Capquest Statutory Demand ***WON***

[Bobity]

Hi

I have been issued with a Statutory Demand, posted no attempt at personal service, from CQ and intend to try to get it set aside using the following

 

No Statutory Notice of Default from OC

No letter of assignment or deed of assignment

No date of assignment on SD

Agreement is an Egg credit card from 2000 (missing prescribed terms?)

No Statutory Notice of Default from DCA

 

Also, SD says that interest has been accrued and added from date of assignment. Are they entitled to add interest and if not then the interest amount deducted from the full amount is less than 750.

 

Are the above valid reasons? I was paying back the debt until they suddenly out of the blue issued a solicitor's letter saying I had broken my agreement and had not made payments for 2 years. I had and could prove it.

 

Any advice much appreciated.

[crabbingtime]

If the Capquest have not served with Notice or Deed of Assignment they have no grounds to proceed with a Statutory Demand. This alone would be grounds to set the demand aside. It would not prevent them from issuing a further demand when this has been served.

[Bobity]

A further demand? Do you mean another Statutory Demand? Can they do that if it has once been set aside?

[miss muppet]

I don't think thats correct, once it has been set aside, have a look in the search button for Capquest, they are issuing these like confetti at the moment, the OFT are building a case on this so don't forget to slam in a complaint to them! By the way who is named on the SD, bet its our old friend Barry Davies, if so telephone Capquest and ask to speak to him - do it on three consecutive days, don't give them any details just say that you wish to speak to him regarding set aside of a Statutory Demand, block your number and don't give them the telephone no. to ring back, that is another reason for set aside as he is so ghostly, if he appeared he'd spook himself!

[Bobity]

You're so right, it is Barry Davies. I'm a bit confused over the contacting issue - some people say don't make contact if the SD is posted, and others say to try to contact 3 times.

[miss muppet]

You're so right, it is Barry Davies. I'm a bit confused over the contacting issue - some people say don't make contact if the SD is posted, and others say to try to contact 3 times.

 

Yes, there is a split of opinion - some people say just ignore, in your case you have been paying so they should not have taken this action, take 'em to court, they probably won't turn up, ok it is scary but you'll be teaching them a lesson and with any luck they'll have to pay your expenses! If you do ring, make a note of the 'phone monkey's name and what excuse they give because if its anything like the case with my daughter they will deny you rang! They have produced a detailed witness statement refuting all her arguements and opposing the set aside and get this, they say she has gone for a set aside just to get their money - I can think of better ways to spend the day!!!

[Bobity]

Has your daughter been granted the set aside?

 

I paid the debt until 2009, but when I got the solicitor's letter saying I hadn't been paying - I stopped. I saw this site and that it might be unenforceable because of missing terms; I got a CCA then a Sar and told them I hold the account in serious dispute. They never refer to this but just keep sending all kinds of letters. Some offering deals and others threatening.

 

All I really wanted was for them to say 'sorry, you have been paying it's an error on our part - please resume payments'. I would have.

Edited August 2, 2011 by Bobity
spelling

[Bobity]

I have read somewhere that the set-aside has to be handed in at the local court in person. Does that simply mean by hand (that my partner could hand it in) or does it mean that I have to take it myself? I don't know where I've read it now, i'm reading so much on different threads I'm getting lost!

[miss muppet]

I have read somewhere that the set-aside has to be handed in at the local court in person. Does that simply mean by hand (that my partner could hand it in) or does it mean that I have to take it myself? I don't know where I've read it now, i'm reading so much on different threads I'm getting lost!

 

Hi Bobity, Not sure tbh, although it used to be a sworn affadavit, it is now a statement of truth, why not ring the court and ask them, it would certainly save you a trip.

[citizenB]

It is my understanding that you do need to take it to the court yourself (or whoever is named on the SD) as an affidavit has to be signed.

 

You also need to ensure that the court they have named does actually deal with bankruptcy hearings.. as CQ dont always get it right.

 

Please do have a read of other threads of a similar nature and especially those where input from 42man and nicklea is evident.

[Bobity]

hi everyone

 

I have to hand in my Set-Aside in the next couple of days. I kind of know what my reasons are but don't know if the form is properly filled in.

 

Also, do I make mention that I was paying the debt for a few years until CQ suddenly accused of not paying 2 years ago?

