Capquest and barclays loan debt issue

[postggj]

Then Not Stat Barred

 

We Have More Than Enough To End This

 

Ill Do This Over The Weekend

 

We Have 18 Days

 

Just Try And Think How You Are Going To Spend The £300 Costs On Crappyquest

 

Minus A SMALL Donation To Cag:D:D:D

[Zozz]

from the bottom of my heart i do thank all of u in here specially you postggj with out ur help iam getting no where thank you much appreciated as u said over the weekend , am going to wait for ur email .

Edited May 28, 2010 by zozz

[Zozz]

after i send recorded letter to capquest requesting copy of the original cca agreement in 25 of may i received a letter from them today

 

it say re barclays bank limited xxxxxxxxxxxxxx.

Thank you for your letter dated 25 may 2010, received into the legal department on 26 may 2010.

 

We confirm that the documentation you require has been requested from barclays bank limited we endeavor to get these to you as soon as possible and with in the time limit of 12 business days, however this will depend on barclays bank providing them to us.

 

Since this debt was assigned to us in october 2008 we have sent 6 letters to you and tried to contact you numerous times via telephone , you have never responded to us or questioned your liability for this debt and we had no reason to believe that you were not aware of your liability and therefore a statutory demand was sent to you.

 

Whilst we are awaiting documentation we can confirm that we will take no further action with the statutory demand and you can consider it as a nullity and we will withdraw the demand .

 

There will be no need to apply to the court to have the demand set aside.

Once we are in receipt of the documents these will be sent to you.

 

If you have any queries upon receipt of the documents we will be happy to answer any question you may have after you have the documents we will expect an arrangement for payment to be made if an arrangement cannot be made at this time there is a possibility that a further statutory demand will be sent to youi.

 

Your sincerely legal support department 0871 574 3159 even there is no propper signature no barry nor davis.....

 

Abig thanks to postggj and all the freinds who advised and support in this matter and big thanks to 42man and all gags and this foroum.

[postggj]

please zozz

 

thats a template from crappyquest

 

its a get out of jail card

 

please ignore

 

we need to get this set asside or they will just issue a new one

 

but its your choice

[Zozz]

hi postggj for sure u r right am still waiting for ur email

[postggj]

no probs

 

will be ready in the next few days

[Zozz]

Thank you

 

postggj in ur opinion after we do the set aside whats going to haoppens?

[postggj]

you will get a court date for a hearing

 

it will last about 2 minutes as the judge will allready have decided on the witness statement etc

 

you walk out of the court £300 richer and no more stat demands from crappy quest

[Zozz]

hopefully it will be the end of this matter

[postggj]

 

 

OK PEOPLE

 

ROUGH DRAFT

 

LET ME KNOW WHAT YOU THINK

 

FIRST MISTAKE I KNOW IS RULE 6.2 ISNOT BEING ABLE TO SPEAK TO THE CREDITOR NAMED ON THE DEMAND

 

PLEASE PEOPLE DONT USE THIS UNTIL IVE POSTED UP A PROOF COPY MINUS MISTAKES

 

error

 

error

 

 

 

LETS TRY THIS

 

COMMENTS PEOPLE

Edited May 30, 2010 by postggj

[babydoll0141917]

Excellent ..You are so on form with this Postggi.

 

Thank You Sooooooooooooo much

[postggj]

No Probs

 

Zozz

 

Ive Now Emailed You The Two Forms

 

Just Open Up In Word And Print Them Off

 

CONFIRM RECEIPT IS OK

[Zozz]

good evening to you your honour postggj and all the gags in here i did receive the email thank you for the great job you done i have a question shall i pm u postggj?

[postggj]

Unless Its About Personal Details

 

Put It On Your Thread

 

It All Helps To Educate Future Caggers

[Zozz]

ok you are right postggj i never been in such situation in all my life shall i sign the set aside now and date it? how many coppies i have to take to the court? what other document beside the sd i have to take? whom i have to see in the court please advise with thx

[postggj]

Ive Answered Your Questions By Pm

 

Let Me Know If Still Unclear

[Zozz]

Thank You Sooooooooooooo much for ur great help and advice by tuesday or wednesday the latest will go to court and let u know in case there is any updates.

