Capquest Stautory Demand

[Drederick Tatum]

Subbing...

[robcag]

That's because he's allegedly signing so many SDs, poor guy

 

And cheques I hope!

 

Just been to court today for my own Barry Davies set aside, account here;

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/269248-capquest-statutory-demand-another.html

 

Cheers

Rob

[SL8R]

Long time with no updates, but Court Papers recieved today.

Hearing set for Sept for a duration of 1 hour..

Am i correct in thinking that Capquest have to supply me with everything they will be relying on in court, or would a LBA be better to get them to disclose everything they have ?

I need to get my defense written and expenses worked out.....

[unclebulgaria67]

You need to make the relevant CPR request. Not sure which would be the correct one to use. 31.14, part 18 or other ?

[babybear39]

Post a new thread in the legal issues forum and link back to this one to get the best advice available on here

[SL8R]

ok ty

[SL8R]

Well, just a quick update... all papers served and Schedule of Costs sent to Court and CQ today - hearing is on Friday. So far the Court has heard nothing from them.... i was hopeing to meet Barry in person :/

Anyway, the Schedule of Costs is in and i will be there for the case to be heard on Friday....

[babybear39]

Good luck. Hope you get to meet Barry as you can confirm if he actually exists and isn't just another figment of cr@pquest's imagination. Oh, I forgot, you have to have intelligence to have an imagaination

[unclebulgaria67]

So far the Court has heard nothing from them.... i was hopeing to meet Barry in person :/

.

 

I bet neither Barry or anyone else from CQ turns up on Friday. So you will get the set aside and costs I suspect.

 

The reason is that they will not want to explain the process that they are using for debt collection.

[MONX]

Good luck for Friday, will have everything crossed for you, not that you will need it.

 

It would be very very interesting if Barry Davies turns up, but I wouldnt hold my breath. It could potentially be very dangerous for him to explain why the company he represents was abusing the insolvancy service. It could be a groundbreaking case setting a precedent that could see themselves and any other DCA's sending their SD confetti out in serious trouble!

[unclebulgaria67]

I don't think the court is high enough to set any precedent, but word would certainly get around the judiciary very quickly. Then life would get much more difficult for Barry and CQ. The judge might also be tempted to pass on details to the OFT.

[SL8R]

Well that was an interesting afternoon in Court....

 

Case Adjourned :jaw:I will elaborate more this evening when i have time

[unclebulgaria67]

Will be interesting to learn what happened. Did Barry reveal himself?

[jellybabe]

subbing

[jimbo45]

Please post details of what happened (or didn't happen) in court as this will help many others.

 

Don't leave us all suspended in Limbo

 

Cheers

jimbo

[middenmess]

????????What happened????????????

[unclebulgaria67]

Perhaps the judge is eager to speak to Barry/CQ, hence the adjournment and now discussions are taking place as to how much it would cost not to go back to court.

[SL8R]

Sorry for the delay, I have been away.

Anyways, arrived in good time for hearing. There was no one else around, then 2 mins before hearing their Solicitors turns up. In the Court waiting room they approach me and say they have received no documents from the Court and as such will be asking for an adjournment.

They then asked me why I was disputing the debt etc.... I told them everything was in my affidavit. There solicitor said it was not unlawful to sell, act upon or take action against a dept if it was in dispute... “well that’s what we are here find out isn’t it" I said.

I was then asked for my address and phone number as they didn’t seem to have it, so I said that this just confirms my affidavit and that they have issued this SD without any information or proof (they don’t even have my address or phone number).

In the Court the Solicitor asked the judge for 35 days to complete a response and argument. The judge wasn’t too happy and asked me if I received mine. He then said that he thought it strange and asked why people cant communicate with CQ, he looked at me and said "I believe you also have had problems trying to contact this company" - yes I said "I have phoned several times with no effect and also written numerous times also with no effect"... judge raised their eyebrows and looked at Solicitor.

The solicitor then asked the court to pay their fees as the court didn’t send documents; the judge just said I will see you in 21 days.

The judge has allowed 21 days for them to sort their lives out.

So to me this means that they have indeed issued this SD with absolutely no proof of debt, no paperwork, no information about my address ect (which would obviously be on the original paperwork), and against all regulations, also saying they received the Courts summons, but not my affidavit... (course not).

To Be Continued ………………

[comebackjimmy]

Hi

 

Has anything else happened?

 

Been following with interest.

[SL8R]

Haven't heard a thing from the Court or CQ. Still waiting for new court date to be set... I think i might well phone Court today.

[comebackjimmy]

Good luck and fingers crossed.

[SL8R]

Well i have spoken to the Court, and they have not heard from CQ.... So guys how can i force them to court now and proceed with this - Any ideas ?

[SL8R]

Well the Court has not heard from then since last appearance.... Any ideas on how to force them to Court ?????

[SL8R]

I have come to the point where i am sick of these bullies, i will fight them all the way now.... there just bullies and self oppinionated egotistical morons - trying to prey on people, threatening allsorts, but in actual fact they can deliver very little...

[SL8R]

Alot of views.... but nothing in return - makes me wonder !!!!