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Capquest Stautory Demand


SL8R
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OK, have written 6.4 and 6.5 out, what do you think, are they ok ?

 

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Hi SL8R

 

A bit blurry to read, but I think I can make most of it out!

 

I'm no expert in these matters although I recently submitted a setaside application against my own [email protected] SD.

 

On mine I probably went a bit over the top (belt & braces), but my main approach was that I denied the debt, had made an unfulfilled s78 request to the OC, no lawful assignment had taken place, no DN issued, but I didn't actually bother to mention the breach of the insolvency rules regarding method of service.

 

It may be that I didn't need to go into such detail, but I think the main thing I'm trying to get at is that I actually denied the alleged debt and gave some reasons why.

 

Have you actually denied the debt in so many words on your form 6.5 ?

 

I'm not saying you've done anything wrong - just trying to help. ;)

 

Cheers

Rob

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I understand what your saying, the debt was originally bought by CQ whilst the debt was in despute from the OC Next (who didn't comply with aCCA request).

 

Will have to think of a way of rewording some of it then...

 

Thanks.

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Good afternoon,

I'm inclined to agree with Robcag, I can't see anywhere that you are denying the debt or providing the judge with an easy way (or several) to set aside by pointing out the problems with the SD.

I agree that you should have a belt and braces defence and outline the law on CCA, defaults, unfair penalty charges, assignment and so on.

 

At the moment, IMO, you appear to be whining about the way the SD was served and not about the fact that you have, I hope, a defence in law.

 

The only reason for a judge to set aside a SD is to prove that there is a "genuine triable issue" and that in a County Court case you would win or have a very strong chance of doing so.

 

I think your proposed document could see a judge giving you a very hard time.

 

Martin g

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Ok thanks for the replies.

Couple of questions... has anyone got 6.4 and 6.5 on word, as the "free" pdf writer i have keeps putting watermarks all over the docs :/.

Also how many pages should i try and keep it to ?

 

Many Thanks.

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You can convert the pdf to word online here PDF2Word Online: Convert PDF to Word for Free

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Ok thanks for the replies.

Couple of questions... has anyone got 6.4 and 6.5 on word, as the "free" pdf writer i have keeps putting watermarks all over the docs :/.

Also how many pages should i try and keep it to ?

 

Many Thanks.

 

Further to cerberusalerts post, a quick google found this useful page which has many forms in Word format (including 6.4 and 6.5).

 

http://www.insolvency.gov.uk/forms/englandwalesforms.htm

 

I used them myself a while back as I was also having PDF problems. The Word forms sometimes have lines on them in the downloaded document, but these don't get printed.

 

Cheers

Rob

Edited by robcag
Corrected quoted CAGger - apologies cerberusalert!
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Ok, thanks for all the replies and Links.

My Son was taken into hospital Monday morning, so was unable to reply.

 

I have reworked the 6.5, maybe a bit long winded, but i think it explains things ok ?

 

 

 

 

 

65-1.jpg

65-2.jpg

65-3.jpg

 

Any thoughts - advice most welcome.... i have to get it to the Court tomorrow, then sort out the schedule of costs!!

 

Thanks for all the help on this guys... :)

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Subscribing with interest as [email protected] seem to be following the same pattern with SDs as 1st crud and they've been warned by the OFT regarding this exact same practice. Get a complaint in to the OFT ASAP :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Subscribing with interest as [email protected] seem to be following the same pattern with SDs as 1st crud and they've been warned by the OFT regarding this exact same practice. Get a complaint in to the OFT ASAP :D

 

 

Yes im working on that right now... they seem to be throwing SD's around like confetti at the moment, and from what i have read most are invalid.

I will be mentioning the way in which mine was served to an address i have never resided at, and the buying of accounts in dispute !!!

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Scream to anyone and everyone that [email protected] are abusing the insolvency service by using it as a debt collection tool!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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OK, went to court today. Handed in forms and swore oath. Was given the court reference number for the case, and was told by the insolvency section manager that the DJ would be passed the paperwork this afternoon ... she said this would be "blue walleted" (fast tracked) due to the number of SD's served recently from the same judgement creditor and that i will have a decision for the set aside on Wednesday with a date for the hearing to follow - if applicable.:eek:

 

This is a bit faster than i expected it work.... She also siad that i should inform Barry Davies that the forms 6.4 and 6.5 had been submitted to court incase they try to instigate bancrupcy proceedings in the mean time - i thought the court would inform them of this ?

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The court will inform Capquest.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Well... thanks for all the help, i wouldn't of had a clue but for this site and the members... fingers crossed all goes well and there will be a donation to the site for sure... :D

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Everything crossed for you :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Good luck and I will have everything crossed for you, not that you will need it but hey .... it cant hurt lol!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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