£20000+ CapQuest Statutory Demand - Help to set aside

[jackflashskunk]

Hi

 

I started another thread a month or two ago about regular hassles with Capquest. I received advice and applied it. I asked for CCA, they didnt supply it in time, so I sent a 2nd letter. Months after this second letter, I did receive a CCA from them. I must say this orignated from an Egg Loan in 2001. I am starting this thread purely to deal with the SD I have received recently.

 

Originally, capquest contacted me very aggresively by telephone in 2006. I gave in due to the extreme nature and content of the telephone calls. I began paying monthly amounts to them. They definitely said to me the interest will be frozen. Between mid 2006 and december 2009 I paid them a few thousand pounds, but I received a statement of accounts from them last year and it showed each year the debt had risen £2000+ due to interest still being applied. I have not paid anything to Capquest this year.

 

I found this forum in January and sent off the CCA letter, no CCA provided within the time limits so I sent the 2nd letter. Then, months later, I did receive a CCA from them.

 

The CCA I have now has on it the original loan amount, Payment Protection Insurance amount and 2 figures for interest rate (Interest Rate and APR. both are different). I am not sure how to work out if they then have the correct total. The figures are £15000 loan, £2343 PPI totalling £17343. With Interest at 9.51% and APR at 9.90% does the total amount of 60 payments at £364.35 sound correct? These monthly payments total £21861.

 

I received a Statutory Demand on 5th August, delivered by post, with no signature required. It is from Barry Davis, Capquest. I have tried to call him to speak to him, but did not get to speak to him personally, just the operator in their call centre who says he is qualified to speak to me. I refuse this request and continue to ask for Barry Davis. I will keep trying to call and speak only to him. The statutory demand is for more than £23000 of which £9000+ is interest.

 

I have been reading numerous similar experiences on here and several successful cases against lots of DCA's. I have downloaded forms 6.4 and 6.5 and would like some help completing them. I have found out where my local court that deals with these issues is, and once I have completed the forms, I will submit them.

 

I have also sent an SAR to Egg, including a £10 postal order, as I have never received a Default Notice or Termination notice.

 

I have some questions and would be delighted if some experienced cagger would be able to help answer

• Is the fact I cannot speak to Barry Davis enough grounds to set aside? I can prove via phone bills I made the calls
  
• Can I inculde the fact I have never recieved a Default Notice or Termination in the reasons for the set aside
  
• Are the payments totalling £21861 correct
  
• Can CapQuest continue to charge me interest?
  
• Should I send a letter to Capquest demanding they stop harrassment by telephone?
  
• Is the CCA enforceable?
  
• Should I send a letter to CapQuest asking for absolutely everything they have in relation to me, my debt, trnascripts of all calls etc, as I have seen a letter template on here for this?
  
• What happens if I am successful in getting this demand set aside?
  
• What happens if I am not successful?
  
• Am I missing any vital points or not doing something very important?
  

I have my first baby due in 4 weeks and this is causing me extreme stress. I still receive many phone calls a day from CapQuest, I cant sleep properly and need to get this resolved.

 

Advice would be very welcome. I have the CCA Capquest sent me and a few other letters, including a statement from Egg showing the debt was written off.

 

All help will be gratefully accepted and time is of the essence. The SD was recieved on 5th August.

 

Thanks

[Guest]

bump

 

for a start see this for eg http://www.insolvencyhelpline.co.uk/legal_issues_explained/statutory_demand.php#ProcedureSetAside

[mandyjayne]

Jackflash...

 

Someone will be along shortly to assist you...i will try and flag up some help for you...we cant have you 4 weeks away from having a baby and getting no sleep!!! All because of Capquest.....dont worry this will be set aside.

 

sleep well

 

MJ

[debbbbsy]

I received a Statutory Demand on 5th August, delivered by post, with no

signature

required. It is from Barry Davis, Capquest. I have tried to call him to speak to him, but did not get to speak to him personally, just the operator in their call centre who says he is qualified to speak to me. I refuse this request and continue to ask for Barry Davis. I will keep trying to call and speak only to him. The statutory demand is for more than £23000 of which £9000+ is interest.

 

DO NOT PHONE THESE PEOPLE. From now on only communicate in writing. Send everything recorded delivery & keep copies.

 

Do they have a CCJ against you for this account ?

1. If they have judgment against you, unless the agreement includes a Post Judgment Interest Clause. They have to freeze the account.

2. If they don't have a CCJ yet. But are threatening legal action. Use CPR 31.14, a formal request for documents they will rely upon to take this claim to court:-

The Default notice from the OC.

The Notice of Assignment .

The Deed of Assignment.

Statements.

And any other documents that you consider relevant to defend this claim.

