Advice on capquest Statutory Demand for Bankruptcy

[interweb]

Thanks.

[Guest]

when is the '18 days' up?

[interweb]

I dont really know as the SD is dated 28th April but I didnt receive it till the 5th May.

[Guest]

ok. technically, it is 18 days from receipt (do you have the envelope, was it first class?). but to be safe, you should act in the next couple of days?

yes, proof of service would be required (as set out in the above link) if they want to proceed after 21 days where there is no set aside application and the demand is not settled.

imo

Edited May 15, 2011 by Ford
typo

[Guest]

interweb

for reference, is this your background thread on this? http://www.consumeractiongroup.co.uk/forum/showthread.php?304419-Incorrect-Account-for-Satutory-Demand&highlight

Edited May 15, 2011 by Ford

[42man]

I think to be safe you should dispute on more gorunds than just 'account number not known' they may try and hoodwink you by sending something to you and the court a week before the hearing. If they failed to provide an agreement then you should use that, faliure to provide any kind of assignment, default notice in the prescribed format, statements for the duration of the account, potentially missold PPI on the account, excessive charges etc.

[silverfox1961]

Hi

As you haven't mentioned the DCA concerned, if it is Capquest, could you have a look at this thread

 

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

[silverfox1961]

Hi

Can I direct you to this thread as it needs a bit of input

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

[BRIGADIER2JCS]

I would suggest that a complaint to the department of Justice re the use of SD's as an inappropriate means of debt

collection, so many DCA's have latched on to this idea it now needs to brought to the attention of the Government Department

concerned.

Also the attention of HM Court Service management should be made aware.

[interweb]

What costs can be put down?

[BRIGADIER2JCS]

All costs for time/loss of earnings etc.

[interweb]

Hi

 

Thanks for all the info and advice.

 

A date has come through for the setaside hearing.

 

Do i now send a letter to the court with a copy to the DCA detailing expenses that I would like to claim?

 

Thanks

 

interweb

 

P.S The alleged debt is just over £1k and I am about 100 miles from DCA offices. Is there any chance at all that they would attend the hearing, bearing in mind that my total debts make their alleged debt look like a drop in the ocean and i have no assets.

Edited May 25, 2011 by interweb

[2Grumpy]

Bit tricky for them to try anything after telling you that they wanted to nullify the SD - it would be evidence of them trying to pull a fast one!

[interweb]

ok, but they havent said they want to nullify yet. So if they do I can assume the chase will be over.

[interweb]

Hi

 

I sent a schedule of costs to the court last week with a copy to the DCA.

 

Received a letter from the DCA, saying they are willing to not oppose the standaside as the proper place to discuss disputes is the County Court, (REALLY!) and wanting proof of my set aside expenses to date.

 

I rang them up and we came to some arrangement over costs they would pay me. I then wrote to the court stating that the hearing was not necessary any more and the DCA would also be writing to confirm.

 

So what happens now?? do they start all the games and harassment over again?

 

Thanks

[silverfox1961]

If you haven't got that agreement in writing, you had better contact them again - in writing. I wouldn't believe anything that is said on the phone

[twofoot]

DCA's use the phone as a collecting tool, bit like a crow bar. Don't believe anything they say on the phone. You would not be the first to take the sucker punch.

[martin g]

The court will want a fee of about £40 to cancel the hearing, make sure that Capquest pay this. The court will also want a consent order signed by both parties.

I suggest that you phone the court on Monday to clarify this.

 

Martin g

[sillygirl1]

I would still go to the court 'just in case', its a common ploy to say one thing on the phone and something else in a courtroom...

 

If they DO turn up at court have all your evidence up to date, if they DON'T turn up and the hearing is still listed COMPLAIN to the court manager about the abuse of process by the DCA.