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Everything posted by Dibsthefrenchie

  1. Thank you for changing the Title, it's a pleasant sight! The Judge looked at CapQuests statement and then asked me to address each of the points raised; Capquest purchased the debt from Capital One, I haven't had a copy of the Assignment: the Judge did not have one either! I have received a copy of the Agreement: I have actually been sent a copy of the Application & post dated T&C's, the Judge checked the copies sent to the Court, exactly the same! I have never requested a copy of the Agreement: I produced a copy of the letter requesting a copy of the agreement, and also the
  2. I am in the process of re-claiming charges from a credit card account, the account has been sold on to a DCA I am unhappy with the collection practices of this particular DCA, (unusual I know) the thought of payment being made directly to them is not a pleasant thought, so, my question is this; has anyone claimed back charges and had the money refunded directly to them and not to the DCA? I should make it clear that I am not trying to avoid paying this debt, but they are an unpleasant, unscrupulous bunch and as such, will have to work for their money on my terms! Dibs.
  3. Tiglet, thank you for your support. PT, thank you for the information on Hammond's, it sum's up my situation brilliantly. I have spent hours searching for anything and everything that supports my case, and that one snippet is perfect! Dibs
  4. Hi Beanpole, Thank you for all the information, it's really appreciated. The court date is in the next fortnight. I have searched the net and read and re-read the forums, have even bought a debt advice book! I feel confident about my argument, but nervous at the thought of attending court, will be so glad to get it over with. I found your thread extremely helpful, so a big thank you for that. Dibs.
  5. The legal reasons are in the statement, not particularly accurate ones, I just wanted to highlight the absurdity of Capquest stating that it is not a genuine defence as it's been "copied from the Consumer Action Group website". The copy statement sent to me is unsigned. I do have another thread for this, but just wanted to bring it to the attention of people who feel intimidated by Capquest. Capquest are refusing the set aside on three points: 1. They have denied receiving a request for a copy of the Agreement or statements, despite my having evidence to the contrary. 2. I used the
  6. First of all, Hello & Welcome to the Litigation team at Capquest, perhaps you should read more threads on CAG and actually learn something. CAG members who have received a statutory demand from Capquest and are attending Court for a set aside, may be interested in this part of Capquest's statement of defence:- I have seen mention of this on another thread, part of which is copied from gilly5001 below:- "They also suggested that I didnt have my own defence merely a copy of one from this website and they had sent a photocopy of a defence posted on here. I again explained
  7. Hi Vikki, Sometimes it just helps to express your feelings in writing, and maybe it puts things back into perspective a little. I have been in a very similar situation to you, quite a while ago, and I remember the way it made me feel, we even had the electricity cut off for a short time, that really felt like the end of the world, but of course it wasn't. Advertising on Freecycle sounds like a good idea, hopefully you will get a good response. What ages are your children?, it's possible someone on Cag has some possibly unworn, or no longer fits, clothes that need another home. I assume
  8. I had a similar problem and contacted the Police, they have an internet fraud department, an officer called at the postal address and my money was refunded by Paypal.
  9. The letter also mentioned a statement sent to the court, as follows: We enclose herewith a statement of ......., who has been working on the Application to set aside Statutory Demand within the Litigation team at Capquest Investments Limited. I have faxed Capquest for a copy of the statement, not that I believe it will hold any extra information, but, I would still like to see it. I also made complaints to FOS, OFT and TS, on receipt of the statutory demand, so will print copies for the Judges perusal. Thanks again 42man.
  10. Well said 42man, i'm glad you are on my side! I intend to copy all my evidence and have a skeleton argument in place, and I most certainly do intend to make my contempt for Capquests abuse of the system known. Dibs
  11. Hi Tiglet, Thank you for your reply. Capquest did contact me previously to Scotcall, and it states quite clearly on all the correspondence from Scotcall that their client is Capquest. I have not received a copy of the CCA, the letters sent to Capquest stated that the account is in dispute and has not been resolved, the SD was sent in usual post and the entire debt is made up of charges, if all that fails and the Judge does not grant a set aside, then I shall immediately pay the £19.01 to reduce the amount outstanding to less than the £800 debt required for bankruptcy.
  12. I have received a copy of a letter sent to the court by Capquest, as follows:- We acknowledge receipt of the Application to Set Aside the Statutory Demand. Upon reading the application and the evidence in support it appears that the evidence in support of the application shows that there are no grounds upon which the Statutory Demand should be Set Aside. We do not consider that there are additional matters upon which we will be able to assist the Court at the hearing of the Application to Set Aside the Statutory Demand. In view of this, and with a view to saving costs which coul
  13. I have received a court date in December, had really hoped that I would not have to attend a hearing, and now feel concerned that maybe my argument is not strong enough as the SD has not been set aside.
  14. I phoned the court today and they have confirmed receipt of the Notice of Discontinuance, but have advised that I still file a defence, stating that I dispute the whole debt, the reason why, and that the matter is now closed. The advisor stated that even with a Notice of Discontuance if you don't enter a defence, the claimant could still go for judgement, not a pleasant thought, so I will take the advice and file my defence today! Still a bit shocked by that though.
  15. TS are very interested and requested some copy documents, so fingers crossed with that one. I phoned the court and they have a nine day back log, probably due to 1st Credit & CapQuest, so will chase that up again next week, but i'm not too concerned as I have plenty of time and also the Notice of Discontinuance from 1st Credit. Thanks again. Dibs.
  16. I agree with you 42man. I just hope that they receive plenty of complaints and are compelled to act, i'm sure these DCA's would clean up their act if one or two of them were to lose their licence, please!
  17. I have received replies from Trading Standards who are looking into my complaint, and the OFT who have sent the following reply: Consumer Credit Act 1974 (the Act) Complaint against: 1ST Credit Finance Ltd Licence No: 474343 I am very sorry to hear about the difficulties you have been experiencing however, the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers. The Consumer Credit Act 1974
  18. I have amended my original defence and this is the draft copy, suggestions anyone, please. Dibs.
  19. Thanks 42man, I would welcome any suggestions to the content of my defence. Dibs.
  20. Good morning 42man, This is the correspondence that I intend attaching to my request: Dibs.
  21. Brilliant advice, CAG is entitled to the costs, thank you both. Dibs
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