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Capquest sending Statutory Demand..help please -**SD set aside**

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Ok then,

 

This is about a Shop Direct Account.

 

Have already asked Shop Direct for a CCA a long time ago.

Only ever received a, by me signed, application form, the same you used to get with all the catalogues.

To the best of my knowledge, there are many charges on this account. I started reclaiming them, but never actually issued my Court Claim. I couldn't handle the Stress due to bereavement and Husbands Job loss, and so on.

 

I have today received a Statutory Demand of Capquest, signed...well...Copy/paste'd by Barry Davies.

 

Dated Yesterday, received Today.

 

Sum is over £1200, and there is no way for me to get it below £750, not before the time runs out anyway.Don't get paid until the 13th August.

 

It states my Local Court.

 

It states i only have 18 days to aplly for set aside, and i have only 21 days before the creditor may present a Bankruptcy petition.

 

Please help me with your great advice....i'm in a right pickle, and soooo worried.

 

Do i CCA them now? I've got it printed out, just not sent off yet.

 

Thanks ever so much!

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Ok then, tried to ring Mr Davies on the number shown on my Notice.

I have been stopped there instantly as they asked for a 10 digit Ref nr and i only have a 6 digit ref nr??

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Well as many would advise, ring at least three times saying that you want to speak to Barry Davies, document the time and date of each call.

 

1. Dont worry!

2. How long ago was the last payment or acknowledgement of the debt?

3. How did you receive the SD, was it through the post?

5. Do you still have the paper work from when you CCA'd Shop Direct?

6. Did you send the "account in dispute letter" when you got the application form?

7. Dont worry!


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

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we still have a fair bit of time yet so dont worry...we will put together a defence to set aside the stat demand...capquest are losing these like they are going outa fashion...another one for a nail in their coffin..if the debt is made up of lots of charges etc we can defend on this point..plus no cca...dont worry we are all here to help

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I have sent Mr Davies the below email

 

From: UK26

Sent: 21 July 2010 13:15

To: 'Barry Davies'

Subject: Statutory Demands

 

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, legitimate 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 preventing you from issuing further statutory demands without the consent from the court

 

Regards

 

 

I feel we all need to take some form of class action againts companies that conduct business in this way.

Edited by UK26

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i do agree with you uk that capquest should be taken to task over this abuse of process..and no harm can be done by sending the email..however i dont think for one moment this is gonna stop these clowns...we can only keep chipping away..costing them time and money every time we get these set aside...complaining to the oft may make them look again at this...bringing a class action is going to cost..and cant see how we would raise the necessary in order to bring this about

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Maybe the CAG owners may help and handle the case

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nice idea but think keeping the forum as a going concern is occupying most of the budgetary resources...

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Ooh, thanks soo much.....

Monx....i received the SD through the Post this morning, letter dated 20/07/2010.

Can't remember when i made the last payment, it has been a while.

I'll have to look through all my paper work, i know i got all the stuff somewhere.

If i remember right, i did send the account in dispute letter and then stopped payments on it, after which they've just sent me the application form.

To point 1 and 7....i'll try my best, but this really really worries me.

 

debt4get...Thanks very much, there are deff a lot of charges on there, plus only an application form supplied, one of the kind that many catalogues used to send out years ago. Also, IF i remember right, the account started way before the date on the application form??I always found that very odd.

 

UK26....great email.

 

Thanks everyone for helping...it is very much appreciated.

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is it me or do you all notice a pattern in this

 

the date its the 20th mine was the 20th i read other treads and i think they were the 20th

 

must be the day they work


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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yep its probably lets send the stat demand day..and see who we can con into paying....jellybabe keep on ringing ol barry for next day or so and keep a written record...

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shedder101...that is very odd indeed.

 

debt4get....will do, see if i catch him.Lats time i rung i only had a machine answering and askiing for 10 digit ref nr, i only got 6 digit one, so it wouldn't let me go any further than that. Will try that nr in the other thread aswell. The "direct nr" :)

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not sure how many times i have to repeat my self.

 

The number you are calling is not a Direct Dial number to MR Davies

 

however the below contact info will indeed get you direct

 

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 bdavies@capquestco.com

 

even his Mobile number is there.

 

shedder101...that is very odd indeed.

