Capquest statutory demand set aside LOST!

[uptoeyeballs]

Hi peeps,

 

Ok, so I have found my barrister (have to find the money next, but that's another story!).

 

The court have given me a hearing date, but the barrister is not available on that day.

 

The court tell me I can:

a) Write a letter that will go on the court file and the judge at the hearing with adjourn or not (his/her decision at the time). This sounds a bit risky to me, unless someone know better.

b) Make an application to the court to have the date changed (still a decision for a judge). This sounds safer, but how can I possibly get a date that will work given how long it takes the court to deal with applications. Should I ask the judge to make an order that a "hearing will be on a date between x and y to be agreed with the listings clerk"? Is that allowed?

 

I guess this must happen all the time, so there must be a way.....

 

uteb

[uptoeyeballs]

Bumpy!

[silverfox1961]

Hi

I would like your input on this thread if you have time

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

[silverfox1961]

I know it has been a while but do we have any update on this case. I'm only asking as yours is the only case I have seen that has been lost

[uptoeyeballs]

I know it has been a while but do we have any update on this case. I'm only asking as yours is the only case I have seen that has been lost

 

Lost the appeal too. Judge wasn't keen on the idea of peasant not paying his debts. No petition as yet. Madness.

[uptoeyeballs]

Hi peeps!

 

Must be a year plus since the SD and no petition.

 

As far as I can tell SD's don't expire, altough I guess I might have an argument after 6 years.

 

It bothers me a lot this is still up on the air.

 

Any suggestions how I might force a conclusion either way? An injunction?

 

Grateful thanks!

 

uteb

[Guest]

no, afaik they don't expire as such unless barred, set aside, withdrawn. but, the longer they leave it perhaps more ground with which to challenge a petition if it comes. ie why issue demand if not going to go ahead with it at the time? maybe a long shot though? afaik, that is something the oft etc were concerned about ie sd should be a last resort and not used as a simple 'threat'? presume that j didn't order them to petition within a certain period of time? has there been any collection activity since?

Edited August 30, 2012 by Ford

[uptoeyeballs]

Thanks Ford.

 

The order didn't even require them to petition let alone within a time.

 

Nothing has happened. Might be dead, might come back in a few years!

 

I had in mind getting an order to force them to petition or drop it altogether. Maybe it's not that simple.

 

uteb

[Guest]

well, one option, could write to them requesting that they withdraw the sd. it has been some time without a petition reminding them of the oft etc concerns re sd 'threats' and will be complaining to oft etc if not. that could wake the dog!

or, let it lie for now. see what happens. how far is it from being barred?

or, try to come to some settlement. if not a reduced lump sum, then perhaps instalments backed up by a consent order?

you mentioned an injunction? not sure if that would work? they currently have a right to the sd?

could try for a general court order eg re make a petition within x time and if not petitioned by then withdraw sd? not sure?

or....?

Edited August 31, 2012 by Ford

[uptoeyeballs]

Have to chew it over..........