Capquest Statutory Demand ***WON***

[Bobity]

Thanks for responding so quickly onlyme. I didn't know whether to get it in straight away or not. They said they were going to get a copy of the statutary default notice to me, but I'm still waiting!

[Bobity]

Hi all

 

Received a letter this morning from CQ saying that they were reminding me that they would still be willing to resolve without going to court for the set-aside and wasting court time and incurring costs on either side?

 

If I lose, will I have to pay costs? I was under the impression that this wouldn't cost me anything (except the hours of work involved!).

[miss muppet]

Hi all

 

Received a letter this morning from CQ saying that they were reminding me that they would still be willing to resolve without going to court for the set-aside and wasting court time and incurring costs on either side?

 

If I lose, will I have to pay costs? I was under the impression that this wouldn't cost me anything (except the hours of work involved!).

 

Just the usual scaremongering Capquest Bobity, they are the ones who are wasting court time and should be made to pay for it - be polite to the Judge but state your case firmly.

[Bobity]

Thanks Miss M

 

Should I reply to CQ acknowleding the letter? or just ignore it? I don't want to do anything to prejudice the case against me.

[miss muppet]

Thanks Miss M

 

Should I reply to CQ acknowleding the letter? or just ignore it? I don't want to do anything to prejudice the case against me.

 

Ignore - I did, got the same letter!

[Bobity]

hi

 

Just getting things together and a further complications rise.

 

Re service of the SD. I had got the rule down as IR 6.3(2) Requirement to Service (mentioning creditor trying to effect personal service and about how the creditor has to demonstrate he tried to contact etc and only when all this fails, then and only then can they post the SD). Then I looked back at something I'd written awhile back and this says it is CPR PD INSOLV 11.4 Which I looked at and it looks right - but so did the other? Anyone know which I should go with?

[miss muppet]

Hi Bobity,

what I've got is that the SD does not comply with the rules of insolvency in that the demand was served by 1st class mail and not by a process server and then CPR PD INSOLV 11.4 blah blah, then the bit about Barry and this is in contravention of rule 6.2 of the Insolvency Service, if you haven't got the longer version of this, I'll post it up for you tomorrow sometime - don't stress.

[ohitsonlyme]

Do not only focus on the poor service of the demand as after all you have admitted that you have received it!!

IMHO Better to focus on the fact that you put the account into serious dispute as you had not received the agreement and that you believe the agreement is unenforceable and has unfair charges and interest added to it this is exactly what I did and they didnt even turn up

They sent me a similar letter to yours which I ignored and went on to gain my costs

only me

[Bobity]

Thanks both

 

I am working through the points one by one on the witness statement - the delivery of the sd being the first.

Next point is that a statutory notice of default has not been forthcoming. I actualy SARed Egg, and they say they dont have anything that matches my details! Must have destroyed them.

[Bobity]

Better to focus on the fact that you put the account into serious dispute as you had not received the agreement

 

I did receive the agreement, but it was a microfiche barely readable copy, of an Egg agreement from 2000 which I believe are missing a few prescribed terms.

[Bobity]

Got a letter today from CQ saying that they have filed their witness statement and enclose a copy covering letter to the court saying that they can't add anything more to the witness statement, asking to be excused from attending the hearing.

[miss muppet]

Got a letter today from CQ saying that they have filed their witness statement and enclose a copy covering letter to the court saying that they can't add anything more to the witness statement, asking to be excused from attending the hearing.

 

Honestly, what a cheek Bobity, wonder what the Judge would do if you sent in a letter requesting the same, I presume your hearing is imminent? Their costs must be mounting, don't seem very confident do they?

[Bobity]

I am surprised that they haven't withdrawn the SD (if they can do that). I'm hoping it will be easier without them there. Just need to finish off my documents (will probably be posting like mad over the next day or two), and get my costs in now. This time next week I will know one way or the other.

[Bobity]

Does anyone know of any supporting arguments etc against DCAs using SDs as a method of debt collection?

 

And a panic question - have CQ ever taken anyone to bankruptcy if they lost the set aside?

[miss muppet]

Hi Bobity,sorry for the delay been busy last few days - in answer to your panic question, wouldn't think they would because it would cost them big money and they are already trying to limit their costs by asking to be excused from the hearing!

[Bobity]

Been to court today... and Won! The judge told me to sit down, appologised for keeping me waiting, said he'd read everything I'd put on the witness statement and that as the other party weren't there to defend he was granting the set-side. Big thanks to everyone who helped me with this, especially Miss Muppet who practically mentored me through the whole thing! Got costs as well.

Edited October 6, 2011 by Bobity

[ohitsonlyme]

Well Done Bobity!!! It wasnt as scary as people think was it ??

 

onlyme

[cerberusalert]

Thread title updated.

[miss muppet]

Well done Bobity, so pleased to hear you got a switched on Judge who didn't let Crapquest waste his time, proud to be of assistance, don't forget a little something for the site when you get the dosh and don't forget to help other people with the same probs as onlyme has done as well.

[Bobity]

Yes I will definitely make a donation. The judge was really lovely and it wasn't as scary as I thought it would be. Although one fear was that someone would see me going into court! Onlyme, you were right about not focussing on the poor service. After he'd granted the set-aside he did point out to me the very same thing that you did! Anyway, glad this bit is over, waiting to see what they come up with next.

[miss muppet]

Yes I will definitely make a donation. The judge was really lovely and it wasn't as scary as I thought it would be. Although one fear was that someone would see me going into court! Onlyme, you were right about not focussing on the poor service. After he'd granted the set-aside he did point out to me the very same thing that you did! Anyway, glad this bit is over, waiting to see what they come up with next.

 

Hopefully a large cheque - lol!

[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

[Bobity]

Thanks Silver Fox

 

I wrote and complained but it was some time ago, and I got a reply that I didn't understand. I think it is time to write again. Got my cheque. Donation on way.