Setting Aside a Statutory Demand

[42man]

I have revised my post above to say costs/compensation in light of distress

[42man]

Read this - http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html#6

 

Especially the piece entitled -

'The consumer says they are not the person who owes the debt'

[42man]

As a result of you opening up a case with the FOS then the OFT may want to get involved with Capquest and your particular chain of despicable events. I suggest that you have some serious bargaining power here...

[42man]

Been thinking a bit more about this, I would ask Capquest to pay your costs.

 

So for example

 

10 hours of research into insolvency law @ £18 per hour

10 hours of research into consumer credit law @ £18 per hour

Postage

Photocopying

Fuel at 40p per mile

Writing letters at £12 each

 

Send them a request for your costs in light of the work you have done to set aside and the upset this has caused you and your family.....if they fail to agree then open a case with the FOS...(report them to the OFT anyway)

[DonkeyB]

As I posted on your other thread:

 

 

Well, irrespective of actually going to court, you have incurred costs in time. And you want them.

 

Anyway – why should you do their work for them? They have issued an SD without even advising of a further assignment. Are they saying they do not know what they have bought?

 

If I were you, I would head to court and get it set aside anyway, but I’m the hellbitch mother****er monstergit that likes to cause trouble for lying DCAs and debt buyers.

[42man]

Letter to Capquest.

 

Dear Sir/Madam

 

I am in receipt of your recent letter dated XXXXX

 

In light of the previous history of this non existant debt and the fact that receiving your statutory demand has caused myself and my family considerable distress and upset, I now am requesting that you pay my costs and compensation.

 

So far my research and time has cost me (at a rate of £18 per hour) £XXX my postage, letter writing and travel to my nearest post box has cost me £XXX

 

I suggest that as the sum comes to £475, I will accept £400 in compensation. Bearing in mind the circumstance and the fact that I will not accept less, I will await your cheque for the full amount with your final response.

 

If your cheque is not forthcoming within 8 weeks I will open up a case with the Financial Ombudsman Service who will without any shadow of doubt find in my favour.

 

I await your cheque by return

 

Yours faithfully

 

(don't hand sign)

 

If they don't agree and you don't accept and it is their final response then open up a case with the FOS....

[42man]

Send it recorded delivery

[42man]

The OFT made it quite clear that there should be a foolproof trail of previous actions/disputes on debts/alleged debts - so you can be cocksure...

[Joeywasmybudgie]

Thanks 42man - thats really helpful. You too Donkey!

 

Sorry for the delay in replying - I have a small baby I'm trying to juggle along side all of this.

[Floydian]

Exactly, if they are not going to go 'all the way' they should not have started proceedings.

 

Take them to the cleaners, report them to all you can.

[Joeywasmybudgie]

Just to update you all, after many months, we now have a FOS adjudicator looking at the case. We've not heard a dickiebird from Capquest but I know the FOS has been in touch with them as we've had copies of their correspondance.

 

I'm quite looking forward to seeing McKenzie Hall get a good slap for their part in all this, not to mention Capquest.

 

I'll update the thread once I have more news.

 

Thanks again to everyone for their help on this

[coledog]

Hope everything is getting sorted. Muck Hall are long due a good kicking!

 

I just love looking at your Avatar!

[Joeywasmybudgie]

I just love looking at your Avatar!

 

:rofl:The pirate budgie!

[Joeywasmybudgie]

Well chaps - this is spookier than a very spooky thing. After hearing nothing for ages, I arrived home from work yesterday to find a recorded delivery letter from Capquest, apologising and offering £250 compensation.

 

Not sure what to do, accept their offer or leave it up to the Ombudsman to make a ruling?

 

Any thoughts?

 

Thanks

[unclebulgaria67]

See if you can speak to the FOS adjudicator, as you never know it may be getting to decision time. CapQuest may be trying to get you accept a lower amount, which they then present to the FOS, as the amount you were willing to accept, which may be different to the FOS amount.

 

If there is an ongoing complaint, the FOS need to know about this and CapQuest should really have informed them.

[Joeywasmybudgie]

See if you can speak to the FOS adjudicator, as you never know it may be getting to decision time. CapQuest may be trying to get you accept a lower amount, which they then present to the FOS, as the amount you were willing to accept, which may be different to the FOS amount.

 

If there is an ongoing complaint, the FOS need to know about this and CapQuest should really have informed them.

 

Thanks UncleB - I did think that might be the best idea, I'll see what the adjudicator has to say.

[42man]

Joey, firstly well done for seeing this through....I suspect as a result of your diligence in informing all and sundry of what they were up to, then Capquest seem to have stopped issuing stautory demands. If you do decide to accept the compensation then you could also get them to agree to never pursue you in the future under any circumstances whatsoever, and also to clear any adverse data they may have added to your credit files.

[Joeywasmybudgie]

Thanks 42man

 

I have been a bit like a dog with a bone!

 

I'll make sure that they agree to never pursue us again & clean up the credit file.

[42man]

Did you just go to the FOS or did you inform the OFT (if you did you probably got the usual standard response)

[Joeywasmybudgie]

Did you just go to the FOS or did you inform the OFT (if you did you probably got the usual standard response)

 

I told everyone.... FOS, OFT, ICO, Trading Standards re MacKenzie Hall.... pretty much everyone I could think to complain to... I did.

 

See..... dog with a bone

[dx100uk]

£250!! add a zero at least

 

dx

[Joeywasmybudgie]

Thanks dx Whatever happens, we've decided to let the FOS decide.

 

We've sent them a copy of everything so fingers crossed it'll be brought to a conclusion soon enough.

[DonkeyB]

As UncleB has intimated, the issue had already been referred to the FoS, so their making offers at this stage is pointless – it’s not as if there are any Part 36 issues or suchlike.

 

Any offers they make will not affect any decision by the FoS, or any level of compensation awarded, and their making an offer at this stage is, IMHO, no more than mischief. Make sure the FoS has a copy of that offer – write and tell them that, as the complaint is active, you will await their decision and will not contact Cra-p-quest. Your complaint was about more than compensation.

[Joeywasmybudgie]

Indeed Donkey, it certainly is about more than compensation. Clearing up the credit file is important. My husband works on contract basis and has in the past needed to be security cleared, and may again in the future and I'm not sure how a messy credit file would be viewed.