Capquest - statutory demand

[eddie]

Re: Capquest - statutory demand

Just got back. They say it could be September before (if) it's heard.

[TUTTSI]

Re: Capquest - statutory demand

Now the ball is in the hands of the court....we are September now so not too long. I am sure Capquest will fold as they never have any substance to their demands and cannot prove that you actually owe the debt. I firmly believe it was just a scare tactic. It was probably not served corectly either.


I would as Clever Clogs mentioned in an earlier post report them - Consumer Direct (0845 4 04 05 06) and/or the Office of Fair Trading
Read more at: Legal Beagles Consumer Forum - Reply to Topic

Just got back. They say it could be September before (if) it's heard.

[Esio Trot]

Re: Capquest - statutory demand

Just got back. They say it could be September before (if) it's heard.

Even if you are on benefits and did not have to pay the court fee, it has still cost you. I am as certain as I can be that you will be able to claim for your time and money in preparing the set aside, plus the court attendance.

DCA have become notorious in recent times of using SD's as a means of debt collecting when they have no intention of ever taking out a bankruptcy petition. The reason they do this is that it only costs them the price of producing the document, and the postage. It's then up to the debtor to spend time and money stopping the process.

Because of this, from April 2011 the insolvency service altered their forms making it the norm for personal service to have been effected. If there has not been personal service, the petitioner has to provide very good reasons why personal service was not possible (e.g. personal service not effected as the person wouldn't answer the door on at least two occasions - the second by appointment).

What this means is that it is highly likely that a petition would NOT have been lodged against you (especially with the petitioner having to pay over £900 into court when making the application) although, obviously, there is some small risk that they would. However, even if they did, you would then have the grounds listed about to show that the petition was wrong and an inappropriate action.

So, as they have been silly enough to issue you with a non-personal-service SD, forcing you to use the court, don't let it drop. You can really stick a finger in their eye and annoy them by having them pay you.

I wish more people would do what you did, but sadly it seems to be an effective collecting tool that really frightens people into paying the debt.

[Esio Trot]

Re: Capquest - statutory demand

Another post as I've just found the current Statutory Demand procedure (it went missing off the Insolvency site some months ago).

Here's the link:
http://www.businesslink.gov.uk/bdotg...type=RESOURCES

As you can see, for a Statutory Demand to be relied upon against a debtor, personal service is now almost a requirement. This has only been the case for the last few months, probably due to the abuse of the SD procedure by debt collectors.

[CleverClogs]

Re: Capquest - statutory demand

Any news?