[postggj]

Ill Be Around

 

Feels Nice To Strike Back, I Bet:D:D

[Zozz]

:rolleyes:tell me about it:D:D:D

[postggj]

 

 

 

 

ILL POST IT UP ANYWAY FOR FUTURE REFERENCE

[Zozz]

hello postggj are u arround will u please advise if u can in the pm sent with thx

[MONX]

I have been on this site for some time now and have noticed that SD's seem to be sent out in waves by different DCA's. Since Ist Credit were censured for their use of them, they have been a bit more selective to who they send them to, but now I see Crapbot have taken up the mantle.

 

There are two trains of thought on how to deal with SD's on here and both are valid.

 

1. Some believe that if the SD has not been served correctly then it is void. The first thing a judge is going to want to see is evidence that the SD was served and a signature confirming your acceptance of it. There are other arguments to not acknowledging or taking action when the SD comes through the letter box but they are generally the reasons people put on the set aside docs (sb debts, debts in dispute, non compliance by DCA or OC to provide correct docs etc).

 

I believe it costs somewhere around £1100.00 to make someone bancrupt through the insolvancy service, unless they have done their homework they have no idea if you rent or are a homeowner, have no idea of your savings and capital and in that case its a big gamble for them as to whether it would be financially worth it for them.

 

 

2. The other school of thought is that you should vigorously defend any SD you receive and even when the DCA admits they arent going to go pursue it you still get the SD set aside and hit them with your costs. This is my personal way to deal with them, not only does it give you peace but also fires a warning shot over the bows of the DCA's abusing the insolvancy service to aid in debt collection.

 

Getting the SD set aside means that they cannot pursue that one again, it also lets them know that you are not uninformed and are going to just pay up. The double whammy of getting costs awarded usually sees them off for good on that debt (although they have been known to sell them on at this juncture).

 

Personally I would fight them to the death!

 

The lowlifes who sent me a SD cr@pped themselves when I made it clear I was going to court and intended to get costs awarded, they sneakily told the court that they werent attending and that I should "bear my own costs" as they didnt know my debt was disputed (however they damn well knew it was Statute Barred). The judge was angry that they were abusing the service and awarded me costs in full!

 

Getting costs awarded against the DCA bloodies their noses and makes them think twice about sending out the SD's. Think about it, they paid something nominal for a debt they couldnt enforce, spent man hours chasing it and then have to pay the debtor costs for the threat of spurious and vexatious court action .... they will defintately think twice.

 

I would definately go through with getting your debt set aside and chance your arm at the costs, the worst that could happen is the judge could say no, you will be no worse off than you are now and you will still get it set aside.

[Zozz]

good evening

 

i been today to court to do the set aside and i took 3 copys as u suggested in the court

they told me there is no more oath

they said u need to make witness statement

( i believe that this a true statement etc etc>>>)

 

asked me to sign the 3 copies and they took it all and said to me they need to contact the debtors and u will get a date for hearing which it takes around 15 minutes and u will be informed when to attend and

 

they ask me what evidence do i have

so what do u think is going to happens please comment.

[postggj]

ive sent a pm

 

first

 

you took to the court the 6.4 and 6.5 form i gave you with the ststutory demand

 

did you swear an oath ref the affidavit form (6.5)

 

did the court take the forms off you

[Zozz]

yes postggj i took the forms 6.4 and 6.5 with the sd but there was no swear to oath they told me only now make a wittness statment and she showed me a papper to read and right the same in the 3 coppys of the forms ( i believe that this a true statment etc etc>>>) so asked me to sign and date the forms thats what i did only. there were no swear to affidavit in the form she told me only do the wittness statment in the 3 coppys and sign and date and she took all the 3 coppys

Edited June 3, 2010 by zozz