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  • #31
    Re: CapQuest Statutory Demand

    Paul never got back to me about formally taking my case on, so I have been left to do things myself as it were.

    Comment


    • #32
      Re: CapQuest Statutory Demand

      Originally posted by Flowerpower
      Did he say he WASN'T taking on the case? If he just didn't get back to you it may be because he's been busy and you could try to contact him again.
      Yes, my error I should of pointed out he was(is) busy so this was the likely reason behind the no replies.

      Anyway now sworn in my Form 6.5 and supporting exhibits.

      That cost me £13 due to having to do it at the solicitors.

      Now just have to get them to the County Court.

      No doubt once I have sent them, the promised letter that could of stopped the need to apply for a set aside will arrive.

      Comment


      • #33
        Re: CapQuest Statutory Demand

        Today is day 18 after receiving the demand, and just received the date for the hearing in July.

        Nice little milestone there that I get the date on the same day that my chance to file an application to set aside would of run out if I had not responded.

        I also received another letter on Day 18, the day I had to file my application by. Today I received the promised letter Mr Davies promised me would be sent out on the 8th May.

        Now I find it a bit of a coincidence that on the very day my chance of filing an application to set aside ran out, I get the promised letter. Did he want me to be worrying right up to day 18, then only to withdraw the demand?

        Hmmm I think he did.

        Spoken to the court, they want a copy of the letter CrapQuest have sent me. So will get on to that straight away.

        Comment


        • #34
          Re: CapQuest Statutory Demand

          Well done you

          Perhaps Mr Davies of CapQuest read this thread (DCAs do) and realized that the game was up

          I think it's cruel the way creditors use SDs to bully and frighten debtors into paying. The more complaints to the OFT about this unfair practice the better. 1st Credit got reprimanded for doing it so maybe time for CapQuest to be given "requirements" too

          Comment


          • #35
            Re: CapQuest Statutory Demand

            He will also get to read my 6.5 and see his promises were recorded on the 8th by myself. Thus be glad he actually did send the letter he promised, even though it was nearly 2 weeks later.

            Comment


            • #36
              Re: CapQuest Statutory Demand

              Well done
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              • #37
                Re: CapQuest Statutory Demand

                Also where is the logic in issuing a SD when someone isn't a homeowner Perhaps Mr Davies presumed you had a valuable collection of fine art or some precious jewellery stashed in the boot of one of the your rare vintage cars

                How much was the debt

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                • #38
                  Re: CapQuest Statutory Demand

                  £1802 including the interest they added on.

                  The letter also promises that they are in contact with the original creditor about getting me a copy of my agreement and statement of account. They say "we will send you copies as soon as we receive them. We will keep you updated with how our request progresses".

                  To me that translates as, "we have asked for copies.....we might not get them anytime soon.......we will write to you again making promises they will be sent one day."

                  Comment


                  • #39
                    Re: CapQuest Statutory Demand

                    LOL yeah, some DCA's dont like admitting they cant get the CCA.

                    I have one that ensures they will send it as soon as its found, that was 3 months ago, all i get now is a statement, no demands nothing.
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                    • #40
                      Re: CapQuest Statutory Demand

                      Had a letter from the District Judge this morning as a result of me forwarding a copy of the letter from CapQuest.

                      He/she has used Court Case Management Powers contained in the Civil Procedure Rules Part 3, to have the demand set aside without a hearing.

                      Hearing in July now vacated.

                      Comment


                      • #41
                        Re: CapQuest Statutory Demand

                        That's brilliant news

                        Do CapQuest owe you any money for your costs in this matter

                        Comment


                        • #42
                          Re: CapQuest Statutory Demand

                          Originally posted by PlanB View Post
                          That's brilliant news

                          Do CapQuest owe you any money for your costs in this matter
                          That is a good question.

                          Comment


                          • #43
                            Re: CapQuest Statutory Demand

                            Originally posted by Welshdebtor View Post
                            That is a good question.
                            And the answer is at least £13 for the cost of swearing your court documents

                            Comment


                            • #44
                              Re: CapQuest Statutory Demand

                              Originally posted by PlanB View Post
                              And the answer is at least £13 for the cost of swearing your court documents
                              I will explore that avenue.

                              The letter states I have 7 days to respond if I want the decision varied (which I guess would cover me if I want costs).

                              It mentions fees are involved and a new hearing may be set unless I ask for a decision without a hearing.

                              As I have paid £13 for the swearing.
                              £3-4 (can not remember exact figure right now) on calls trying to get hold of Barry Davies.
                              As well as postage of the 6.4. 6.5, supporting documents and the copy of their last letter.

                              So it has left me out of pocket.

                              Like I say I will now look into that.

                              Comment


                              • #45
                                Re: CapQuest Statutory Demand

                                On the other hand you do owe them £1,800.02 so maybe you should just quit while you're ahead. You've won the moral high ground and avoided bankruptcy which is a great result. I'll doubt they'll mess with you again

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