Jump to content

Mr Bear 79

Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral

1 Follower

  1. Yes. Did this 3 months ago, along with CCA request.Nothing forthcoming yet, although their witness statement claims they have been requested from the orginal creditor.
  2. I've done plenty of reading over the last few months and wasn't particularly worried until a couple of weeks ago. When it's your own case and the date is getting nearer it's hard not to feel anxious though.I guess you're saying there's no chance of them turning up and to stop worrying? Surely occasionally they do actually follow these through? The default still shows on my CRA file as it was issued some time after the last payment was made. It's the date of this payment I need to ascertain so, in the absence of a statement, I'm not really sure how to present this to the judge.
  3. In April I received (by post) a Statutory Demand from Capquest in relation to an old credit card debt. I applied to have this Stat Demand set aside within the prescribed timescale and have a hearing scheduled imminently. After receiving the Stat Demand I requested from CapQuest a copy of the CCA and statement of account, (neither has been forthcoming) and once their permitted 12+2 days had elapsed I notified them in writing that the account was in dispute. I didn’t hear any more from them until a couple of weeks ago, when they sent their own witness statement attempting to refute each and every one of my grounds for set aside. It does rather give the impression they believe they can succeed on this. Further to this, I have received another letter encouraging me to call them and discuss the matter. So my first question really is whether this gives any kind of clue as to whether they actually intend to attend court and see this through, or whether it is just a final throw of the dice to get some kind of payment from me? Not sure how relevant distance is but I’m not exactly local to their office Hampshire, it would certainly be a full day out for them. Another dilemma I have is that I believe the debt may be Statute Barred but cannot be totally certain without seeing my statement of account. My feeling is that the six years has now passed but there is a slight possibility that we’re not quite there. How can I present this aspect to the judge if I haven’t received the information? Presumably they will only be interested in definite facts but would the onus be on me to prove it’s Statue Barred or on CapQuest to prove it isn’t? My worst fear now is that CapQuest turn up at court, bringing with them a statement that shows it’s not Statute Barred. I wouldn’t have a great deal of confidence in myself to successfully argue the finer points of Insolvency Law, therefore what I previously thought were fairly solid grounds to have the Set Aside granted might not actually be.. Would really appreciate some help please.
  4. Received an SD from Capquest in April.Applied to have it set aside and hearing set for July.Sent CCA request to Capquest but not received (after 21 working days now). They have sent Notice of Assignment and that is all.Not started a specific thread on mine (can do if it would help) nor complained to the OFT yet.
  5. Also, could anyone possibly suggest why they might deem my application 'misconceived' before dismissing it? And whether the court will elaborate on this ruling or is that likely to be all I'll get?
  6. Bankruptcy is definitely something I have considered, although there have always been two significant reasons why I have tried to avoid it if at all possible (the primary one being my employment or future employability). I'm just puzzled by the CC decision not to suspend the judgement, which effectively means that they expect me to pay £250 per month despite proving to them that I have no income, and also that they expect me to find almost £4000 to bring the CCJs up to date, despite proving to them that I have no savings. In other words if you have a CCJ and then lose your job your only option is bankruptcy, which seems odd given that the return to the creditor would be much higher if I can have the CCJ suspended until I return to work and can resume payments. I am inclined to think that bankruptcy is now my only option but would seriously appreciate any further advice or opinion.
  7. Update : I've just had a response from the CC regarding 1 of my CCJs (still waiting to hear on the other). It simply states 'Upon reading the N245 application of the defendant it is ordered that... 1) Application misconceived, 2) Application dismissed. It goes into no more detail than that, therefore what exactly are the implications of this judgement? I had sent in a covering letter and some related correspondence that explains my position as per post #1, ie that I am over 12 months behind on this judgement as a result of being unemployed, my income from the state doesn't even cover my rent, and that I have no savings. What exactly am I supposed to do next?
  8. Nothing with any significant re-sale value but plenty with practical or sentimental value so I'd be very loathe to have anyone come in picking and choosing.
  9. I'm no expert on this but after not having made payments on either of these CCJs for over a year am I not likely to be at risk of court bailiffs entering my property? Or bankruptcy proceedings?
