Capquest sending Statutory Demand..help please -**SD set aside**

[42man]

You must get your costs....you need to strengthen your resolve and show the judge how angry and distressed you obviously are at receiving a frivolous demand especially so as the OFT warned another debt collection agency about this practice over a year ago - this is a warning to other debt collection agencies to comply or get a slap, Capquest obviously don't want to comply...using a stat demand as a debt collection tool is an abuse of the Insolvency service...especially so as they can't obviously be bothered to attempt personal service on you... - OFT imposes requirements on 1st Credit over debt collection practices - The Office of Fair Trading Show this to the judge if need be....Don't be a soft target....

[42man]

You are absolutely right not to trust them....if they can't read a compliance order against another debt collection agency for exactly the same tactic, then they deserve all they get...

[jayne123]

I am a bit concerned as have not heard from CQ since applying to set aside nd reading previous threads it seems that in a lot of cases they respond by mail? Have my form here for costs which I will be taking to the court tomorrow to comply woth the 24 hour before ruling

[shedder101]

you will they have to send you a copies of there statement it will come a day or two before court if you havent had it just tell the judge another mark against them

 

as for the cost issue

 

i did ask for costs quite vigorously but if the judge says no thats it what else can you do

[jellybabe]

Thanks harrassed senior. I will keep on trying.

 

And thanks everyone else.

[jayne123]

well court tomorrow for set aside against capquest. I have heard nothing from them. Do I need to submit costs today or take them with me to court? many thanks

[shedder101]

you should submit the costs today

[jayne123]

I will take them in this morning or do you know if emailing them is allowed? sorry to ask so many questions

[shedder101]

i took mine, i do believe you can fax it into them but i dont know about email sorry

[jayne123]

I will get them in an envelope and drop them off then. Can I ask what else you took on the day please?

[shedder101]

just that, and a late witness statement from UK26

 

but that was due to BD comments, as you havent had them or they might come today i wouldnt worry just put in you costs and see them tomorrow

[jayne123]

I have included travel, day missed from work and 20 hours work on case including swearing affridavit total 281 does this seem a reasonable amount to apply for and have I missed anything off!!

[jayne123]

what if I dont hear from Capquest? I am panicking now even though the debt is 10 years old and I know I have paid nothing for at least 8 years that they have something on me and may turn up - which I know never happens!! think I am just getting jittery now!

[shedder101]

no thats fine

 

dont worry honest if they dont contact you they have to respond to the court,

 

the court will be on your side as your not a trained person and will show you what they sent, you will find its lost in the post to you or even the court,

 

honest i felt like you on monday and it was very painless and the help from everyone here was brill

 

if you read other threads about SD you see all the ones going to court win if they throw it out they get a letter from the court saying why so if your going i would recon your 90% there

[jayne123]

thank you, it is so mind boggling!! going to do my cost sheet now - have rough copy so will type up and take finished one and wait for the post see if they respond! watch this space!

[shedder101]

good luck for tomorrow

 

i think you will be all smiles

[jayne123]

oh and how long were you actually in the court for?

[debt4get]

jayne are you defending on the grounds that the debt is well and truly statute barred..as you say it is 10 year old debt? cos if it is you will win..statute barred is an absolute defence in court

[jayne123]

yes the debt was originated in 2000 and I married in 2003 and trhey dont even have my married name on paperwork

[debt4get]

then i wouldnt worry its game over for them...you have an absolute defence in law end of....have a nice day...

[shedder101]

i was in court for 10 mins

[jayne123]

ok have rung court and can email costs over then thats me done till tomorrow!! many thanks for all the help and will be on to let you know how it goes

[jayne123]

postman just been and nothing from capquest!

[MONX]

Hi Jellybabe

 

Harrassed Senior has supplied you with the link to the set aside forms you need to complete. Once you have done that its finding your local court to swear in your affidavit (you can do that here: Her Majesty's Courts Service - Court Information and Addresses_) and set the ball rolling in getting a SD hearing date. Thats when you can sit down and digest all the other SD threads on here and get a good idea of what is next.

 

Most of the time, from my observations, once the dca involved recieves the court date, they realise that you are going to fight it. They already know that the debt is in dispute and therefore that in itself is a reason for the SD to be set aside.

 

At this point you normally get a letter saying that they dont intend attending court and that they will allow the sd to be set aside! Some people leave it at this, however if you dont get it set aside the DCA can still petition to make you bankcrupt within 14 months. It is best to get it set aside. Another trick is for the DCA to turn up out of the blue when they realise you are asking for costs in order to defend themselves so in my opinion it is always worth setting it aside and going for the jugular!

 

You then need to think about costs. If they hadnt sent you the SD you would not have been forced to get it set aside and do all the donkey work of investigating your rights, researching how do defend yourself, attend court etc etc.

 

Unfortunately only a small amount of people have found CAG, all the others will have contacted the DCA and made offers of payment. This is lucrative because it scares people, this is the reason they are sending them out like confetti. I believe for every one who gets their SD set aside there must be hundreds who just pay up.

 

I know saying dont worry is very easy to say, I was a nervous wreck the day I got my SD and I cried myself to sleep that night...i did a google search and found CAG, I was assured straight away that after a bit of work and research on my part that I could make this go away and get my life back.

 

As a result, the SD was set aside, the DCA was ordered to pay me costs and for the first time in my life I could open a savings account. Two years later I am debt free, I have a clean credit file and I can honestly say that it is down to the support and advice found here.

 

Even in the worst case scenario the SD will be set aside and the judge doesnt award you costs, you still have the knowledge that they cannot petition for that debt again and unless they come up with the CCA, notice of assignment etc they cannot enforce it.

[jellybabe]

Hi Monx,

Thank you for all your help.

Sorry for late reply, i am on nights at the moment.

 

I will try and have a look at those forms later and see what i will have to fill in. I haven't got a clue to be honest. This is all so confusing and scary.

Is there any templates that could assist me?

 

Well done on winning your case and looking at wheren you are now, it was well worth the hassle.

 

I wished i can be debt free at some point, my credit file is horrendous. But i'm sure i will get there at some point in my life.

 

I haven't managed to get hold of Mr Davies yet, and noted down the times and Dates when i tried so far.

 

Not sure where it is gone, i will keep looking for it, but at the moment i can't find teh application form they've sent me after i CCA'd Shop Direct ages ago. Would it be best to CCA Shop Direct and Capquest again, just in case??

 

Anyway, thanks for everyone's great advice, it is very much appreciated.

xx