 

Debs

[jackflashskunk]

Hi Debs

 

Thanks for your input. There is no CCJ against me for this account. I have never seen a default notice or the assignment details. I did receive one statement from them last year, and that showed despite me making regular payments, the total of the debt was still going up and up, almost £200 a month! I will search for more info on CPR 31.14 and follow that as well.

 

I do think I urgently need to prepare and apply to have this set aside as i do not want this to go to full bankruptcy and losing everything to these charlatans.

 

Cheers again

[saintly_1]

Have you got the forms for the SD set aside ? if not you can get them from here http://www.insolvency.gov.uk/forms/englandwalesforms.htm 6.4 and 6.5

[jackflashskunk]

yes thanks, got the forms. could use a bit of help filling them in tho. i guess on the application form i put my name dates and people involved and on the affidavit the details of why i am applying to have this set aside?

[Hardupnotfedup]

Type in Capquest statutory demand into search bar, have a read and you will find all the help you need to fill in the set aside forms, you have enough to have this set aside and possible costs to be awarded to you

[jackflashskunk]

hi

 

as an update for this thread. my statutory demand letter from capquest was dated 2nd august, arrived 5th august. from reading all the threads on here i have 18days from the day it arrived, so i think 23rd august. I have filled in the forms 6.4 and 6.5

 

can anyone help me as so far all i have to go on is the fact i have tried to speak to barry davis at capquest but not been able to. i have read dozens of threads on here where other users have gotten great advice particular to their cases but it is all blurring into 1 for me. I really could use an expert eye to cast it over the documents i have been sent, the documents i am preparing. I am sure they have just made up half the numbers provided, they have ripped me off for years with interest, it is a debt that will never go away as no matter what i can afford to pay, it goes up and up and up.

 

i know this is a very serious matter. my OH doesnt know about any of this as she is expecting in less than 4 weeks. She knew about the cca request i sent them, and the fact they didnt supply it in the timeframe, , also knew about the 2nd letter i sent them about not supplying the cca in 12+2+30, so thinks that ended the matter.

 

I will be able to upload the documents i have tomorrow from work, please can i get some help in looking over exactly which points i should be making to the court, to set aside

 

btw, capquest are still phoning me at least 4 or 5 times a day, leave some weird automated message about trying to contact me later. should i send them the phone harrassment letter i have seen on here?

 

getting desperate now

[jackflashskunk]

hi

 

another couple of points on this issue

 

 

 

on the sd they sent me, it mentioned croydon court. i have left this form at home today but i have checked my local court that handles these cases is Kingston. Can i also mention this as an abuse of process when filing my set aside forms?

 

on form 6.4 - do i complete the blanks in pen, or try to type over the pdf i have downloaded from this site? does anyone have an example of a completed set aside form, this will help me immensley.

 

Do i start the writing on the affidavit form with point 8 (Say that the Demand does not comply with the Insolvency Rules in that...." i cannot speak to the named person who served me it and the following points?

 

Is the fact i cannot speak to Barry Davis enough on its own to have this set aside? Should I actualy detail all the days/times i tried to speak to him and put details of the chats I had with various operators on there?

Shall I also put on the fact that I am awaiting all my details from the sar i sent egg?

Is the fact I have not received a notice or deed of assignment worth mentioning?

Is the fact I have never recieved a default notice or termination notice worth putting on the affidavit?

 

Thanks if someone in the know can pick up on this and advise me

 

 

should i really apply for costs? i would love to see capquest pay up, but to be honest, i just want their harrassment to stop. are the costs for my day in court, loss of wages, money for the sar to egg, telephone calls, time spent prpearing my set aside forms?

[jackflashskunk]

have tried to speak to barry davis again today. informed he is on annual leave. how many times do i need to try and contact him before using it as a reason to set aside?

[jackflashskunk]

how does this look to the experts on here? im trying all i can to find the answers out myself as time is running out, but an experts eye on these really would be appreciated

 

On the affidavit for reason to set aside i write :

 

1. Any amount stated as owing would be disputed due to unlawful and excessive charges levied on the account

2. I have not received any Default Notice for this account. The serving of a Default Notice before any legal action is taken is a requirement under the Consumer Credit Act

3. The contact person listed on the statutory demand, Barry Davis, is unavailable for contact. This makes the statutory demand unenforceable. I have attempted to contact Mr Davis personally 3 times and have not managed to do so.

4. Perfection of the assignment.

 

4.1. I have never received a notice of assignment according in all respects with s136 of the Law of Property Act 1925

 

4.2 I respectfully submit to the court that steps to ensure service of a notice of assignment are only adequate if the requirements of s196 of the law of property act 1925 are complied with regard to either (a) personal service or (b) postal service.

 

4.3 Since the claimant explicitly states the notice was “served” it is assumed that this was done via the postal service.

 

The requirements for service via the post are

 

Law Of Property Act (1925) s196

.

Regulations respecting notices.

