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

[gh2008]

This is a useful thread to read What if the Judge asks

[gh2008]

Re. a second SD.

 

The doctrine of Res Judicata http://en.wikipedia.org/wiki/Res_judicata basically that already judged. Means that once a Court has made a ruling that same matter cannot be litigated a second time.

 

It *could* be a very powerful argument *IF* the order from today is that the SD was in fact set aside.

[debt4get]

thank you for that insight gh on the hazards of bankruptcy...still cant see a dca investing a grand though...it would have to be worth their while.....most times these sd are sent out they are normally a frightener used to get the person to pay...have not actually known one on here that has been acted on

[MONX]

Congratulations on getting it set aside.

 

I am sorry you got the judge you did, he obviously wasnt interested in your rights or making sure that the paperwork was right.

 

You are right to feel upset at the outcome, althought the SD has been set aside what you are left with is basically a nod from the judge that if Capquest come up with the paperwork you are liable and will have to negotiate.

 

I am sure I read somewhere that once a SD has been set aside, another cannot be served within 14 months. I will try to find this information and post it up for you.

 

The costs are a joke, you had no choice to get the SD set aside because they were givng you contradictory information, on the the one hand nullifying the SD and on the other telling you that you had no case to have it set aside. The said that they wouldnt attend to keep costs down and then you attend court and find they have a representative thier arguing their case, again you've read about these tactics on the internet and needed to make sure the SD was set aside in order to protect your financial future and good name!

[comebackjimmy]

Phew, what a nail biting tale. Was very worried when you did not come onto the site by 5 o'clock yesterday. Can see why now and I would not mind betting a stiff drink was taken somewhere along the line on the way home!

 

 

However, it seems to me you did quite well. First of all you had "the experience" and it will equip you for any future encounters. Second you appear to have the outcome you needed. (though see what the judge's order says).

 

Will continue to watch the thread and offer moral support.

[citizenB]

Anna, it would appear that CapQuest continue to issue SDs like confetti, it is our aim to stop this if we can. Would you please look in on the thread linked below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands&p=3422496#post3422496

[satnewbie]

Hold hold. Hold on.

 

McGuffick v Royal Bank of Scotland. Case law.

 

The judge is wrong. He cannot say "Bring in more documents and expect you to fix the problems".

 

At two points the Judge refers to a Lis being properly made and no new documents/agreements were filed by RBS. That is effectively giving them right to amend documents as filed and a second bite at the cherry.

 

The judgement for set aside should have been on the documents as filed/given at the time of the hearing.

[2Grumpy]

I thought that Capquest would be able to issue a new SD in any case after the first was set-aside?

[citizenB]

I have amended the title on this one as it was set aside.

 

I will try and find out whether a new Stat Demand can be issued.. if as the Judge says.. CQ come up with the paperwork.

[miss muppet]

Anna , please don't get despondent about this, know exactly where you are coming from re admitting things, thats what the DJ did to my daughter too, hopefully they won't be back for round 2, wonder if they attended because the OFT is looking at them - anyway my understanding is that if the debt has been sold the OC can't remedy the default, I'll need to have a look thro your thread again but they claimed this in the witness statement opposing my daughter's set aside, i.e. that they didn't have the default but would get it from the OC, ours was invalid anyway due to no date for remedy and other things.

 

Thank you gh for the insight in post 352, was starting to get worried!

[shedder101]

hi

 

the judge at my set aside did mention they could re issue the SD but didnt expand on what circumstances would warrant it, but I havent heard a thing since the case date. I wouldnt worry about it, they have by the sound of it more fish to fry then rake over old coals.

Edited August 15, 2011 by shedder101
spelling

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA