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

[jellybabe]

SAR and CCA request sent off this morning via 1st class recorded.

Let's see what reply i get or if i get one in the first place. Although teh SAR will be far too late, as they have 40 days to comply.

I think even the CCA will be pretty close to the 18 days i only have to set aside. So i better get started looking at these forms to fill out now.

Mind Boggles

[jellybabe]

Help please.....i think i'm in deep Poo!

Have trawled through all my paper work and have found the form they sent me regarding my CCA request in 2008.

And it looks eligible to me, although there were no T&C's with it.

I think i'm totally screwed now! (

 

I will post it here in a sec, just trying to upload it

[debt4get]

are you sure its eligible..that means totally unreadable..which would invalidate it..also if it is the shop direct one..you must be the first person i know who has ever had one signed

[jellybabe]

I'm sorry.....i got my head mixed up.....i meant, it looks fine to me, meaning valid.

 

Not sure how and where or why i signed it.....but i do not know what to do now

 

I'm still trying to upload it. It seems to small to read at the moment.Will try again right now

[debt4get]

dont start to panic yet..post up the doc and we will have alook for you and advise on enforceability

[jellybabe]

Not sure if it worked:

[jellybabe]

ok, seems still too small.Got it scanned as a pdf aswell, but don't know how to erase my details out of it.

So will try Photobucket instead.

[robcag]

are you sure its eligible..that means totally unreadable..

 

No, not quite , totally unreadable would be illegible.

 

 

ok, seems still too small.Got it scanned as a pdf aswell, but don't know how to erase my details out of it.

So will try Photobucket instead.

 

 

I don't want to get your hopes up too much, but you might try and get some opinions on the interest rates given on the form. AIUI, APR is not a prescribed term, but the actual interest rate is.

 

The interest rates quoted on the form appear to be daily rates so I'm not sure whether or not you could argue that they have not been sufficiently or correctly stated in order to comply. If so, that would mean a prescribed term was missing, rendering the agreement irredeemably unenforceable.

 

In my view, a daily rate gives you no idea of the actual interest rate you'd pay over the course of a year for example, and might be considerably different from the APR quoted. Why should you be expected to be able to work it out from a daily rate?

 

Cheers

Rob

[jellybabe]

Thanks Rob,

i'll see if i can get one of the Site Teams attention then.

 

I am totally baffled and had one hell of a sleepless night. Not sure why the big man up there is doing all this crap to me this year (had several bereavements, Husbands Jobloss and so on). I just don't know how much more i can take to be honest

But then, this case is totally my fault and i will have to find a way out of it.

 

Wouldn't it be a good point to argue that there are Charges on the account and also, shouldn't they only claim the Arrears and not the whole balance (plus the charges that are still on there) as it seems??

 

I wished i would have carried on with the charges claim in 2008, i got up to the Letter before Action and never filed....due to money and other problems.

 

Just another of my big mistakes in life!

[jellybabe]

Not sure how i missed to mention this letter (just shows you how messed up my head is right now).

 

This was a weird offer they made me, and maybe i should have took it, would have certainly saved me all tihs mess i'm in now:

CapquestOffer0001.PDF

Edited July 27, 2010 by jellybabe

[jellybabe]

Oh Rob, by the way.....Congrats on your Success the other day!

I'm sure you're over the Moooooooon!

[robcag]

Not sure how i missed to mention this letter (just shows you how messed up my head is right now).

 

This was a weird offer they made me, and maybe i should have took it, would have certainly saved me all tihs mess i'm in now:

 

I had an identical (different amounts) letter, and one or two others in a similar vein, but ignored them all.

 

I didn't think it was worth amusing them with a reply.

 

Cheers

Rob

[jellybabe]

same here, i never bothered replying to it. Now i think maybe i should have done ??

[citizenB]

You appear to have a lot of assistance, but I will move you to the legal forums anyway.

[jellybabe]

Hi citizenB,

 

thanks a lot and thanks for popping in.

 

x

[jellybabe]

So, is there any chance for me to have this set aside? Or should i contact Capquest now to avoid the worst??

[debt4get]

of course there is a chance of have this set aside..even if you dispute the amount you owe by a pound..should be enough to set aside...if you believe that the debt is made up of charges this is a good enough reason to apply to set aside

[jellybabe]

Thanks,

it isn't completely made up of charges, i think, but a lot of them.

There were deff over £400 (including interest) in charges on there when i first started the reclaim process (which i didn't carry on in the end), and that was in 2008. So it would have amounted to a lot more by now.

[debt4get]

well that is enough to dispute what you actually owe...and get it set aside...in your affadavit you need to put you believe that the debt is made up of unlawful excessive charges that you are in the process of claiming back and for that reason you require this to be set aside as the amount owed is not a true reflection of the debt

[jellybabe]

Just looked at the forms for the set aside....probably looks easy for most of you.....but completely confuses me.

Is there an "instruction" on how to fill those forms in??

[citizenB]

pop in "set aside" in the search engine at the top of the page and you will get lots of posts/threads which you have a look at which should help you.

[jellybabe]

Thank you citizenB, will do

[jellybabe]

Hi all,

Just searched around and am still baffled. Not helping much that i am German and am not too sure about all these legal wordings.

But i will give it a go.

 

Probably a stupid question....is there any way i can edit the pdf forms for the set aside, as i can't input anything on them?

Or is there a form in a different format somewhere around, like open office or wordpad??

 

Thanks

[robcag]

 

Probably a stupid question....is there any way i can edit the pdf forms for the set aside, as i can't input anything on them?

Or is there a form in a different format somewhere around, like open office or wordpad??

 

Thanks

 

You can find forms 6.4 and 6.5 in Word format (.doc) at this link;

 

Forms

 

Cheers

Rob

[jellybabe]

Thanks once again Rob x