Bobity
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Wow! Did you have to say all of that in court or did you submit it on paper? I am expecting that I will turn up at court and go through my reasons for a set aside one by one, backing up with the various acts or rulings from other cases that support what I am saying. I am so hoping that the judge doesn't quiz me on the acts because quite frankly the legal jargon is very difficult for me. It's about time these things were written in the language that we speak. I am going to write down what I want to say and take with me all the correspondence that has passed between me and them in case the judge asks to see anything. When onlyme posts me the costs stuff (I'm not sure what can be claimed for) etc I think I will write to CQ advising them that I will claim if successful. Still waiting for the copy of the Default Notice from Egg. I also think that I should have had one from CQ as well.
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Hi I tried to go to your link but photobucket asks for a password. do I need to sign up first?
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Hi thanks for your responses missm and onlyme. It would be great to see your defence and costs onlyme. No sure of what costs can be claimed. I wondered about notifying the other side of my claim for costs if successful - might make them withdraw the case, perhaps this would be determined by how much the alleged debt is? They must have spent far more on chasing this with all the copies of documents they have sent out etc than anything near like they would have paid although I realise they hope to get the full amount from me. Also on the witness statement they say that I have 'neither admitted nor denied the account' 'not admitted entering into an agreement' 'stated whether any repayments have been made' Does anyone know what that's about? There obviously is an account, obviously an agreement was entered into (without prior knowledge of faults) and payments were being made 'til they falsley accused me of not paying.
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Just reading something from nicklee on the property act. CQ have said that a notice of assignment has been sent but that 'he has no entitlement to a copy of the document effecting the assignment or to be told of the consideration for the assignment' this seems to be at odd with nicklees article. It says this on my witness statement from CQ as well!
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Hi miss muppet have read your fab outcome - thanks for the link! It is very useful as your daughter's case does sound similar to mine. They did send me the t&Cs as I mention before - hope that the judge doesn't think that's ok. My agreement also makes ref to a condition not contained within the 4 corners. I think I read somewhere that the letter of assignment should be sent by recorded delivery - don't know whether it not being would count for anything. If it should contain a date of assignor (think that's the date egg assigned to cq, but not sure of the terminology) then it doesn't. Curiously, when I started asking for LOA, one came supposedly from egg themselves some years after CQs claim to have had one. Should I have had a default notice from CQ over this? They say they are waiting for egg to supply one to them, but in this case surely CQ should have sent one out as they are the ones now defaulted on not egg? Anyway, I have never seen one from either. Wish I had you to come speak for me!! Lucky daughter.
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jon888999 vs AK claimform old egg loan ***Settled Via Tomlin Order ***
Bobity replied to jon888999's topic in Legal Successes
Sorry to be stupid - assignor dated? does that mean the date that the oc sold the debt to the dca? Brain is mush have a set aside soon and legal terms are making me think I'm doing the wrong thing going to court with small intelligence! -
Hi The documents they sent me when they responded to my CCA request did not contain the T&Cs. They sent me copies the same documents at a later date and these also did not contain the T&Cs. They only included them when they sent further copies some 2 years after the original request and just before they issued the SD. What constitutes a letter of assignment? Is there a particular form this document should take or is it just any letter saying that the debt is now theirs. All of this legal jargon is getting above me and tying me in knots. I am seriously considering withdrawing and making payments even though I think I am in the right it's just really getting me down. Thing that worries me that they may do the same again and put on loads of interest. They only took it all off because of this fuss i am making, not because they had made the mistake.
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They also say that they sent me 'the original terms and conditions applicable when the agreement was signed along with the terms and conditions applicable when the account defaulted'. Is it possible that the t&cs can be different, and applicable, at time of default from those at time of signing? Surely if different t&c applied, they would have to be agreed. In any case, I don't think I ever had any t&cs, just the credit agreement.
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jon888999 vs AK claimform old egg loan ***Settled Via Tomlin Order ***
Bobity replied to jon888999's topic in Legal Successes
Hi I see that a NoA can come from either party, but what actually constitutes a NoA, I can't seem to find out. Is just a letter from the dca saying they have bought the debt enough or is there a legal format. -
Hi All - in need of urgent advice again please! CQ have written to say that they have received notice from the court of my intention to set aside. They are opposing the application and have sent a witness statement from one of their legal support associates. They say I have misunderstood the requirement for application, that I am simply moving the burdon of proof to them to prove that I owe the debt. The SD was sent by post, they justify this as being ok if service has been acknowledged in writing - which it has, obviously, I have to acknowledge it (to the court) to set it aside. If I scan the witness document (privately if poss because of the detail in it) or write up some of the things that are worrying me could someone please help. In the covering letter they give the opportunity of paying back in installments.
