Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My IL's recently received a SD from Capquest, regarding a very old Egg card, on investigation the debt is now 6 yrs old.
I sent CQ a CCA ,on their behalf, and in return they sent a letter stating the account was now on hold for 28 days followed the next day by a letter of 'supposed' assignment.
I have doubts as to whether this letter of assignment is genuine! They have assured me they have received no letters from egg stating the debt had been passed on, and have never acknowledged the debt nor paid any monies towards it.
I am taking them through to the courts tomorrow to get the sd set aside.
Is there anything else i should be doing for them, as both are scared witless.
If you look at the CAG announcements at the top of this page you will see one flash accross about being threatened for debts over 6yrs old ........ have a read of that in particular the first page and this page http://www.consumeractiongroup.co.uk...#content_start and consider putting in a complaint.
saint
Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Let us know how you get on.
Nothing would suprise me with these two-especially knowing that Citi Financial are now at the helm of Egg....not sure why you sent the CCA on their behalf since its their responsibility to come up with that by requesting it from Egg if they dont already have it.
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Thanks for the replies....
I haven't played my hand regarding a statued barred debt yet, was going to wait to see if CQ could provide the original contract!
have included it in the reasons to have the SD set aside though.
Should i SAREgg as well on behalf of IL's as i'm sure there will be charges on the account, just wondering as this is now an old debt that they just can't afford to repay... now both pensioners!
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
update -
now have a hearing date for SD to be set aside....
so to date:
had a letter from CQ with a 70% discount off the debt..... ????
they have failed to reply to cca
debt is statue barred
SD delivery did not follow guidelines. -No process server, no recorded delivery - just 2nd class post.
no indication as to whether they are intending to show.
on our part hearing docs are ready
costs are listed
suits pressed
guide to taking on DCA's - read!
brave pills - ready
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
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Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
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If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
THANX to all who have helped, not only me and mine, but all the other people who have found themselves in situations similar to ours!
Your words,wisdom and general friendliness have, for us, been invaluable at a time when we thought the world was crashing down.
I think we are ready..... any pre -hearing tips would once again be gratefully received. If I'm honest we are getting a little jittery as we have yet to hear from CQ, they have not acknowledged receipt of the set aside application, well not to us, and we do not know as yet if they intent to show.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
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Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
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CQ never show, just show your distate at them abusing the Insolvency service to try and enforce a debt that is disputed....call the judge sir / madam, be firm but polite...and ask for costs as LITIGANT IN PERSON...
PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
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Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
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hi all
just a quickie.... should i copy all paperwork submitted to the courts to CQ??? have done the costs for them .... I have submitted to the courts, copies of all letters to CQ by ourselves, and complaint letter to the OFT regarding CQ... should i be courteous and send them copies too?
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Re: SD from Capquest-hearing listed ** WON + COSTS **
sure 42
the Judge had read through our defence prior to us going in...
completely agreed with the Statue Barred.
He was less than pleased that we had neither a notice of assignment nor replies to any of the letters we had sent to CQ (and we supplied all letters written by us to the courts prior to the hearing).
He was less than pleased that CQ hadn't bothered to turn up.
And was annoyed that CQ had chosen to issue an SD as a scare tactic, saying that SD should only ever be issued as a very last result as they can be devastating if awarded, and are only ever issued by the courts if there is absolutely no alternative. Not as a means to recover a debt over 6 years old and where procedure has not been followed.
He noted that we had sent a letter of complaint to the OFT, (again we supplied him with copies) stating that in this case they had misused this particular process.
The actual hearing was very quick, i suppose because CQ didn't turn up and hadn't sent an explanation as to why they would not be attending.
I hope this all helps others to go up against any DCA who thinks that this abuse of process is ok. Maybe if we start costing them money in costs they will think twice about it....... mmmmmm maybe.
Well they now have 14 days to pay costs. Wonder if they will be more forth coming with payment than they were with my CCA request
SD from Capquest-hearing listed ** WON + COSTS **
card, on investigation the debt is now 6 yrs
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