 

Could someone pls take a look and comment?

Form6-05[1].doc

Edited August 3, 2011 by Bobity
add lines

[Jasper1965]

Suggestions.

 

Change - • There has been no letter or deed assignment from Egg to Capquest

 

To No notice of assignment of this account has been lawfully served upon me therefore the assignment from Egg to Capquest (if any) which has occured remains equitable not absolute.

 

Add-

 

Without sight of the terms and conditions attached to this account I am unable to verify whether Capquest are contractually permitted to apply interest to this account.

 

In failing to comply with the requirements of Sec 86C of the CCA 1974 as amended by the CCA 2006 both the original creditor and Capquest are prevented by virtue of Sec 86D of the same Act from applying interest throughout the period during which they have failed to supply the relevant notices. If this unlawfully added interest is removed from the amount claimed as due the total amount of the claim falls below the £750 threshold and thus this demand stands as an abuse of one of the most basic of the insolvency rules.

[Bobity]

Thanks for that Jasper. I am most grateful and my form has been ammended accordingly.

 

I had no terms and conditions supplied to me when I took out the credit card and Capquest didn't supply any with the first or second lot of copies re my CCA request or with the SAR. However, just before they issued the SD they sent me

 

copy of the Agreement, this time it's legible the other copies have been dreadful

copy of the terms and conditions in force at the time the credit card was taken out - I've never seen them before

copy of the T and Cs at the time of the default ?

copy statments

 

Can they supply copies of the T and Cs out of the blue like that when I've never seen them before - they're certainly not signed? Does that give them the right to charge interest.

 

Also, in 2009, Egg supposedly sent me a letter saying that the debt had transferred to CQ in actual fact they bought it in 2005. I've SARed Egg but they say they have nothing.

[Bobity]

off to the court today to hand in my papers! See what happens then. Perhaps they will withdraw...

[citizenB]

That looks ok to me

[Bobity]

Thanks CitizenB

 

Just got back from the court having dropped off the documents. Not so bad as I thought. I didn't sign the papers thinking I would have to swear or sign in front of someone, but I could have signed them at home. Just needed to hand them in in person. They required 3 copies, one for court one for CQ and one to send back to me. They said it could be September before it's heard (if it is) and court is very busy.

[miss muppet]

Well done Bobity. Keep your fingers crossed for daughter, she will be going along very soon!

[Bobity]

Yes, Miss Muppet I will keep my fingers crossed. Wish her good luck from me.

[citizenB]

Thanks CitizenB

 

Just got back from the court having dropped off the documents. Not so bad as I thought. I didn't sign the papers thinking I would have to swear or sign in front of someone, but I could have signed them at home. Just needed to hand them in in person. They required 3 copies, one for court one for CQ and one to send back to me. They said it could be September before it's heard (if it is) and court is very busy.

 

 

I think a lot of "legal" staff/courts also have holiday during August. With any luck, CQ will discontinue before then

[Bobity]

I hope they withdraw. I don't know what they would get out of pursuing it they know I don't own property.

[miss muppet]

Pointed that out to them in daughter's case Bobity, still hasn't stopped them! They, like 1st Credit will get pulled up by the OFT and be monitored, so get your complaint in too, have a look at silverfox's thread.

[Bobity]

Well, the court has decided to hear my reasons for a set-aside, so I'm just waiting now to go to court.

[miss muppet]

Thanks for your good wishes Bobity, have passed them on, here's the link you wanted:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316549-Daughter-s-Capquest-Statutory-Demand-**-WON-**-with-costs

[lilly white]

thank you for your report...........and BTW,,,,,,,,,,well done.

[Bobity]

Hi All - in need of urgent advice again please!

 

CQ have written to say that they have received notice from the court of my intention to set aside. They are opposing the application and have sent a witness statement from one of their legal support associates.

 

They say I have misunderstood the requirement for application, that I am simply moving the burdon of proof to them to prove that I owe the debt.

 

The SD was sent by post, they justify this as being ok if service has been acknowledged in writing - which it has, obviously, I have to acknowledge it (to the court) to set it aside.

 

If I scan the witness document (privately if poss because of the detail in it) or write up some of the things that are worrying me could someone please help.

 

In the covering letter they give the opportunity of paying back in installments.