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Hi Just re-reading your thread - in the letter from CQ they say they that they sent you 'original and current terms and conditions'. Can they do that? Surely current terms and conditions have nothing to do with the alleged debt as you wouldn't have seen them or signed them as they weren't in existence? I've had a similar letter, not arguing the point just providing the agreement, t&cs and statements (yet again, third copy {think there is a 4th waiting for me}. t&cs only turning up in the last copy for the first time. I don't believe any terms and conditions were ever sent out to me at the time). B
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Well, the court has decided to hear my reasons for a set-aside, so I'm just waiting now to go to court.
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Hi Silverfox I have had a Stat Demand from CQ which I have applied to the courts to set aside. I am still awaiting a date. I was directed here by Miss Muppet (thanks Miss M) and am adding my thread and am complaining using your template. http://www.consumeractiongroup.co.uk/forum/showthread.php?315062-Capquest-Statutory-Demand I SARed Egg (OC) and they came back to me and said they couldn't locate a valid account using the details I gave. The address from which I was writing had changed but the name and account number were the same obviously. I resubmitted the SAR and explained the change of address and gave the old one as well. They wrote back again and said the address provided didn't match the one on their systems. They asked me to prove the change of address. I find this strange as they sent me a letter, prior to this by 12 months, saying the debt had passed to CQ using the account number but sending the letter to my new address - so they didn't need proof to send that one out! Plus, this letter (from EGG) came more than 3 years after CQ first got in touch with me.
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I hope they withdraw. I don't know what they would get out of pursuing it they know I don't own property.
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Yes, Miss Muppet I will keep my fingers crossed. Wish her good luck from me.
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Thanks CitizenB Just got back from the court having dropped off the documents. Not so bad as I thought. I didn't sign the papers thinking I would have to swear or sign in front of someone, but I could have signed them at home. Just needed to hand them in in person. They required 3 copies, one for court one for CQ and one to send back to me. They said it could be September before it's heard (if it is) and court is very busy.
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off to the court today to hand in my papers! See what happens then. Perhaps they will withdraw...
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Thanks for that Jasper. I am most grateful and my form has been ammended accordingly. I had no terms and conditions supplied to me when I took out the credit card and Capquest didn't supply any with the first or second lot of copies re my CCA request or with the SAR. However, just before they issued the SD they sent me copy of the Agreement, this time it's legible the other copies have been dreadful copy of the terms and conditions in force at the time the credit card was taken out - I've never seen them before copy of the T and Cs at the time of the default ? copy statments Can they supply copies of the T and Cs out of the blue like that when I've never seen them before - they're certainly not signed? Does that give them the right to charge interest. Also, in 2009, Egg supposedly sent me a letter saying that the debt had transferred to CQ in actual fact they bought it in 2005. I've SARed Egg but they say they have nothing.
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hi everyone I have to hand in my set-aside in the next couple of days. I kind of know what my reasons are but don't know if the form is properly filled in. Also, do I make mention that I was paying the debt for a few years until CQ suddenly accused of not paying 2 years ago? Could someone pls take a look and comment? Attached Files Form6-05[1].doc (39.0 KB, 0 views)
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hi everyone I have to hand in my Set-Aside in the next couple of days. I kind of know what my reasons are but don't know if the form is properly filled in. Also, do I make mention that I was paying the debt for a few years until CQ suddenly accused of not paying 2 years ago? Could someone pls take a look and comment? Form6-05[1].doc
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I have read somewhere that the set-aside has to be handed in at the local court in person. Does that simply mean by hand (that my partner could hand it in) or does it mean that I have to take it myself? I don't know where I've read it now, i'm reading so much on different threads I'm getting lost!
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Has your daughter been granted the set aside? I paid the debt until 2009, but when I got the solicitor's letter saying I hadn't been paying - I stopped. I saw this site and that it might be unenforceable because of missing terms; I got a CCA then a Sar and told them I hold the account in serious dispute. They never refer to this but just keep sending all kinds of letters. Some offering deals and others threatening. All I really wanted was for them to say 'sorry, you have been paying it's an error on our part - please resume payments'. I would have.
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Hi Just started reading your thread NQ. I am also dealing with CQ. I've had a similar letter to yours back in early 2010 and have just received a Statutory Demand which I intend to try to get set aside. Is your OC with Egg? Mine is and is from 2000 so is also missing prescribed terms. It's disappointing to hear from others that judges are enforcing these. I don't think I will go to court as I would be terrified and totally brain frozen and be useless with the defence. I also respond to every letter they send out and keep copies. Copies of my CCA seem to from microfiche, I don't think they would be able to produce the original. I have also SARed egg, but they have nothing on their records. Maybe you could try with a SAR to your OC?
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You're so right, it is Barry Davies. I'm a bit confused over the contacting issue - some people say don't make contact if the SD is posted, and others say to try to contact 3 times.
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A further demand? Do you mean another Statutory Demand? Can they do that if it has once been set aside?
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