Capquest - Court date next week

Wheeler01

Hi

Im not looking for advice as such (but any would be welcome!) just some moral support.

The story so far:

I received some letters from Capquest every week for about 6 weeks from January going on about owing for a Natwest bank account that has nothing to do with me - I therefore ignored them.

Then in March through the post I received an SD, not knowing these sites existed I got advice from the court and filed a defence stating that I did not and never have had an account with NW.

My court date is next week and im getting nervous! All I have stated is that the account is not mine. Somebody did get a Barclaycard out in my name once and im worried that the same thing has happened.

Capquest have sent me nothing to prove any account even exists except demanding money letters asking for £1100. Looking at the dates on the SD the account was defaulted back in 2004 so I could have perhaps gone down the Stat Barred route, I have looked at my credit reports and there is nothing from Capquest or Natwest on there at all.

What I would like to know is do I get to see Capquests evidence if there is any before the hearing? How do I go about claiming costs as I had to take half day from work to give in my defence and a whole day for the hearing.

I have never contacted Capquest myself only through the court when I filed my defence, im guessing they receive a copy.

Thanks for reading

RAS

Have you asked for a subject Access request? Morte than a bit late now, but thaT WOULD PROVIDE ALL THE DOCUUMENTATION.

You do really need to talk to someone like NDL and see if you can make an additional defence at this stage on the basis of the SB status.

dancingfairy

But if it's not the OP's debt and they believe it to be fraud or someone with a similar name then surely they are not liable anyway?

Have you check all your credit files? why was this not flagged up before if there was identity fraud on your account before? Have you put a CIFAS marker on your files? Have you dispute the debts with equifax, experian, call credit etc?
I'm just wondering how it could have got to this stage for a debt you don't even owe.
df

fatbelly

I can't see the court being very impressed with this case. They had six years to start a court claim and failed to do so, then issued a SD - for a debt of £1100!

I think it's a bit late to get anything sensible from Capquest.

I think I remember a similar case from this forum where Capquest didn't show up for the hearing, and the judge made an award of compensation.

Please make sure you attend court and make your case politely. Let us know what happens.

RAS

Sarahj8 wrote: »

I wasn't served it came through the post just nervous

Hi

Please make sure you tell the judge that.

Also get hold of the OFT and make a formal complaint as the OFT have put restrictions on a number of companies who have been using SDs improperly and who have been chasing SB debt improperly. I think Crapquest are one of their targets and the OFt would like to know if they are still in breech of their licence conditions.

Wheeler01

Have received a letter from Capquest today one week before court if poss could really do with some advice on how to proceed.

Will write out what they have written bearing in mind my application to have the SD set aside was made in March:

Re: application to set aside a SD, hearing date 27th July

We have received from the xxxx county court a copy of your application to set aside a Statutory Demand.

Since this debt was assigned to us in November 2007 we have sent 13 letters to you. During this time you have never responded to our letters or made us aware that you disputed your liability for this debt and therefore a Statutory Demand was sent to you.

We can confirm that documentation relating to this account has now been requested from National Westminster Bank Plc. Once we receive this information we will send it to you. If you have any queries upon receipt of the documents, we will be happy to answer any questions you may have.

In the circumstances and whilst we fully investigate the matters you have raised in your affidavit, details of which we were not previously aware of, we can confirm that we will not oppose your application. We consent to the Statutory Demand being set aside with no order as to costs.

If you agree to the above terms both parties can avoid attendance at court on 27th July 2011 by informing the court that both parties have agreed to an order as follows:-

1. The Statutory Demand be set aside;
2. There be no order as to costs.

If you are in agreement with the above terms, please contact Jilly xxxxx of the legal department on 0844 xxxxxxx at your earliest convenience or sign and return the attached letter consenting to the above so that we may inform the court of any agreement both parties may make.

Legal Support Department.

Am at a complete loss as to what to do!!

Ps I had never heard from them until January this year not from 2007 and did not receive 13 letters.

Wheeler01

Can anyone help?

fatbelly

They are worried about being made to look stupid in court. I'm not saying that would definitely happen. Courts are notoriously unpredictable and rely on how the judge feels at that particular time.

I would sign and return their letter. 'Set-aside' just means that it goes back to square one.

I would, however, check with the court the day before the hearing whether Capquest had actually withdrawn the case. Not that I mistrust them or anything :whistle:

When the dust settles, get ready to send them the 'deny debt/statute barred anyway' letter. I can link to it later. Depends a bit on what they get back from Nat West.

Wheeler01

Thanks fatbelly I will sign it and return tomorrow, is this usual for Capquest to do this?

RAS

A number of DCAs are in trouble with the OFT for sending SDs on debts that they know are unenforceable. Some have been given substantial roastings by judges when they presented or failed to present "evidence". They rely on people like you not knowing their rights and caving in through fear; the minute you stand up for yourself, they keel over as in this case.

I suggest you take this opportunity to challenge a few of their facts; particularly that the first correspondence you had was in January 2011 and that since the debt did not relate to you, you saw no point in responding. make reference to this in your letter; not least that you are astounded that they took this sort of action when they plainly did not have the right person.

Demand compensation for your time and distress.

geoffky

tell them you want some costs for the nightmare you have been put through by their bully boy tactics.