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In April I received (by post) a Statutory Demand from Capquest in relation to an old credit card debt.

 

I applied to have this Stat Demand set aside within the prescribed timescale and have a hearing scheduled imminently.

 

After receiving the Stat Demand I requested from CapQuest a copy of the CCA and statement of account, (neither has been forthcoming) and once their permitted 12+2 days had elapsed I notified them in writing that the account was in dispute.

 

I didn’t hear any more from them until a couple of weeks ago, when they sent their own witness statement attempting to refute each and every one of my grounds for set aside. It does rather give the impression they believe they can succeed on this. Further to this, I have received another letter encouraging me to call them and discuss the matter.

 

So my first question really is whether this gives any kind of clue as to whether they actually intend to attend court and see this through, or whether it is just a final throw of the dice to get some kind of payment from me? Not sure how relevant distance is but I’m not exactly local to their office Hampshire, it would certainly be a full day out for them.

 

Another dilemma I have is that I believe the debt may be Statute Barred but cannot be totally certain without seeing my statement of account. My feeling is that the six years has now passed but there is a slight possibility that we’re not quite there.

 

How can I present this aspect to the judge if I haven’t received the information? Presumably they will only be interested in definite facts but would the onus be on me to prove it’s Statue Barred or on CapQuest to prove it isn’t?

 

My worst fear now is that CapQuest turn up at court, bringing with them a statement that shows it’s not Statute Barred. I wouldn’t have a great deal of confidence in myself to successfully argue the finer points of Insolvency Law, therefore what I previously thought were fairly solid grounds to have the Set Aside granted might not actually be..

 

Would really appreciate some help please.

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type in capquest in our advance search top right and do some reading

 

they poke these out like confetti

 

also check your cra file

if it does not show there it def sb'ed which is an absolute defense

 

dx

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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type in capquest in our advance search top right and do some reading

 

they poke these out like confetti

 

I've done plenty of reading over the last few months and wasn't particularly worried until a couple of weeks ago. When it's your own case and the date is getting nearer it's hard not to feel anxious though.I guess you're saying there's no chance of them turning up and to stop worrying? Surely occasionally they do actually follow these through?

 

also check your cra file

if it does not show there it def sb'ed which is an absolute defense

 

The default still shows on my CRA file as it was issued some time after the last payment was made. It's the date of this payment I need to ascertain so, in the absence of a statement, I'm not really sure how to present this to the judge.

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Have you requested a statement of account from them ?

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Have you requested a statement of account from them ?

 

Yes. Did this 3 months ago, along with CCA request.Nothing forthcoming yet, although their witness statement claims they have been requested from the orginal creditor.

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