Served with Statutory Demand by CapQuest, would appreciate some help.

[42man]

So they haven't put the closest court to you that handle BR's ? I think you might like to mention that in your 6.5

 

The defendant notes that in the demand, the claimant has indicated XXXXX county court as being the closest to the defendants address The defendant avers that the claimant has abused the process by naming the incorrect court on the demand.

 

I don't think it will be a show stopper. But worth mentioning.

[BRIGADIER2JCS]

You are entitled to have the case heard at the nearest CC to you,

usually this is done when the defence is filed as a routine action.

 

brig.

[NorthernQuarter]

Thank you have added that too.

 

Nearly done now, is this line correct on the 6.5 form 'the statutory demand exhibited hereto and marked “A” came into my hands'. Should i be replacing 'A' with something?

Kind Regards

NQ

[miss muppet]

Hi NQ,

 

Nope, form should read Witness Statement in Support of Application to Set Aside-Statutory Demand

then a) You will have inserted your name and address:-

 

then it says state as follows:

(b) Insert date 1) That on ?? date the SD exhibited hereto and marked A came into my hands (You can then mark the SD with a large A) as its an exhibit - Ok? Hope thats what you meant?

 

 

Then you go on to 2 that I © believe that the statutory demand does not comply with the rules of insolvency etc etc.

[NorthernQuarter]

Hello everyone,

 

I've received a reply from CapQuest in terms of the thats left me slightly baffled. In terms of my request under CPR 31.14 they state.

 

It appears that you may not understand the nature of the statutory demand. It is not a statement of case in court proceedings. It is a form prescribed by the Insolvency Rules 1986. As such CPR 31.14 is not applicable.

 

You state that it is your intention to contest what you describe as the claim. The court has a power to set aside a statutory demand if it is satisfied that you are able to show that the debt is disputed upon grounds which it might regard as substantial. It is for you to provide evidence of that dispute which you do not do in your letter.

 

An application to set aside a statutory demand should be issued within twenty one days of the date of service of the demand. As this gives you a fairly short period following receipt of this letter we are willing to assist you so that you may seek legal advice should you see fit. We are prepared to withdraw the SD and agree not to present a petition for bankruptcy based on your failure to comply with it. This will allow you a period of time to obtain legal advice should you choose to do so and let us know the reasons why you appear to contest the debt. We ask that you should respond to this letter within 21 days.

 

Our agreement to withdraw the SD is made purely so as to allow you time in which to deal with this matter and with view to avoid unnecessary use of the courts time. It in no way reflects on our view that the debt is due and owing. We are willing to investigate your reasons for disputing liability for the debt in accordance with Practice Direction on Pre-Action Conduct but if you do not provide us with such reasons or if we determine that any dispute you raise is not valid then a further demand may be served upon you or else a County Court claim may be issued.

 

This has really confused me as I thought it was up to them to now prove that I owe the debt, not for me to prove I don't. I've already filed the forms with the court to defend on this, and they know fine well as I've wrote them numerous letters on why I don't acknowledge the debt. Have they realised they probably wouldn't have won and therefore withdrawn the SD only to serve another one now knowing my defence from the first. Is any of what they have said accurate, should I not have sent in a request under CPR 31.14 in terms of the SD?

 

I appreciate your kind time and help

 

NQ

[postggj]

without going through the thread

 

did you send a cpr 31.14 and if so

 

why

 

all that was needed was the 6.4 and 6.5

[BRIGADIER2JCS]

No exactly the opposite, you

must give your reasons for

the SD to be set aside.

The SD is not issued by the court

but by the creditor, if you fail to

get it set aside then they can petition

for bankruptcy.

A point how was the SD served on you,post, in person

by a process server,courier into your hand

and signed for???

[42man]

What you MUST do first is send that to the OFT.....what they are saying effectively is that if you go to court you will get it set aside as they can't provide all the paperwork - but still want to use the Insolvency service as a debt collection tool....(which the judiciary frown upon and on which the OFT took action against another DCA back in 2009 for doing EXACTLY the same thing....

 

willing to assist you so that you may seek legal advice should you see fit. - This is a complete NO NO by the OFT and utterly misleading

 

This will allow you a period of time to obtain legal advice - That's funny they said above that they are willing to assist you ??

 

Our agreement to withdraw the SD is made purely so as to allow you time in which to deal with this matter and with view to avoid unnecessary use of the courts time. It in no way reflects on our view that the debt is due and owing. We are willing to investigate your reasons for disputing liability for the debt in accordance with Practice Direction on Pre-Action Conduct - Which offically means we are worried that you will get your costs, you seem to be a bit more savvy than some people, and despite us frightening the life out of people creating the impression that we are going to make you bankrupt by sending you a bona fide court document (which is NEVER served properly by Capquest)...we don't actually want to turn up in court as you are likely to win and then we won't have a chance of getting anything then....however if we send you this letter and you still don't get it set aside then we may still take it down the county court route instead....