  10. Thanks for the advice so far. From the comments it would seem that I need to be dealing with Northampton County Court on both of these Judgements, rather than my local CC or the DCAs. I'm going to write to them today regarding the N245 I have already paid for, and request a separate N245 for the other CCJ. It's just frustrating that having already done one of these several months ago I have not had any kind of response and the pressure on me is increasing at a rate of knots. I will post any updates here.
  11. In late 2006 I was issued with two separate CCJs, both by Northampton County Court in the same month and both in relation to the same bank. The two amounts collectively came to over £40,000, and were derived from two loans, one credit card and an overdraft that had all fallen into arrears. After the making all the payments as instructed for over a year I was then notified that I was to be made redundant in early 2008. At first I didn’t act on these CCJs hoping that I would get back into work quickly and be able to catch back up. During this time I received two visits from the bailiff from my local County Court who left a brief calling note on one occasion (re CCJ2). I also received one letter from this bailiff (Warrant of Execution re CCJ2). By spring 2008, and having not got a job within 3 months, I then telephoned Northampton County Court who sent me an N245 (just the one) and instructed me to ask for the payments to be deferred. I completed the N245, put both reference numbers on, enclosed my £35 cheque and returned it to Northampton County Court with a covering letter (again stating both reference numbers). The cheque was banked within just a few days. After hearing nothing back for several weeks I telephoned Northampton County Court and was told that the debt had been referred back to my local County Court as it was in arrears, and that they were unable to deal with it. They were unable to comment on whether it was they who banked my cheque. I then telephoned my local County Court who claimed that I would have to deal with Northampton County Court as the CCJs were issued by them. This was now summer 2008, I was still unemployed, and had not made a payment on either judgement for 6 months. By this time I was also receiving letters and phone-calls from Allied International Credit regarding CCJ No 1, and Credit Security Ltd re CCJ2. Having not got very far with telephoning the two Courts I decided to write to each of them, and sent a copy of my letter to Allied International Credit. Several weeks again went by without any response. Now into the Autumn of 2008 I received a letter from my local County Court, explaining that I should have completed two separate N245s and enclosed two separate £35 cheques,. They claimed the delay was caused because I had not put a reference No. on the N245 but this was most definitely not correct (Northampton CC even put one of them on the N245 for me and my covering letter had them both stated). At this point I admit that I sat on things for a little while. I was reluctant to send another £35 to Northampton CC having done so once and not heard anything back, but as winter 2008 approached I was still unemployed and had not made a payment on either judgement for 12 months. Bringing things up to the present day, this month I have received 3 letters from 1st Credit and one from LCS Solicitors, all in respect of CCJ No.1 . They threaten me with further legal action (including possible CCJ) so it appears that they are fairly standard letters. However, the worry of bailiffs crashing through my door at any moment is at the forefront of my mind every waking moment. Since these 2 CCJs were issued I have had dealings with the banks solicitors (to whom payments are made), both Northampton CC and my local CC, bailiffs from my local court, Allied International Credit, Credit Security Ltd, 1st Credit, and LCS Solicitors. I honestly don’t know what to do, or who I should write to. I am still unemployed, and my state benefits leave me £10 per week after my rent has been paid. I can’t afford to spend £35 on another N245 when the first one never got dealt with but I am so worried I can’t begin to describe. Apologies for the long post, but if anyone can help or advise I would be so so grateful.
  12. I think that is perfectly summed up by the letter I have just received from Connaughts. It should also be noted that after over 30 working days they failed to provide a CCA. In a way I'm quite disappointed at this, but at the same time relieved. It would have been a rather perverse pleasure seeing them go to the trouble and expense of making me bankrupt and then getting nothing out of it I suppose I should still attend the Court as I have not had confirmation of this from them, but at least now I have no reason to be concerned when I do.
  13. I haven't posted for a couple of weeks as there haven't really been any developments on this. Since their letter of 12th August, I haven't received anything at all from Connaught. (no letters, no CCA). I have had notification that my hearing to have the SD set aside will take place in the first week of October. Three quick questions if I may..... 1) Connaught have not provided me with a CCA as yet and it is over 12 working days since they received my request. Is it a case of they have to respond within 12 working days, or they have to ensure that I have received it within 12 working days? 2) If they don't provide a CCA by the time of my hearing will it still go ahead? 3) The court have sent me only the most basic information about the hearing (just date and time). Is there anything they expect me to prepare or take with me?
  • Create New...