Help with set aside form wordings

[Malagut1]

Hello lovely helpful people,

 

Apologies for asking this question again but have combed my way through the various links and cannot really find the info I think I need for my circumstance.

 

Received a Statutory Bankruptcy letter from Crapquest on 29.10, have sent CCA and received 'account on hold for 28 days' letter from Craquest yesterday.

 

Need to get the set aside forms into my local court by next Tuesday and would really like to get this sorted before the weekend to save me worrying about it.

 

Thing is, I can only base my reasons for the set aside on the fact that I have no knowledge of the alleged credit card debt (Egg, £753) that Crapquest are talking about. Also, the stat demand was sent by post (first class) not delivered in person and the demand is the only letter I received.

 

Also, seeing as I only sent the CCA to them on 31.10 I can't really state on the forms that they've not provided me the details of the debt as they still have plenty of time (not sure if this is correct or not?)

 

Does anyone have any specific wordings I could use?

 

Many many thanks in advance

 

Malagut1:)

[PGH7447]

Have you contacted Egg if you do not know what they are talking about, seems to me that if a DCA approached me about a debt that I had no knowledge of I would be on the phone to the OC staright away

[42man]

The defendant totally disputes the alleged debt.

 

The defendant has NEVER had an account with the claimed alleged creditor

 

The alleged creditor has not supplied any credit agreement despite my official request under the Consumer Credit Act 1974 (see attached document labelled XX - then attach a copy of the letter + copy of the rec delivery slip)

 

The alleged creditor has not supplied any default notice in the prescribed form.

 

The alleged creditor has not supplied any statements for the duration of the contract.

 

This is the first time the alleged creditor has established any sort of contact with me, I believe this demand is completely unfounded and without cause, and I believe the alleged creditor has made no effort whatsoever to establish that I am indebted to either them or their alleged original creditor.

 

This I believe is a total abuse of the Insolvency service as this is the first contact that has been made with me.

 

I request that the judge dismisses this frivolous demand and gracefully request that it is ordered that my costs are paid by the alleged creditor

 

As a lone parent/low income family with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt.

 

You need to submit your costs to the court 24 hours before the hearing....you can claim £9.25 per hour as LITIGANT IN PERSON COSTS (head the costs sheet of paper with this)

 

Then as an example 10 hours of research into the Consumer Credit Act 1974 @ £9.25 per hour

10 hours of research into Insolvency Law @ £9.25 per hour

Parking

Mileage (claim at 40p per mile)....

 

If need be there is a good costs sheet you can use here (courtesy of Surfaceagentx20) but change the title to read LITIGANT IN PERSON COSTS

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/156641-capquest-statutory-demand-help-4.html#post1765170

[Malagut1]

42 man - thank you so much for helping me out yet again!

 

Hopefully my next post will be to report that SD has been set aside and not to ask any more pesky questions lol.

 

Thanks again!

[42man]

Keep us posted if you get a hearing date.....