capquest - stat demand received - hbos Credit Card - **set aside**

[superstarjan]

sorry to be a pain, but I'm just going through all the defence etc. and need a bit of help to get my head round it all. I am a complete novice on this and don't want to make a mistake.

 

-my partner is taking the form 6.4 to the court tomorow to be sworn in - is the form 6.5 needed for this?

-what will the procedure be exactly once that's sworn in, will we get a court date sent through the post and have to attend court to defend?

[superstarjan]

also, I'm not too sure what to put on the form 6.4 in all the sections? PLEASE HELP !!

[superstarjan]

We have to get this to court tomorrow as the 18 days are up, so I'll fill it in as best I can and hope all goes well. I'll keep you updated!

[superstarjan]

I know that people have been phoning (well trying to phone) Barry davies with no luck, my partner has tried too and not got through. What is the best way to word this on the defence?

[42man]

The defendant has on 3 occasions attempted to contact Mr xxxxxxx xxxxxxx (give dates of attempts) on each occasion the defendant has not been allowed access. The defendant avers that Mr Barry Davies is a non existent person, thereby making this a frivolous attempt to frighten the defendant into paying and an abuse of the Insolvency Rules. I refer to

 

Insolvency Rules

 

6.2.— Information to be given in statutory demand

 

(2) The demand must specify one or more named individuals with whom the debtor may, if he wishes, enter into communication with a view to securing or compounding for the debt to the satisfaction of the creditor or (as the case may be) establishing to the creditor's satisfaction that there is a reasonable prospect that the debt will be paid when it falls due.

In the case of any individual so named in the demand, his address and telephone number (if any) must be given.

[42man]

You might also like to add to this that

 

The defendant avers that a ficticious person has the effect of nullyfying the creditors ability to follow through any bankruptcy threat and also constitutes a serious abuse of the Insolvency rules.

[superstarjan]

thanks 42man. I will add that to the defence. Because the defence is 6 pages long, I've printed it out and put ''please see attached continuation sheets'' on the form6.5. Also I'm a bit confused what to put on form 6.4 there is a part that is asking for a date, time and place, is this for the court's use or can we specify a particular date? sorry for all the questions, I am a complete novice.

[42man]

Try this - http://www.consumerwiki.co.uk/index.php/Statutory_Demands

[superstarjan]

That link was really helpful, I'm now confident that everything is correct on the forms. Another quick question, the continuation sheets that I've done, is that officially a defence or a witness statement? Also do I need to add a title to that with court details etc. as would be required for a 'normal' hearing?

[42man]

your 6.5 is your 'affadavit' - (which is your defence and must be sworn in at the court along with any other accompanying documents)

[superstarjan]

thanks again! I phoned capquest again earlier (the 3rd time) to speak with barry davies, this time I was given another number to ring which I was told was the number for his department. I rang it and spoke to a girl that said she can't put me through to him if I don't give my name. I asked if he was available if I did give my name and she said 'no' !!!!!! I asked what her name was and she gave it to me. Is it worth putting this on the affidavit too or is it irrelevant?

[42man]

Amazing.....yes I would include the last part about the fact that even if you gave your name they still wouldn't put you through !!! And please, please report this to the OFT too...

[superstarjan]

I will report it to the OFT, I'll do it tomorrow though, because my head is about to burst at the moment with all this legal jargon

 

We're just about to set off to court, to get it sworn in.

 

This is what I've added to the affidavit about the phone call:-

 

The defendant has on three occasions attempted to contact Mr Barry Davies on each occasion the defendant has not been allowed access. On 15.2.11 the defendant was given a different number than the one supplied on the demand and was told that it was a direct number to Mr Barry Davies’ department. The defendant spoke with a lady named???????????, who informed the defendant that Mr Barry Davies would not be available to speak with. The defendant avers that Mr Barry Davies is a non existent person, thereby making this a frivolous attempt to frighten the defendant into paying and an abuse of the Insolvency Rules. I refer to

 

Insolvency Rules.............

Edited February 15, 2011 by 42man

[42man]

looks good....

[superstarjan]

We went to court before and apparantly it's changed now, the application doesn't need an affidavit, it now needs a witness statement and it doesn't need to be sworn. It wasn't a problem because it was just the front sheet of form 6.5, so my partner just re-did it there and then. The guy there wasn't sure but he also thought that it was way overdue and that weekends were counted ?? He said that he will put it before the judge and we shall hear via post!!

[superstarjan]

not sure when this changed though

[42man]

So am I correct that the documents have not been sworn in ?? Bearing in mind that court staff are not there to help you.......

[superstarjan]

yes, you are correct, the documents were not sworn in !!!!

[42man]

It would be most uncomfortable if you had to say to a judge that the court staff advised you not to swear in documents (and the judge turned round and said the court staff are not solicitors qualified to give any advice !!).....I would give the court a call and ask if they are able to swear in affadavits for defence of statutory demands and bankrupcty petitions. i'd be intrigued to see what they say.

[superstarjan]

I didn't go into the court with my partner, but he said that the guy there said that it is now a witness statement and not an affidavit and my partner had to re-do the front page of the document there and then. I'll phone the court now and see what theysay and let you know asap!

[superstarjan]

.............just phoned the court and spoke to the 'banckruptcy' person there and she also said that it is now a witness statement that's needed and not an affidavit and the statement of truth on the witness statement means that it doesn't need swearing in now!

[42man]

Thanks SJ.....very interesting to know, it is certainly the first time I have heard of this....

[superstarjan]

yes, it is interesting......I hope it helps !!!

[DJP13]

Hi there, I need some help for my partner, that has buried his head in the sand and is now facing bankruptcy.

 

He has received a stat demand 11 days ago from capquest. The debt is for a credit card that he hasn't paid for over a year and has lots of bank charges on it.

 

He has a number of debts, a failing business, a house with very little/possibily no equity, no car or assets. We have a young family and the last thing I want is to lose the house because of him ignoring these debts. I'm at my wits end and really need some help on this. He knows that I've come on here and is finally ready to take some action, but I'm worried he might be too late.ASE HELP.

Hi - I am new to posting on here and had to sign up when I read about your situatio

[DJP13]

Please ignore my previous post as I pressed submit by accident!!! Anyway as I was saying I am new to posting on here but had to sign up and tell you about my experience of a Capquest Stat Demand. Basically I had an old Sainsbury's bank loan that I fell into difficulty in 2008 and stooped paying, this was send to various DCA's and ended up with Capquest, I requested a copy of the original agreement under S77 several times but it never came, then eventually I got a Stat Demand, When this arrived I spoke to an associate who deals in consumer credit law and we filed the forms to get it set aside on the basis that they never sent the copy of the agreement and a couple of other points, I attended court on the day (Cap Quest didn't) and the judge through the Stat Demand out, the funny part about this is I applied for costs and got £980 awarded to me!!! they had to pay me within 14 days, when the 14 days was up I had not been paid so we sent them a letter saying that if they didn't pay within 24 hours we were going to serve a winding up petition against them, the next day my cheque arrived by recorded delivery. Since then I have not been chased for this debt.

 

I have had a lot of experience with Capquest on this type of thing, and whilst you must apply to have this set aside, you must realise that they send these out for fun, it is a standard part of their process and scares many people into paying, I know several other people who have had these and ignored them and they have never been pursued since by Capquest.

 

I hope this helps.