I was served an SD from Crapquest last year. With the help from the fine advice on this forum, I beat it. Crapquest didnt attend court, so it turned out to be a 15 minute chat with the judge then it was set aside. I have not heard anything from Crapquest since. If I can help by doing something else, I will. Im very grateful for the kindness and great advice found here at CAG. It is like an oasis of useful and clever information for people in distress caused by DCA's

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Im having problems with my windows7 work machine so cant add the blank default notice, egg statement or egg account screenshot, but can do this when Im home, no problem

Hi 2 days ago I had my Statutory demand from Capquest set aside, and won £50 in costs. Of course, I am delighted about this Since Capquest responded to my application, I now have more info than ever on my debt with them, and some details from EGG, the original lender. Things I have noted in the evidence Capquest gave me. No Default Notice. They sent a blank template of a Default Notice and it says the Default Notice version, would come into effect in August 2008, 7 years after they said they sent one to me. A screenshot from Egg showing when the DN was issued. 19th September 2001, for £728.70 On the same screenshot on 1st October 2001, an update showing another letter sent Same screenshot, 4th October Workflow stopped, Allocated debt collection agency (This is the 15th day after DN was apparently issued, so not enough time to remedy as 14days+2 for postage is what I should have been given. Also, earlier this year CapQuest sent me an account statement with the last entry on September 12th 2006 saying "Loan written off and balance £0.00" My first payment to Capquest was on August 1st 2006. The statement has come from Egg themselves, passed to me by Capquest On this same statement, it says PPI removed and credited to account £1156.14 on 27th September 2002 I have never recieved a DN for this loan. I had no idea it had defaulted. I thought PPI had kicked in and was paying this for me and I gave this matter less thought as the years went on. So it was a massive surprise to start recieving dozens and dozens of aggressive threatening calls from Capquest mid 2006 asking for the full amount and interest, (over £20,000). I do have a signed copy of the CCA, and this shows I had £2343 worth of PPI on thhe loan. I began making small payments to Capquest, as they broke me down over the course of weeks with phone calls and letters. They promised to freeze interest on the account if I started to pay them. Now I have statements from Capquests records, and they have been adding interest willy nilly between 2006 and 2010. Interest being added 2006 - added over £200 a month, while I was paying £80 a month 2007 - added over £200 while I was paying them £50 a month then nothing until September 2008, when they added £4055.40, which was later taken off once I upped my monthly payments to £100. No more interest or charges were added until I sent Capquest my CCA request in January of this year. Then in one lump sum they added £2691.08 and another £1182 since. In total, more than £5000 pure interest/charges The questions I need help on are : Should I SAR Egg and get my full records from them? (I sent one but as i have changed address since the loan, they rejected it) Should I SAR Capquest and ask for all evidence they have. All calls recorded, all letters sent, all statements made, all emails involving me etc (is there a template that covers absolutely everything they could hold about me?) Is the fact the Egg statement says my loan was written off in 2006 helpful? Some advice about being given a blank Default Notice template would be handy. If the SAR to Egg shows a Termination of Account, something else I have never recieved, would it be invalid due to invalid DN? Therefore, could the amount they say on the Default of £728 be all I have to pay? Can I claim any of the £2870.20 I have paid to Capquest back, if the debt was illegally passed to them, or illegally handled in any way, such as no DN, no Termination. If so, could the £728 be paid to Egg as everything after they mucked up the DN has to be invalid. If anyone can help, that would be appreciated. Im happy they cant try to Statutrory Demand me again, but I want this matter closed fully and finally. Im willing to put in the donkey work to close this matter out.

Cheers. No, never met Barry Davies. Although there was another hearing there, involving a Mr.Davies. When I told the usher I was there, a guy done the same after me, and said im Mr.Davies. I almost dropped on the spot, but turns out he was a ageing hermit type bloke with huge beard, so figured I was safe it wasnt capquests barry davies. Setting Aside the stat demand doesnt mean the debt has gone does it? I can now start to work using the correct forms etc, on clearing it via other means....