 

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned by the postal operator (within the meaning of the Postal Services Act 2000) concerned undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

 

4.2 - It is noted that the claimant has, at no time, provided evidence that the notice of assignment was sent via registered post, and if “sent” via any other method, the notice was not sufficiently served

 

4.3 -. I did not receive any notice of assignment in the format prescribed by law and served in the prescribed manner from the respondent, and I have asked the other members of my family if they signed for such a document; they have assured me that they did not.

 

4.4 - To the best of my knowledge, any notice of assignment sent by registered post must, therefore have been returned to the respondent.

 

4.5 - Consequently, I do not believe that any notice of assignment was properly served upon me at the date of the demand, and therefore any assignment has not been perfected in law.

 

5. The alleged creditor has provided no deed of assignment for the debt

 

I request the judge dismisses this claim. I also request the judge order the alleged creditor to pay my costs as litigant in person, and in light of the upset and inconvenience this has caused myself and my family, I would also order the judge to make an indemnity award in my favour. I refer to.

 

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. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

6. The Statutory Demand issued was registered with Croydon County Court whereas my nearest Court that processes Insolvency cases is Kignston Upon Thames. I beleive this is an abuse of process.

 

I would also like to prepare a decent schedule of costs and get these animals to hopefully pay up if i do manage to get this set aside. I have spent hour after hour trawling the web to learn about these legal processes, can anyone help with this, although i know i do not need to present the SoC until the day before the hearing, if I get that far.

[mandyjayne]

bump

[gezwee]

Have a look here...... http://www.consumeractiongroup.co.uk/forum/showthread.php?219589-MBNA-are-trying-to-make-me-bankrupt

 

Should have everything you need for completing forms

 

Gez

[jackflashskunk]

Hi

 

Is it worth me scanning the actual sd capquest sent me? it must have been first class post, i didnt keep the envelope, as the sd is dated 4th august, i received it on the 5th. it does mention a courth quite a bit further away than my local one that handles these and also was precluded by a letter 2 days before, making me an offer to pay almost £15000 to end the debt. i cant afford such a ridiculous amount. the number given is 10p a mnute to talk to them and i cant get hold of barry bleedin davies when i do call

 

anyone up late that can help?ive been at this all day

[jackflashskunk]

bumpage

[jackflashskunk]

ok. this attachment is the first letter i recieved, on 4th august. it is dated 2nd august and basically told me of capquests intentions to serve me a statutory demand which will be completed on or around 13th august 2010. it also has an offer of payment, which is more than £12,000 to pay it off once and for all. the offer expired on 13th august. what i dont understand is, how they sent me the statutory demand on the 4th august and it arrives on the 5th, how did that give me a chance to consider their offer, not that i could afford such a massive amount anyway. Once their form was in, not at my local court either, the ball is rolling i guess. can someoen tell me if they have acted properly?

 

thanks

first_letter.pdf

[jackflashskunk]

bump bump bumpin it up there!

[mandyjayne]

Jackflash....im feelin for you here, i will try and give you some pointers with this, as i have been through the same!

 

I have been trying to copy a link to my thread in the legal successes...but cant do it...the format of the forums has changed over the last couple of weeks and i cannot work out how its done now!

 

What you have done so far is good...my SD hearing was at Croydon and that was my nearest...but its not for you, so that is classed as an abuse of process...also it was sent via royal mail...it should have been hand delivered.

 

You also cannot speak to Barry Davies and you never will!

 

If you get desperate with this, hit the little black triangle in the bottom left hand corner of your post, leave a help me message and site team will step in.

 

Also pm 42man (site team)...he is an ace at getting these set aside...he took me through mine step by step.

 

Click onto my name and then all threads started by me and you will see Egg/Barclays/lowell SD read from about page 3 and its all on there, what you put on the 6.4 & 5 and the defence i used.

 

Hope these bits help, i will be back later.

 

Any questions please ask

 

MJ

[jackflashskunk]

hi, i have left a pm for 42man, i think i have read ur set asides, ive gone through so many hours worth of reading on here. it gives me hope seeing so many success stories, i just hope i end up being one of them

[jackflashskunk]

tried to speak to barry davies again, no joy. is 3 times of trying to speak to him and not getting through enough?

[jackflashskunk]

bump

[mandyjayne]

bump

[jackflashskunk]

bump - time running out. really could use an expert eye to see if what im doing is ok. applying to set aside friday

 

gump

 

bumpage

 

apologies to keep bumping this, but bump

Edited August 18, 2010 by citizenB

[jackflashskunk]

hi anyone reading this thread. i have written an affidavit for form 6.5 to help me hopefully get this set aside

can someone please check through it to see its ok. its based largely on a prepared one by postggj.

 

thanks/muchas gracias/danke schön/shukriya/merci beaucoup/jequi/obrigado/shukran/Efcharisto/Domo arigato :)

nameblanked outForm6-05.doc