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eric54

Statutory Demand - No Court Detailed

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Hi

 

I have received a Stat Demand from CapQuest but they have not detailed the appropriate court in Part A. Does this invalidate the SD?

 

Thanks

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An SD is actually not a Court document, it is a form downloaded from the internet. However, having said that, you do need to apply to a Court to have it set aside if you have grounds. You have 18 days from the date of Service.

 

Depending if you have grounds for a set aside, this can be done at your nearest local Court that deals with Bankruptcy.

 

Most members of this site recomend that you apply for a set aside, as if you do not, Capquest have 14 months in which they could apply for your Bankruptcy, so assuming you have grounds you really must set this aside.

 

I do not think a small point that no Court is mentioned would invalidate this at all.

 

Hopefully others will be along soon with more advice.


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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Hi,

Capquest have been sending these out like confetti in the hope it frightens people into paying. From the ones I have read on the forum, Capquest don't follow through with Bankruptcy and don't send anyone to court when the defendant applies for a set aside. I even saw one cagger who had a letter from CQ saying that as they hadn't responded to the first SD, they would hand deliver another which also shows that it is a scare tactic.

Having said all that, it is prudent for you to get this set aside.

A few more details about the "alleged" debt would help us help you


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How do I know where to send the application if no court detailed?

 

Also, I am having an operation tomorrow which means I wont be able to attend any hearing. Can I deal with it by letter?

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As per post #2 to your nearest local court that deals in bankruptcy.

 

The set aside forms need to be taken personally to the Court as there is an affadavit to be sworn and signed by you in person.

 

Not sure how you would go about getting an extension for this, best thing would be to telephone the Court first thing in the morning.


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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Most members of this site recomend that you apply for a set aside, as if you do not, Capquest have 14 months in which they could apply for your Bankruptcy, so assuming you have grounds you really must set this aside.

 

 

I thought it was 4 months? not 14.....!!!


When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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I stand corrected if that is so, but the main point at the moment is that you only have 18 days to set aside the SD.


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 thought it was 4 months? not 14.....!!!

 

No, the judge who heard my case told me that the DCA can pursue the petition for 14 months after it has been served. After that it becomes dormant and they have to re-serve another SD if they want to pursue it.

 

OP you can find your local county court here: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/ ring them and make sure that they deal with bankruptcy petitions.

 

You then swear in an affidavit giving the reasons why the SD should be set aside and then the court writes to you with a hearing date.

 

It would help us to help you if you tell us a little bit about the alleged debt the SD is for

 

Is this the first you have heard about this alleged debt or have you had letters before?

What is the alleged debt, is it a loan, credit card or bank overdraft?

Did you recieve a default notice?(this would be from the original creditor stating that you have failed to pay and therefore defaulted the original agreement).

Did you recieve a notice of assignment (this would be from the original creditor stating that they were passing the debt to the DCA).

When did you take out the debt?

How much was it for (approx)?

When was the last time you paid it or acknowleged it in word or letter?

Did you send a CCA request to the DCA?

Have you sent a SAR to the original creditor?

 

I know that is a lot of questions but it will give us an idea of the reasons for having the SD set aside.


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

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