Capquest - Court date next week

Wheeler01

Have just rung the court, at this time it is still listed to go ahead!! Obviously they are not going to turn up as they have already told me that, have spoken to NDL they said Crapquest can re issue an SD at a later date, I just want an end to this!!! If I do have to prove this isnt my debt in court without having received any documentation from Crap then im stuffed!

RAS

No

it is Crapquests responsibility to prove that you owe the money. take everything you have with you and I think they will get a boolocking fromn the judge.

Point out that since they have not close the case, you had to turn up and ask for the SD to be struck out and costs awarded.

Wheeler01

Sorry to ask so many questions but do I need to apply for costs before the hearing?

fatbelly

fatbelly wrote: »

I would, however, check with the court the day before the hearing whether Capquest had actually withdrawn the case.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:

Wheeler01 wrote: »

Have just rung the court, at this time it is still listed to go ahead!! Obviously they are not going to turn up as they have already told me that, have spoken to NDL they said Crapquest can re issue an SD at a later date, I just want an end to this!!! If I do have to prove this isnt my debt in court without having received any documentation from Crap then im stuffed!

So is the hearing tomorrow? Then you should attend.

You say 'Obviously they are not going to turn up'. It's not obvious. They will have appointed an agency who will have appointed a rep. He/she will already have a file on you (and a dozen others for tomorrow) with the instruction to seek a bankruptcy order.

Now the message needs to get from Crapquest to the agency to the rep to drop the case. That's a chain of communication that can easily go wrong. And would then be a real pain to sort out.

So unless the court can confirm that the case has been de-listed, you should attend. Take copies of all your letters. They would have to prove it's your debt, which, from what you say, they can't do.

I hope you are keeping a record of your expenses and time spent on this.

Wheeler01

They have written to me and that court to say that they are not attending (basically they have no evidence) and they are not stopping my set aside application as long as I dont apply for costs.

Wheeler01

Have spoken to the court, they have received the letter from Capquest that they are not going to argue the set aside but they want no costs awarded, court still think its in my interests to attend and to claim costs.
Thanks for all your help guys I will let you know the outcome.

Gordon_Hose

This is better than an action movie lol

Wheeler01

My costs come to £319 and that is being kind should I charge for harassment/distress or not??

KingElvis

Wheeler01 wrote: »

My costs come to £319 and that is being kind should I charge for harassment/distress or not??

I would claim for everything including stress to your cat (if you have one)

RAS

Wheeler01 wrote: »

My costs come to £319 and that is being kind should I charge for harassment/distress or not??

Stop being kind for a start.