CapQuest CCJ***WON***

[deedee1310]

Hi there.

I need some help and advice. I have checked my credit file and it would appear that CapQuest have obtained a CCJ against me in March of this year . I have read many of the threads in this part of the forum but cannot find one that quite matches my situation.

I did not receive any paperwork with regards to this. I believe that they bought the debt from Citi Card. This account defaulted because I couldn't cope with the charges that were being levied against my account.

I have sent a CCA request to CapQuest on 15/6/07 and I am awaiting a response. If they do not reply by 2/7/07, they will be in default of my request and by 30/7/07, they will have committed an offence. Will a CCA request be enough to stop them trying to enforce the debt (i.e. issuing a Warrant of Execution)?

Should I wait for the above to elapse and then try and have the CCJ set aside? I'm not sure what to do. I subscribed to Which Legal Service but they weren't very helpful .

I need to go after Citi Card for the charges but need to try and deal with this first.

Any help and advice will be appreciated.

deedee

[NailPost]

You shold have received paperwork for this CCJ so you should be able to take steps so the first step would be to contact your nearest county court. Tell them you received no notification and obtain details of the judgement obtained against you. Then ask for their advice to set it aside.

Sending the CCA request won't have the same effect as a SARN and I would do this as soon as possible. It will force Capquest to send all details they have on you within 40 days. If they don't report them to the Information Commissioner and start a complaint against them with the FOS.

In the meantime if they go for a warrant of execution they will find an application for set-aside in the way and to have the warrant granted will mean having to prove they have the rights to collect all over again.

Best of luck and post again. Someone else with more experience with these clowns and this sort of case will be along soon.

[deedee1310]

Thank you Nailpost.

Off all the things I have on the boil at the moment, this one has me the most worried. Unfortunately I'm just about to start a new job, so will not be able to get down to my local CC. However, I will be there on 6/7/07 (for another matter), so will make my enquiries then. It costs £65 to file form N244, and I will get no remission now as I will be employed again

Do you think if I tried to find my case number (via the Courts Register), I could file my N244 asap. Will I be able to cite non-receipt of paperwork as my reason for applying for the set-aside?

I will fire off an Subject Access Request letter now and send it Recorded Delivery tomorrow.

In the meantime, thank you for your response so far, you have no idea how much you have helped.

deedee

[payingonlyencouragesthem]

Are you a homeowner? The CCA default will be sufficient to have the CCJ set aside - just mention it on the N244 and of course deny the debt. Also of course point out that you never received a summons.

You must send the form to the court where the case was heard not your local cc. Use this link to get the form:

Removal of CCJ's - Sample Form N244 - Notice of Application

[deedee1310]

Hi P.O.E.T!

No I am not a homeowner (soon to be but mortgage is in OH's name)!

I'm waiting for the CCA request to default which will be on 30/6/07. My rationale for requesting it was to use it as a grounds for a set-aside, (thank you for confirming this) and to get the debt returned to Citi Card.

I will still send them an Subject Access Request request as Nailpost suggested which I know they cannot comply with, just to tie them up with some paperwork

I'm pleased that you have replied to this thread as I have seen your input on various threads I have read recently.

I will update again soon.

deedee

[payingonlyencouragesthem]

I'm amazed they took you to court if you are not a homeowner. You need to move as soon as the CCA default happens as it would be a bit of a pain to start a new job with an attachment of earnings order. To be on the safe side you'll also need to say that the reason you are making an issue out of the agreement being produced is that you believe an ex partner is responsible for the debt.

[deedee1310]

How would I phrase that? The thing is the Citi Card debt is mine but I know nothing of capquest. The money they owe me for charges will cancel out the balance they reckon I owe them. Why does my being a tenant make a difference on their obtaining a CCJ?

This all stems back to a dark period for me which I have now overcome but it's been a slow road to recovery. I wish I'd support like this then.

Funnily enough Cap One did the same thing (obtained a CCJ). It got as far as them issuing a Warrant for Execution. If I'd known what I know now, it wouldn't have got that far. Bryan Carter recently sent me a letter stating that I had satisfied the debt for the judgement but that their client reserved the right to chase me for my remaining "debt".

I sent Crap One a Prelim letter last week, as they charged me well over £910 in charges for my £200 credit account.

Anyway P.O.E.T your help and advice with this and my Capquest problem will be gratefully entertained.

deedee

[payingonlyencouragesthem]

Originally Posted by deedee1310

How would I phrase that? The thing is the Citi Card debt is mine

Without seeing the agreement, can you, or a court, be 100% sure

[deedee1310]

I'm following you.

So I would word the N244 along the lines of

"I wish to apply for a set aside as I did not receive any documents in relation to the judgement. Moreover, I have requested a CCA from the Claimant on mmddyy under s.78 (1) of the Consumer Credit Act 1974 which is now in default. Until ownership of the debt can be established. I respectfully request that the order be granted in order to facilitate this"

Please tell me what you think

deedee

[payingonlyencouragesthem]

Originally Posted by deedee1310

I'm following you.

So I would word the N244 along the lines of

"I wish to apply for a set aside as I did not receive any documents in relation to the judgement. Moreover, I have requested a CCA from the Claimant on mmddyy under s.78 (1) of the Consumer Credit Act 1974 which is now in default. Until ownership of the debt can be established. I respectfully request that the order be granted in order to facilitate this"

Please tell me what you think

deedee

Sounds very good to me. I especially like the "until ownership of the debt can be established" bit. I'll use that myself next time. Problem is some judges have been ruling in favour of CCA defaulters despite the law because they have produced statements proving the debt exists. A "wrong person" defence means the agreement has to be produced in order for the creditor to win.

[deedee1310]

I'm glad you like! I knew the Law units I took would come in handy one day.

I'm going to try and get the N244 lodged this week. We'll see what happens.

deedee

[ohoh4312]

Hello deedee

Just popped in to add my support - following this one with interest too; can't give you any advice, as you well know (!), just 100% backing.

Also, hope the new job went okay today - belated congratulations on that!

"Speak" to you soon

Lotsa luv

Jo xx

[deedee1310]

Thanks Jo.

Stop putting yourself down as you are more help to me than you realise!

BTW didn't start today as planned. Will start tomorrow instead.

Thank you for the wishes. Will "speak" to you later too.

deedee

[payingonlyencouragesthem]

Originally Posted by deedee1310

Thanks Jo.

Stop putting yourself down as you are more help to me than you realise!

BTW didn't start today as planned. Will start tomorrow instead.

Thank you for the wishes. Will "speak" to you later too.

deedee

Heh!

[deedee1310]

OK capquest have not responded to my CCA request in any way, shape or form. I should really apply for the set aside now but I'm worried that my reasons may be deemed too trivial for the application.

POET has kindly given me ideas on how to word my N244 but I would seriously like some more input. Does anyone know if Laiste is about or anyone else with some legal knowhow.

POET if you have anything else to add, I would welcome it.

deedee

[payingonlyencouragesthem]

Deedee not receiving the summons and not being provided with the paperwork which you need for your defence are not trivial matters at all - they are grounds for set aside. Scroll around for Laiste and PM her - she is very busy at the moment but will respond.

Good luck,
POET.