Hi All I had the hearing today. The judge was quite grumpy, asked why I had paid £2000+ since 2006 if I did not know how much I owed. I had prepared as well as I could. Capquest didnt turn up, which helped. I showed a letter showing the loan had been written off in September 2006, one month after I started paying Capquest. She ruled in my favour, set aside the Stat Demand and awarded me costs. I asked for £300+ costs, including 22 hours worth of research etc on fine forums like CAG, but she only awarded me £50. Still, I am a very happy man. Can anyone tell me what this means for this debt and my relationship with Capquest? What happens next? I will donate half my costs when I get paid, as I think that may be sooner than when Capquest pay me the £50 costs. Thanks so much to all who have helped me get this far - GET IN THERE!!!!!!!! )))

ok. costs submitted. £300+ On one hand, im not looking forward to tomorrow, attending court and representing myself seems daunting, but on the other hand Ive spent so long on here and other helpful forums learning what to do, and what to look for that I am looking forward to be able to get all this off my chest in front of a judge. I will update this thread after to say how it went, if it is set aside and if I am awarded costs, I will definitely stick to my pledge to donate money to this site, it is invaluable for the little person fighting these dirty great DCA companies. Fingers crossed, its fight time!

Hi I have court on Tuesday, so 4 days to prepare and generate a costs sheet. Yesterday I received Capquests response to my statutory declaration. It contained A cover letter explaining that if I accept I have not provided any evidence and that my application will fail I can forget going to court if I enter in some dialogue with them to start paying them again Kindly, they have said I do not need to pay it all at once (£24,000+) but I can make the same payments I used to A witness statement from someone at Capquest, NOT Barry Davies who sent the original Statutory Deman A letter saying they have nothign further to add, so will not be attending court on Tuesday This witness statements argues the points in my application to set aside, which is higher up in this thread I applied that the Stat Demand was not served properly, and they have said by writing is fine as me responding to them means I had got it Point 2 relates to me not being able to speak to Barry Davies. They said I only tried twice (I think I can get itemised bill to show the 4 times I mentioned in my application. They say Mr Davies cannot be there all day every day to speak to people about Stat Demands and that his team are qualified to do so The next point they say sorry for putting in the wrong court, but they dont think it is a big thing as it has not deprived me of my right to apply to set aside This one is interesting. They say Egg cannot provide the original default notice (as i never got one) and that instead they have given a blank template as it would have looked like, with no details on it at all (this seems crazy to me?!?!) On the same point about default notice, egg say all the right points would have been on the form, so the court should accept that a correct one was sent The next point is why not Notice of assignment was provided. They have put a copy of this in, and are unsure why i dont have it, as returned mail is filed away They say I have not disputed the debt previously, and have made several thousands of pounds payments to them until I stopped paying in January this year They conclude that there are no groudns for setting aside, i should prove the debt is disputed, not them to prove I owe it. they say I have sworn an affidavit that seems not to be true I note that the blank template Egg have sent says on the top this document will become live in mid 2008, so about 7 years after they said they sent me it. I dont think this document existed then On the back of the papers they have given me, is 5 pages of statements, money type. showing what I had paid over the years. The interest they have applied seems different every year, totally £9,000+. One year they didnt add any, other years £4000, other years it shows £200 a month, and almost £3000 within weeks of me stopping payments in january. can they do this? it seems to show they just aded what they wanted to my debt. I seem to remember when reading this forum the interest had to be consistent with the original loan details I am a little worried, mainly due to all this year this has been hanging over me, I have a baby now, 8 weeks old, and I cant stomach being forced to pay these people tens of thousands, half of whic is interest, over a badly sold loan, naff ppi, blank default notices, letters saying my interest will be frozen and was not, random interest being applied. I know this is probably a long post, but can one of the fine mods here give me some pointers? I know I need to prepare costs and give them in on monday, ready for tuesday. I want to end this

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got a letter from capquest today legal dept. saying i havent been in contact since being sent the statutory demand, i havent applied to have it set aside and i have one final chance to pay them or they will bankrupt me. i feel happy knowing i have a date for my set aside application, at a different court to the one they told me to go to. does this kind of incompetence help me in any way?

got a court date in november. doesnt say how long its due to last. is there anywhere i can look this up?

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i mean, should i have discussed it with him, or just wait for a court date and have it out then?