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carman

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About carman

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  1. Cheque received and banked, sent silver service too - that must have really hurt. As promised I've sent a contribution€.
  2. Went to court today and I did specify the amount I was looking for as an indemnity award. CapQuest had already agreed that they couldn't defend but I went along anyway to claim my Costs. Well, I've been awarded 4 figures but the judge expects CapQuest to appeal!! I suppose I'll find out in the next 28 days. For anyone else that wants to go for costs I got this from the hearing: I sent in my award for claim for costs by fax and the Clerks' Office lost it; check with the court before you travel or the judge may not be expecting you. Also bring with you proof that y
  3. This is excellent advice but I have just one more question. When asking for an indemnity award do you ask for a specific amount or is its size(if any) at the discretion of the Judge?
  4. Will do, especially as the office next door to mine unveiled a shiny new plaque today, "Office of Fair Trading" !
  5. Thanks, so loss of earnings is possible against a frivolous case? That might explain why CapQuest are employing double talk by trying to get me to drop the hearing so they won't claim costs AGAINST ME!
  6. CapQuest had issued a Statutory Demand for Bankruptcy, I applied to have it set aside and CCA'd them for proof. They haven't been able to find anything and are now getting pretty obnoxious about my hearing date; saying they are happy to withdraw without charging me, its going to make it worst for me in the long run if I don't cancel the hearing etc.. I'm happing to go along with it and indeed I think the Clerk of the Bankruptcy Court wants me to as he and the judge are getting "pretty fed up with CapQuest"! I want to present a request for costs and would very much appreciate any
  7. Hi everyone. Capquest have been chasing a rogue (its not mine honest!) Amex debt. They've tried a Statutory Demand, which they withdrew and have admitted they can't find (yet) a CCA. I have given them 28 days to remove all Credit Reference Agency submissions but they refuse to comply. I have recently been refused a credit card upgrade which has made me very hacked off but, I am preparing legal papers to enforce removal but need cases, reasons etc Any help would be appreciated.
  8. This is the bit I don't get about SDs. One can be issued without registering it at a Court so if they say in writing its been withdrawn itsn't that the end of the matter? How could they proceed with a bankruptcy hearing if they've withdrawn the SD? I'll write and ask for confirmation.
  9. Latest update: I wrote to Connaught explaining that first contact being insolvency demand would not work and explained to them that they had withheld information that I would need to "help them". Explained that I would be getting a set aside unless they withdrew and my personal fees are very expensive. 22/7 Connaught collections wrote that they would withdraw the SD, close their files and return to 1st Credit. I suppose I have to ask someone here is is that simple and can I not now get the original SD set aside and claim some money off them? I also sent a CCA request to 1st
  10. I've just noticed that this signature like the one on my SD is pp'd. Isn't that not allowed under Court procedure rules?
  11. Fantastic answers I will certainly keep the forum abreast of my progress. I was unaware that Bankruptcy can be applied for without an associated debt being heard by the County Court first. This is certainly an inappropriate use of Bankruptcy legislation and I'm not surprised that Judges are not pleased. Because of the nature of my company I get demands for debts I know nothing about all the time. When your name and address are published all sorts of chancers think they can threaten you to admit or payup for a debt that you know nothing about because they know my reputation and financ
  12. Thanks for the reply. So just to check a few things that are not clear on the other threads: A Statutory Demand does not have to name a Court. A Statutory Demand does not have to be served and back dating it(which they've done) and sending in the post is now regarded as OK. Even though they have no proof of me receiving it they can still go ahead. A company can bring a Statutory Demand without ever contacting you before the Demand. You can apply to have it set aside because it is disputed and you have to contact the company for proof of their claim under the CCA
  13. Hi everyone. 1st Credit must have been very busy this week, I have also received a Statutory Demand from 1ST Credit (finance) Ltd for an Mbna debt assigned to 1st Credit. Now I don't recognise this Mbna debt and they have not included any particulars, apart from the sum, in their petition. As I am very angry at being sent an Insolvency Petition when no-one has even contacted me to find out if I am the right person they should be chasing I want to CCA them but also to have it immediately set aside. However when I checked Part A of the Demand that is meant to have the relevan
  14. Seems I should demand proof of account for the credit card but what's the equivalent for the overdraft they claim? Is that covered by the CCA 74 also?
  15. Hi Everybody This case is, I think, so unique that it is too complex for a high street solicitor so I'm hoping that members of this forum might have a few answers for me. My accountant has just forwarded to me 2 letters sent recorded delivery to his address yet in my name! Both letters are from Lowell Financial anouncing that debts have been sold to Lowell Portfolio I Ltd at various dates over the last two years. Both letters are asking me to contact them over the alledged debts. Now why they have written to my accountant and not me is very puzzling, and sending the letters by r
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