CapQuest Statutory Demand

[PlanB]

Re: CapQuest Statutory Demand

Further to the promise made by Mr Davies on 8th May 2012, to get me a copy of my agreement and a summary of my account, it arrived today not far off 2 months later . . . . .

I now need to look into what step to take next, as in theory this agreement was only sent as a result of me fighting their SD demand and is still outside timeframes etc what ever date of a promise/request being made that is used.

I suppose the next logical step would be to send the CCA to Niddy to see whether it's UE or not

[Welshdebtor]

Re: CapQuest Statutory Demand

I have an update:

Further to the promise made by Mr Davies on 8th May 2012, to get me a copy of my agreement and a summary of my account, it arrived today not far off 2 months later.

Then of course as well as that nearly 2 months delay, there is the fact that my request in 2008 (of which I have no proof) and my request in 2010 (of which I do have proof) were ignored.

I now need to look into what step to take next, as in theory this agreement was only sent as a result of me fighting their SD demand and is still outside timeframes etc what ever date of a promise/request being made that is used.

Also on the summary of account there is Credit/Payments made that don't add up. For example there a cheque payment of £6 shown for July 2009. Now I know for sure I did not make any payment let alone £6.

There is also an entry for when the original creditor sold the debt titled "Write off Debt Sale", the date shown is April 2011. That also makes no sense. I have proof and indeed my 2010 CCA request was made via them that Apex had taken over the debt. So that was prior to the date shown when the debt was passed on.

Then in my recorded phonecall with Mr Davies he mentioned CQ took over the debt November/December 2011, despite not writing to me until this year.

So with that in mind were does this date of the debt being sold in April 2011 fit in???

[PlanB]

Re: CapQuest Statutory Demand

I'm just a natural born settlor who doesn't let anger overtake common sense. Paul skillfully got a creditor to set aside a SD for me last year when I thought that I was about to lose my home and everything I had fought for over the years over a £24k debt which I can honestly say hand on heart I had run up. I count my blessings every day since. Sometimes 'zip it' can be the way forward. But that's just my own personal view. If the OP wants to fight this further then he has my 100% support

[Paul.]

Re: CapQuest Statutory Demand

THE COSTS PRACTICE DIRECTION - Civil Procedure Rules

52.4
The amount, which may be allowed to a litigant in person under rule 46.3(5)(b) and rule 48.6(4), is £18 per hour.

M1

that tis interesting, the gazette that came out a while back put the rate at £18.50.

Its not something that i get too involved in as my charge out rate is much higher

[mystery1]

Re: CapQuest Statutory Demand

WRONG!!!!!!!

LIP now, well from october last year should be charging £18.50 per hour

THE COSTS PRACTICE DIRECTION - Civil Procedure Rules

52.4
The amount, which may be allowed to a litigant in person under rule 46.3(5)(b) and rule 48.6(4), is £18 per hour.

M1

[PlanB]

Re: CapQuest Statutory Demand

Ok, no need to shout

Remind me to bill Santander at that rate before you guys took control of the situation

Would you say that this is a case of 'counting your blessings' to have got shot of the SD or going for the jugular

[Paul.]

Re: CapQuest Statutory Demand

Under current CPR rules a Litigant in Person can charge out their time spent on a case at £9.50 per hour plus disbursements (i.e. the actual cost of "swearing" documents and court costs for making applications etc)

In this case it looks like the way to go may be a complaint to the relevant authority for the horror/trauma of having his private financial situation revealed to his boss I hope others will advise on who to complain to, and what level of compensation he can hope to achieve

It seems to me that justice has only been half done here

WRONG!!!!!!!

LIP now, well from october last year should be charging £18.50 per hour

[PlanB]

Re: CapQuest Statutory Demand

Under current CPR rules a Litigant in Person can charge out their time spent on a case at £9.50 per hour plus disbursements (i.e. the actual cost of "swearing" documents and court costs for making applications etc)

In this case it looks like the way to go may be a complaint to the relevant authority for the horror/trauma of having his private financial situation revealed to his boss I hope others will advise on who to complain to, and what level of compensation he can hope to achieve

It seems to me that justice has only been half done here

[The Tech Clerk]

Re: CapQuest Statutory Demand

And the answer is at least £13 for the cost of swearing your court documents

No swearing on here, plus at least £18.00 dealing with item/correspondence to court that is per hour, + anything else others may come up with???

[PlanB]

Re: CapQuest Statutory Demand

Ah, that makes much more sense. You always get given 7 days to object to an order and the objection requires a hearing unless you all agree it doesn't.

So you're safe to go out and celebrate your victory over CapQuest. Woo Hoo

[Welshdebtor]

Re: CapQuest Statutory Demand

The letter states in bold (though not in these exact words), that as a result of the copy of the letter I supplied (the one from CapQuest stating they are cancelling the demand) and using the evidence supplied by myself with my Form 6.5 the Judge has ordered that:

1) The demand is set aside.
2) The hearing in July is vacated.

Then it goes into if Capquest or I wish to vary or object to the above decision we have 7 days under Part 23 Rule 10.

Any application to vary or as a result of objecting to the above decision will involve fees and a hearing date for the objection will be listed. However if asked for, the order can be varied without hearing. Any objection will lead to a new hearing date being set if deemed needed.

As I am happy with the Judges decision I shall not be objecting. And given that CapQuest have written to me cancelling it (and of course the Judge took that letter into account) I doubt they will be objecting within 7 days either.

[PlanB]

Re: CapQuest Statutory Demand

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.

.

^^^^ I've just re-read that. Are you expected to reply to that court letter confirming that you want a decision without a hearing otherwise they will re-list it for a full hearing Perhaps the court has used it's powers to vacate the first date to give the necessary time for you to agree to an ex parte hearing I'm not sure that is the same thing as agreeing to your SD set-aside application, although the signal being sent out is that there's no need for a hearing since the creditor has agreed to have the SD set-aside but the court still may have to make an order or something to ratify this. Check it out with Paul if I were you

I'm sure it's all fine

[Welshdebtor]

Re: CapQuest Statutory Demand

True.

Then again I am owed alot more than my debt for the breach of the DPA when my debt was discussed with my line manager. Thus leading to embarrassment and even thoughts of ending it all.

But may just leave it now, and work on reporting them for their behaviour etc now.

[PlanB]

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

[Welshdebtor]

Re: CapQuest Statutory Demand

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.