CapQuest Statutory Demand

[WelshGuy77]

I received a SD in the post yesterday from CapQuest (no attempts at handing it to me personally). This is in connection to a debt from 2006 that I have been disputing since 2008. So far I have had no CCA Request fulfilled, all my requests have been met with silence. The only complaint they have stuck to, (they being any of the DCA's involved) is to cease phoning me or in the case of one of them, phoning work and discussing my debt with my boss.

Anyway, I am now looking to have the SD from CrapQuest "Set Aside", but have a question that I hope someone can help me with.

On the Form 6.5 it has a section for "sworn at", what goes in this section? Do I need to get a legal person to "witness it"?

Due to the distance between me and the court (plus it being a Bank Holiday I want to get my application in asap. Plus I do not have any legal professionals here if I do need one to fill in the above "sworn in" bit. I was hoping to just fill in the forms and post them to the court that is 60+ miles away.

The above aside:

I have rung the POC twice so far without any success. It seems Barry Davies is a hard man to speak to by phone going by online sources.

I almost laughed when the reason given yesterday was "This person is not available by phone as he does not have a line in his office". lol

[miliitant]

Re: CapQuest Statutory Demand

the 6.5 is an affidavit

you either take it to the court, (county) and swear an oath of truth with the court clerk, or you can take it to any solicitors office and swear in front of a solicitor

t average cost for this is £5

but free in a county court

you will never speak to mr barry davies, he is a bit of a ghost in crappyquests imagination

[miliitant]

Re: CapQuest Statutory Demand

is the court you mention realy 60 miles away

have you confirmed that is the nearest court to you that deals with bankruptcy

[WelshGuy77]

Re: CapQuest Statutory Demand

Yes the nearest county court to myself is about 60 miles away (and is the one mentioned in the SD). Far enough on its own merits, without taking into account I am a non driver.

I could get the train, but due to my location that would take 5hrs 30.

So I can walk into any solicitors office and ask if I can swear? LOL that question makes me laugh, but you get what I mean. Or do I need to make an appointment?

[miliitant]

Re: CapQuest Statutory Demand

i have had three of these stat demands from crappyquest

i got every one set aside with costs

just walk into any solicitors office and ask

takes about 5 minutes for him to stamp your affidavit

[WelshGuy77]

Re: CapQuest Statutory Demand

i have had three of these stat demands from crappyquest

i got every one set aside with costs

just walk into any solicitors office and ask

takes about 5 minutes for him to stamp your affidavit

Thank you. Will do it Tuesday. (Unless they are open monday, which I doubt).

[ODC]

Re: CapQuest Statutory Demand

Crapqust hav already been warned about this sharp practice so a formal complaint is also in order but getting it set aside with costs agaist them is more satisfying

[WelshGuy77]

Re: CapQuest Statutory Demand

.......................

[basharun]

Re: CapQuest Statutory Demand

I will look into lodging a formal complaint.

Yes, get the SD set aside, then definitely lodge a complaint. Disgusting behavior by them.
When all that is done consider calling Capquest, quote their reference number on their letter, and tell them the person the letter is addressed to doesn't live there. Don't give any other info. That will send them on a wild-goose chase for a while.

By the way, isn't this account statute barred?

[ODC]

Re: CapQuest Statutory Demand

Yes, get the SD set aside, then definitely lodge a complaint. Disgusting behavior by them.
When all that is done consider calling Capquest, quote their reference number on their letter, and tell them the person the letter is addressed to doesn't live there. Don't give any other info. That will send them on a wild-goose chase for a while.

By the way, isn't this account statute barred?

Each time you ring ask for the invisible Mr Davies. Note the time and date you phone this clown as as he allegedly signed the SD he must speak to you. That is assuming he actually exists !!!!

[basharun]

Re: CapQuest Statutory Demand

Each time you ring ask for the invisible Mr Davies. Note the time and date you phone this clown as as he allegedly signed the SD he must speak to you. That is assuming he actually exists !!!!

Haha. He does actually exist. He is the director, or a director, in charge of legal matters. You'll never get hold of him, though. Another director (CEO) is Mike Daniels, and his brother, Paul Daniels, runs their Cape Town, South Africa call centre.

Just some useless info for you.

[ODC]

Re: CapQuest Statutory Demand

Haha. He does actually exist. He is the director, or a director, in charge of legal matters. You'll never get hold of him, though. Another director (CEO) is Mike Daniels, and his brother, Paul Daniels, runs their Cape Town, South Africa call centre.

Just some useless info for you.

He signed an SD to me about four years ago but nothing ever happened

[basharun]

Re: CapQuest Statutory Demand

He signed an SD to me about four years ago but nothing ever happened

That's not surprising at all, since their SD letter is just another letter in their letter cycle.
I wonder if they know that it's actually an offence to send a SD if they don't have any intention of pursuing bankruptcy proceedings (which they would have to pay for). Then again, I'm sure they do. The SD just happens to be a convenient scare tactic they can use. I just wish someone would bring charges against them.

[ODC]

Re: CapQuest Statutory Demand

Definat scare tactic which probably worked well for them in the past. Mine was delivered to me along with Christmas Cards about two days before Christmas. Needless to say it really didnt affect my Christmas.

The internet and especially sites like this must be a real pain in the rectum to these cretins in the DCA industry

[basharun]

Re: CapQuest Statutory Demand

Definat scare tactic which probably worked well for them in the past. Mine was delivered to me along with Christmas Cards about two days before Christmas. Needless to say it really didnt affect my Christmas.

The internet and especially sites like this must be a real pain in the rectum to these cretins in the DCA industry

Sadly, not really. They don't care about the odd account that gets away, because they play the numbers game. Their whole system and processes (letter cycles, calls etc.) is designed only to maximize responses and payments from people who don't know better. Right now I don't think enough people know about sites like this. We need to think of ways to get the word out to more people. The end goal should be to reduce the number of paying accounts below the threshold where it's no longer viable for them to remain in business. I like to imagine what would happen if every "debtor" simply tells them "you got the wrong address, he doesn't live here". All these accounts would then be uncollectable and move from their collections department to their tracing department. But that would mean they have nothing to collect, and if that happens even just for one month, they would have no income and it would be devastating for them.