and that they withdraw the demand - can i show this to the court for any sway over the way they behave - i.e underhand - as clearly i can not consider it a nullity.

Also on this letter it says i paid them money - i didnt - this was halifax closing my current account and paying the balance towards this debt - after they sold it !!!!

 

 

Please can someone who knows about theses things have a look at it all and help me out because now i dont know what to say and i'm terrified of facing the judge - can my husband speak on my behalf if i am there as i fear i will go to pieces myself.

 

I know its a hell of a lot to plough through - BUT PLEASE HELP - and it's a case for all CAG members to see from begining to end with all correspondence.

 

 

Thanks

p.s. - the capquest exhibits also include a copy of the loan agreement

letter i sent capquest.pdf

capquest nullity letter.pdf

capquest defence.pdf

capquest exhibit.pdf