Statutory Demand from Capquest - Advice needed

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

Ok, here we go again!

Edited forms attached, have I nailed it?!

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

Looks good.
Do you fully understand what you have written ?

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

I have a good idea, firstly that the cca request has not been returned in time and therefore make the SD unenforceable.

Next, that LOP 1925 s136 says a debt can only be enforceable by a new party if it is handed over by the original creditor provided notice has been given to the debtor (which I haven't).

Next LOP 1925 s196 says a notice in relation to this act must be served by registered post if it cannot be served in person (which it wasn't) - question - how does LOP 1925 relate to the CCA 1974?

Next, excess charges (in the region of £3K) have been unlawfully added to the account without any reasonable cause

And Finally I have stated that the reason why the set aside has not been made within the 18 day period is because I have been waiting for a response for the CCA request.

So I would think I have quite strong grounds for a set aside. would you agree?

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

LoP is concerned with the actual assignment were as CCA covers the credit agreement and it's enforceability.
This is how OC's "sell" debts to DCA's, well it's is in theory anyway.

The failures on CCA and LoP should be more than sufficient for a set aside.

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

Thanks so much for your help, I'll let you know how things go.

Cheers

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

Forms were taken in today (took about 2 minutes, and they don't have to be sworn in anymore), so let's see what happens!

Hopefully, CurlyBen, you'll be adding another one to your score!

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

Good on you.
They'll most likely bee a hearing at some point to officially put this to bed, but should be easy enough.

CQ and I have spared in the past, guess who lost

BTW my score represents the number of DCA's I have personally dealt with.
That ONE per DCA, so yes THAT many !!!

Sad as it's only for 8 accounts for the missues, my brother and I.

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

Well I thought I wouldn't mention this until something further happens, I had a letter from a 'Doorstep Collection Agent' called Meritforce (based in Kilmarnock according to the letter) they have said they will be sending someone round within the next 10 days to collect the amount owed!

And who is the 'Pursuer'? Crapquest! They apparently have a debt from Egg credit cards.

So do they have no idea what is happening in their own company?
I'm expecting a few more over the next few months as they will all be 6 years old next year (As I said in my first post, I have a number of debts - all unsecured - from a business I ran some time ago which went under unfortunately and were in my name).

So now I know what to do (and no doubt there will be the same reasons for a set aside if they decide to go down the SD route) I say 'Bring it on!'

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

ROFLMAO

Meritforce are part of Mucky Hall and best ignored

Mucky Hall specialise in statute barred and completely unenforceable debts.
Any DCA collecting for another DCA can be ignored as they have ZERO legal powers

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

Thanks for your help and encouragement so far on this, for the last few years this has been hanging on me not really knowing which way to go and, to a certain extent, been anxious whenever someone knocked on the door or called with a withheld number.

I feel like I am in control now, and although it's early days feel like I can really stick my fingers up at these leeches.

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

Remember the Pizza Dude has more rights when calling on you

[umgeni]

Hearing date given!

Had a letter from my local court, date set for 13th of December.

I understand I need to put a claim form in 24 hrs before the date, I was thinking of claiming for 3 days - i.e. 24 hours of research etc, can anyone confirm what the allowable hourly is to claim?

What else should I be claiming for?

Any advice grateful.

[Curlyben]

Re: Statutory Demand from Capquest - Advice needed

The LiP hourly rate is £9.25 per hour.

Considering the amount of time and effort you have put in on this, with all the reading and research, I would go for at least 36 hours.

[umgeni]

Re: Statutory Demand from Capquest - Advice needed

Just received a huge wad of papers from capquest (dated 18/11/10 and only received a few days ago, cut off date for the cca request was 02/11/10).

There is a copy of every statement for the original credit card from over 5 years ago, together with 2 copies of the cc credit agreement. These have just been printed out and shows all of the t&c's and key financial information over about 11 pages of A4.

My name and previous address appears on the front page, there are no signatures of mine or anyone else's anywhere in the entire document or even any dates for that matter.

So what's that all about then? I assume this is no agreement, as there should be signatures etc on?

What logic are Crapquest using sending that lot out - no mention of any assignment of debt, or anything else?

The covering letter said nothing about the SD, only an 'offer' to pay the full amount, otherwise my 'account' will be 'passed to out collection department for further action'!

So I'm not worrying!

My set aside date is next Tuesday, I have put some costs together:


Research time 37hrs@ £10.25 Lip rate: £379.25

Mileage 11miles @ £0.40 per mile: £4.40

Postage £1.15
Other Stationery £0.50
Total: £385.30



Just one question now, I have seen, but can't find a definitive answer, that the costs have to be submitted 24 hrs before the hearing, I want to get them in tomorrow, do i just send a letter showing the costs (and case number obviously) to the court, or is there a specific form?

Any help would be greatly appreciated.

[umgeni]

Costs

I've just sent this letter to the county court for my costs, lets see what happens!:26: