Statutory Demand from CapQuest

[42man]

I have never heard of Capquest taking anybody to petition stage, and out of the many, many Capquest Stat Demand threads there are only a couple where the judge didn't allow the set aside, and even from there they didn't seem to follow through to petition stage.......only you can make the decision to set aside, and whether or not you want to stand up in front of a judge (I have never seen Capquest turn up in court). Even with a full portfolio of statements from the original creditor you can still check that the terms and conditions match to (for example) the interest rates on the loan/credit product (as in Kotecha vx Phoenix). I have never once seen Capquest provide all the relevant paperwork, they aren't usually up for the fight in the Insolvency court (mainly because they are using the Insolvency Service as a debt collection tool (which most judges usually frown upon). If there is more than a hint of a triable issue then a judge will usually set aside or order a full disclosure of all paperwork.....

[Baldyone]

Thank you 42man for getting back to me.

 

Can you confirm a few things for me please, this thing about petition stage, I assumed that CQ had already filled for Bankruptcy and I had 18 days to apply to get this set aside? Is that not the case? If I apply to the court within the 18 day period to have this SD set aside and CQ don't send in a petition within the 21 days for bankruptcy, what happens then ? Do the courts plough on with the case regardless because I have sent in papers to try and have my case set aside?

 

I am a little confused about this process.

 

Also this 18 day deadline, is it 18 days from the date of the SD letter or 18 days from the date I received the letter as from my workings out the 18th day from the date of the letter is a Sunday, although if we assume I received the letter the day after posting than that will be a Monday...I just don't want to get this wrong.

 

Thank you

 

Baldy

[42man]

I'm pretty sure that they haven't filed a petition yet, the petition only comes if the statutory demand hasn't been answered or set aside, HOWEVER they have to prove that they had attempted service on you (which I have NEVER heard Capquest doing), I have never even heard of a stat demand that has actually been served by Capquest, they are using it as an abuse of process, a way of scaring people into paying....the stat demand ONLY goes to you at this stage, it doesn't involve the court from their side. And they can present a petition I think within 3 months (correct me if i'm wrong)....if they don't then they are timed out of serving a petition...and it is 18 days from when you received the demand....Have you read some of the other Capquest threads here ? - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[Baldyone]

Ok, thank you, I have read a few of the other threads along the way and in the main, most of them are either statute barred or have irregularities of some nature or another. Very few that I have seen are simply won on the basis that CQ or other hideous companies have abused the bankruptcy system and have not followed the code of conduct (whatever that is) and issued the default notice or assignment letters or even tried to make contact to simply try and get the debt paid off or work out a repayment plan.

 

To a certain degree, this is my concern that my defence hinges in the main on finding an irregularity with paperwork that they will sending out to me, as well as the fact that they have not followed the proper procedure SD. Also in regard to proving the service of the SD, surely by me putting forward my case for setting aside I do that for CQ ?

 

I am more than happy to stand in front of a Judge to try and defend myself and if I do at least have a fighting chance with the abuse of process as well as lack of information being sent out to me etc then I will crack on, just don't want to be stood there with nothing more than a nervous smile on my face

 

Thank you for all you help so far

 

 

Baldy

[Baldyone]

Hello,

 

Further to my last post #29 would someone be able to respond on this? Also I have trie phoning the number on the SD to speak to Barry Davies, it immediately goes through to their normal answering service where none of the options would be to speak to said Mr Davies. Should I even bother to speak to one of the operatives to try and get throught to him?

 

I will be due to taking in my forms to the courts on Monday with a view to having this SD set aside, I am still extremely nervous about this, it has to be said.

 

Baldy

[Old Cogger]

If I remember rightly no-body ever got hold of him by phone which I believe is against the rules as the contact must be available by phone, set aside yes and you may be able to claim expences I believe , P.M. Andy and ask him to look at yourv thread??

Edited April 27, 2012 by Old Cogger

[42man]

Who is Andy Roach ?......You can put on your defence that you have tried to contact the person named on the demand without success, you can even say that you suspect the person doesn't exist, but it may not be enough of a potential abuse of process for a judge to set aside...

[Baldyone]

Thank you 42man I will include that in the defence, for what its worth. Once I have finished typing it up, is there any way you could have a peek at it, just to make sure I am on the right track?

 

Baldy

[42man]

Sure no problem...

[Baldyone]

The thread that details the case that was lost, including an appeal. What happens next in a case like that, 'uteb' states that there has been no petition forthcoming...what does that mean?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?300010-Capquest-statutory-demand-set-aside-LOST!/page2

 

Thank you

 

Baldy

[42man]

It means they were using the insolvency service as a debt collection tool which is generally frowned upon by the judiciary.....I urge you to send the OFT details of what Capquest are doing....

[Baldyone]

don't worry that is a definite, whether I get this set aside or not I will be getting in touch with OFT, surely they must be snowed under by now with the avalanche of complaints...

 

so in regards to the above case, if CQ didn't petition does that mean that uteb has not been made bankrupt yet ?

 

Baldy