Capquest Stautory Demand

[martin g]

Good morning,

I don't think that you are being ignored- I suspect that no one knows the answer to your question because the insolvency courts are not governed by county court rules.

You find yourself in a strange position and I know that being in limbo is very unsettling.

I think that you need to talk to the court manager- not the oily rag, and point out that Capquest are ignoring the Judge and you want it refered back to him for action.

I do know that insolvency judges and courts have very wide powers and I think that in the circumstances he may set aside without a further hearing but you may need to push the court manager to get action/

 

Martin g

[unclebulgaria67]

Agree with Martin G. This is for the court to deal with. At the moment this matter in on hold until CQ get their finger out and comply with the Judges instructions.

[SL8R]

Thankyou for the advice.

I shall try to speak to the court manager on Monday.

[SL8R]

OK, i have spoken to the Court Manager, and they have looked at the case details and ruturned the case to the Judge for immediate actioning...

Also had confirmation from the Court today to confirm the case is being processed now and will be heard soon.

[MONX]

Personally, i think the judge should have set aside the SD and not granted the adjournment.

 

The fact that they have had the extension the judge has awarded them and still havent complied would indicate a spurious case in anyones mind!

 

I wouldnt be surprised if the case is set aside and you are awarded costs.

 

I am a bit surprised that the judge didnt ask why Bazza wasnt there!

[SL8R]

So am i to be honest..

I could be wrong, but in my eyes, the fact that they asked for an adjurnment to compile a defense, indicates that they had no case to begin with. Their case was infact just a scare tactic to try and bully payment for this disputed debt.

They have no intention in forcing bankruptcy (according to their solicitor), so the whole case has been brought with total disregard for the Insolvency Act Guidlines.

[martin g]

Hi,

It has always been my understanding that before commencing any legal action- including issuing a SD- the claimant must have to hand all of the paperwork that they intend to rely on.

As this never seems to happen with the companies on these forums I feel that the judge should not adjourn but should kick their claim out with costs. Sadly, I can't see ths happening.

Martin g

[SL8R]

Well after all the waiting and calls to the Court, the case has been given another hearing....

 

I recieved a letter saying:

Upon an applicant by the Applicant for an order that the Statutory Demand issued ...... be set aside. And upon the Respondant not having complied with the COurt Order made. The DJ ...... The court has found the Respondant in Contempt. The Court also Orders that.

 

1. The matter be relisted on ........

2. The Final date of hear is ......

3. The hearing is set for 10 mins.

 

 

Any thoughts about this?

The other side (CQ)have not even bothered to reply to court, after Barry was Summoned to explain his ways...?

[nicklea]

Given that the time given is just 10 minutes I would suggest that it's more or less a given that it will be granted. When I did my set aside I was given a time of 30 mins. But, it is essential that you turn up and are prepared to argue that there are triallable issues.

[42man]

Fantastic !!! you go there and claim your costs....and I urge you to report this to the Office Of Fair Trading....are you able to post this up (minus the personal details) ? If need be show the judge this - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

[babybear39]

Contempt of court is extremely serious and crappquest could find themselves in very hot water indeed

[SL8R]

Well you can change the title as WON.... Didnt win costs , but it was Set Aside... although it was a different judge. Tbh, i think the judge just wanted to get home for the break.... he was totally against any of the proceedures or anything brought against him, regarding this matter. All he did was questoin my motives. (are you trying to to use technicalities to get out out of this debt, or is there a reason?)

I was so angerey.... never heard so much crap from anyone, especially a judge (senile i think).

Everything was going down hill till i quoted S78, then he rulled against them and dismissed the case...

 

Their Solicitor asked if it was within law to issue a 2nd SD on the same account, he said they could ?

i argued at this point was ignored, and he said it was a possibility ?

 

Personally i think the Law sucks, and Companies like these thrive on it like leaches...

[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/con.../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

 

I will be sending this post to every Cagger I have on my list so you may receive it again.