 

debt4get....will do, see if i catch him.Lats time i rung i only had a machine answering and askiing for 10 digit ref nr, i only got 6 digit one, so it wouldn't let me go any further than that. Will try that nr in the other thread aswell. The "direct nr" :)

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I'm sorry :(

 

I only rung once so far, due to kids coming home from school.That is the call i was on about. I already have the nr you just posted written down from that other thread, and this is the one i will try from now on. That's what i was trying to say :( Sorry

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IF he is at his desk he should answer or it will go to his answer phone, no other staff answer.

 

ill try his number to see if he answers now for you

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nope, away from his desk at min

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Thank you

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Ok, i just found some of my paperwork.....

 

i first CCA'd them on the 12th June 2008.

 

The dispute letter was sent on the 1st of July 2008,although the dispute was mainly due to the charges on the account, but the letter also included the "you are in default of my CCA request" dispute bit.

 

I know now, that i should have done it differently, but i didn't know better at that time.

I also, in Feb 2009, sent them the Telephone harrassment letter. After that i took the Reclaim route, which then went up to almost court stage, but stupidly dropped it because i couldn't handle the Stress no more.

 

So somehow i ended up with the CCA route in the end. I know i made stupid mistakes, and i could kick myself for it..........but i can't change it now :(

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We might all be able to meet Barry in the near future anyway, Judge seems to have made an order for him to appear... !!! - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/265319-capquest-stautory-demand-3.html#post3034954


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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Hi Jellybabe

 

Don't worry about actually contacting Barry Davies, the important point is to make a note that you have attempted to call him on three consecutive days and been unable to speak with him. That is the first point required to set aside the SB - even if you had the correct number(s) you are almost totally assured not to actually speak with him, they will offer you all kinds of alternatives, but stand your ground and insist him personally only.

 

As long as your CCA request remains unsatisfied that is the full extent of your defence.

 

Not sure if you have the set aside forms required, but if not here is a link:

 

Forms for Setting Aside Statutory Demands:

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

 

You will need to take these in person to the nearest Court that deals with Bankruptcy as you will need to swear the Affadavit at the Court office.

 

Make sure you know which is the Court closest to you.

 

As you read through the Capquest/SD threads you will see that in most cases once you set aside, that is the end of their threat. They may well continue to chase the alleged debt, but we can deal with that later.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I am due in court on Friday for my set aside hearing against Capquest, could some one advise me what I should take and expect? I have prionted off a cost form which I am taking in to court tomorrow also a sheet that has requirements imposed by OFT pursuant to section 33a and laso my credit report whicxh shows there is no CCj against me regarding the 10 year old debt. Do I need t omake 3 copies of the affirdavit? Do I need to take in the letter from Capquest that I received regarding bankruptcy for said debt? many thanks - its a minefield!!!

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i went on Tue

 

i had to go to court see the usher

 

i was called in to the chambers and sat down

 

the judge asked a couple of questions about when i had the letters from CQ then said as they dont object to the set aside it was granted

 

all painless to be honest

 

take copes of all your paperwork to refer to as you might need it, make not of what date you got CQ letters

 

as for costs dont hold your breath i didnt get them granted just happy to win the Set Aside


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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not sure how many times i have to repeat my self.

 

The number you are calling is not a Direct Dial number to MR Davies

 

however the below contact info will indeed get you direct

 

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 bdavies@capquestco.com

 

even his Mobile number is there.

 

Its good his mobile number is on there, means he cant esxcape angry people !!!

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I had a letter at the end of last year then the stat demand - thats the only one I have kept! Did you apply for your costs, not bothered about them really as just want this finished. What questions were you asked? Well done for getting the set aside granted! thank you

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i did apply for costs the judge said she want granting them as CQ would probably appeal them and drag it out as it was listed in BD statement.

 

the questions were the date i had the letter saying CQ wasnt going ahead was it after i applied for the set aside and she didnt understand why i was there as they weren't going through with it.

 

i explained i didnt trust CQ with anything and i did put in for the SA before the letter arrived, i recon if i had said it came before i would not have got it becouse it could have been wasting the courts time, so i am expecting a letter from the court this week to say its all over.

 

now i would still get that piece of paper because you know then it is official


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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