capquest statutory demand

[mellyob]

yes please i dont know how to do much on this site i think i just stumbled on set aside LOST or something. Can you explain how to add a link to your thread (im not very technical im afraid)

[silverfox1961]

yes please i dont know how to do much on this site i think i just stumbled on set aside LOST or something. Can you explain how to add a link to your thread (im not very technical im afraid)

 

To make it easier for you, just go to the page I linked and place a reply. ( I would do it but then it would be in my name-not yours) Once you have done that, I will go in and place the link for you.

 

Links to follow

[42man]

I would drop the documents into the court on either the 16th or 17th day after receiving the demand...

[silverfox1961]

In no particular date order

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306581-CapQuest-Statutory-Demand-****WON-COSTS-****

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?258608-Capquest-have-issued-statutory-demand-Advice-please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?263089-CapQuest-Letter-Statutory-demand-under-insolvency-act-***-WON-***

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?158583-Cap-One-Cap-Quest-SD-amp-Court-Date-**WON**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?156641-Capquest-Statutory-demand-help-Urgent-**WON-COSTS**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?165140-Received-a-Statutory-Demand-from-Capquest-**-WON-COSTS-**

 

A more recent one

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?269248-CapQuest-Statutory-Demand-Another-One-Bites-The-Dust-WON-WITH-COSTS&highlight=capquest+sd

 

In my list, I have over 40 threads as won

 

In my list of lost cases, I have one thread and one post from another cagger who lost before he found CAG

 

Of the ongoing cases, I know of over 20 cases

[satnewbie]

I have read a lot about members getting a set aside.

 

What happens after somebody gets a set aside? Let us say because the agreement is 100% wholly unenforceable?

 

Is that it? Finished?

[BRIGADIER2JCS]

The claimant may start a new claim,

it can be the end of proceedings if the claimant

has no new or amended claim to put

before a court.

There maybe orders as to costs.

[satnewbie]

But then does that not fall under double jeaopardy?

 

If the judge sets aside due to uinenforceability then that is not it?

[BRIGADIER2JCS]

But then does that not fall under double jeaopardy?

 

If the judge sets aside due to uinenforceability then that is not it?

 

True but the question can although rarely that the judgement

can be challenged in a higher court, the whole area of good agreement v

bad agreement has altered for claimants and defendants due to

recent case law.

[42man]

If there is a triable issue (such as enforceability) then it isn't for the judge to dig in to this further, if he/she establishes that there is a significant dispute or an abuse of process then he/she will set aside the demand....

[satnewbie]

I am sorry but I do not agree with you.

 

IF a judge orders set aside due to unenforcement then it becomes Res Judicata.

[42man]

Arden LJ pointed out that under Insolvency Rule 6.5(4) a court may grant an application to set aside a statutory demand where a debt is “disputed on grounds which appear to the court to be substantial”.

 

Further, in paragraph 12.4 of the Practice Direction on insolvency proceedings it is said that a statutory demand should be set aside where there is a “genuine triable issue”. The burden of proof in an application to set aside a statutory demand rests firmly on the shoulders of the party making the application.

[42man]

We can beg to differ....absolutely fine with me...that is what these forums are for !!

[satnewbie]

But then according to McGuffick v Royal Bank of Scotland at part 14 and at part 104 it says that there must be a lis between the parties.

 

So therefore, unless the creditor can prove that the set aside was inconclusive then Res Judicata comes into force.

 

In short, they cannot amend documents to get over the enforceability argument.

[42man]

It is a good point actually.....under the insolvency rules the judge only has to decide if there is a substantial dispute or not...and will usually grant to the defendant if it is clear they do not want to be made bankrupt.....Quite a number of judges in stat demand cases have stated that the claimant may chase after the defendant in the civil courts....

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.c o.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF00 04F6EA

[theghost]

Someone has beef with CQ eh?

[42man]

What happened with this Melly ?