 

Unbelievable...

[42man]

unnecessary use of the courts time - Then why are you sending out statutory demands as debt collection tools in the first place IDIOTS

[42man]

Carry on as usual....

[42man]

By the way your costs have to be in the court at least 24 hours before the hearing - good link here for you - http://www.consumeractiongroup.co.uk/forum/showthread.php?211818#post2337865

[NorthernQuarter]

No exactly the opposite, you

must give your reasons for

the SD to be set aside.

The SD is not issued by the court

but by the creditor, if you fail to

get it set aside then they can petition

for bankruptcy.

A point how was the SD served on you,post, in person

by a process server,courier into your hand

and signed for???

 

 

It was sent just by normal post, not signed for or anything.

 

Kind regards

 

NQ

[42man]

Postggj...I am recommending it as 2 recent cases of non compliance with the Civil Procedure Rules have enabled 2 (stat demand) cases to be thrown out.....

[NorthernQuarter]

without going through the thread

 

did you send a cpr 31.14 and if so

 

why

 

all that was needed was the 6.4 and 6.5

 

Yes I did as I was recommended to do that on here as well as being helped to fill in the 6.4 and 6.5 forms which I sent back to the court recorded. The court then refiled them at my closest court stating that CapQuest was mistaken to file at the court they chose.

 

Am I not entitled to send them the CPR 31.14, I was on the understanding I had to show willingness to gather all the information I could in terms of my defence.

 

Kind Regards

 

NQ

[postggj]

thanks 42man

 

this is a piece of legislation i am unaware of

as you know, ive done quite a few 6.4 and 6.5

 

i just need to get this straight and confirmation would be great under cpr or case law

 

does the cpr 31.14 legislation come under bankrupcy petitions

 

this will be another arrow in my quiver if confirmed

[miss muppet]

thanks 42man

 

this is a piece of legislation i am unaware of

as you know, ive done quite a few 6.4 and 6.5

 

i just need to get this straight and confirmation would be great under cpr or case law

 

does the cpr 31.14 legislation come under bankrupcy petitions

 

this will be another arrow in my quiver if confirmed

 

In my daughter's case postggj it was the CPR 18 requested before they issued the SD which did the damage as far as the Judge was concerned as they had replied to this with a demand for £10 to cover SAR!!

[NorthernQuarter]

Carry on as usual....

 

 

Thank you 42man for all your help and advice.

 

Should I reply to Capquest.

 

What happens now with the SD, will they have withdrawn through the court. I only got a letter from the court 2 days ago saying that my application will not be given a hearing date immediately. It will be referred to the district judge.

 

Kind Regards

 

NQ

[postggj]

wait for 42man reply but in your case i would go to the court and have it set aside with full costs

 

this is usual for crappyquest when you apply to have it set aside

 

its about time the oft put a stop to this abuse of process

[42man]

CPR's are only normally for use in the Civil Courts, but I believe that some judges will rule against non production of documentation on the back of the Civil Procedure Rules....again it shows you have made every effort to get documentation as a SAR takes 40 days....

[42man]

It won't be withdrawn, you stand your corner, I have only heard on one occasion where a stat demand was set aside by letter to each party from the judge....

[BRIGADIER2JCS]

Never try for set aside if you cannot

appear in person, advice from a QC colleague

of mine.

[NorthernQuarter]

OK so I will be still called to a hearing regardless of this letter from CapQuest, that suits me fine, I've organised my files into date order in terms of all letters to and forth and I think I can back up what I stated in the Witness Statement, so wouldn't dream of not going to the hearing when called. Should i send a letter to capQuest at all or just ignore them for the first time?

 

Kind Regards

 

NQ

[gezwee]

thanks 42man

 

this is a piece of legislation i am unaware of

as you know, ive done quite a few 6.4 and 6.5

 

i just need to get this straight and confirmation would be great under cpr or case law

 

does the cpr 31.14 legislation come under bankrupcy petitions

 

this will be another arrow in my quiver if confirmed

 

Hi Post

 

Not sure if I'm reading it correctly but this appears to show compatability of CPR 18 & 31 with insolvency rules 7.60 & 9.2, page 133 of the link below

 

http://www.legislation.gov.uk/uksi/2010/686/pdfs/uksi_20100686_en.pdf

 

 

Gez

[postggj]

many thanks

 

ill have a nose

[NorthernQuarter]

I've just a letter from the court with a hearing date for this month, it says Capquest and I need to file something by specific dates, does anyone know what I need to do now. Is there a form I fill out?