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Mr Bear 79

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Everything posted by Mr Bear 79

  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 refut
  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
  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
  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
  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 1
  14. To bring the thread up to date..... I have not yet received a response from the County Court despite applying to have the SD set aside on 9th August. I have, however, received another letter from Connaught Collections, dated 12th August, which has just reached me. It reads.. I write to inform you that we are now in a position to present a Bankruptcy Petition aginst you following the recent delivery of our Statutory Demand. As you have chosen to either ignore the Statutory Demand or demonstrate an ability to pay the sum claimed, you leave us with no alternative other than to
  15. Yes, I just noticed that she had missed the deadline of 18 days since receipt and felt she would need advice on that aspect.
  16. Today I have been to the County Court and applied to have the SD set aside. What a stressful and demoralising experience I purposefully didn't go into huge detail when stating why I wanted to have it set aside, I just kept it to a couple of lines re disputing some of the potentially unlawful charges, as advised above. The lady I spoke to at the Court didn't want to accept my forms at first, as she said the information was insufficient so I had to add a little more with no other paperwork with me to refer to. I put that I was not sure the debt had been legally assigned to Connau
  17. I have just been reading through this thread as I have a similar situation ongoing with 1st Credit and Connaught. I have not seen anyone mention it yet, but you state earlier that you received the SD on 17th July, and as of today you haven't applied to have it set aside (I know there have been reasons). It would appear that you are out of time, 22 days as of today and 25 by the time the courts open again. Maybe somebody can advise Shannon16 on this aspect aswell, I am not sure whether the courts will accept the documents outside of the 18 days and am not qualified to advise.
  18. Apologies for not responding sooner, I wasn't well early part of the week and haven't been on the thread. I didn't ever request a copy of my CCA, as it had been so long since I had heard anything about this debt from them or anyone else. That would now seem like a sensible next step. I'm taking my paperwork to the County Court shortly and will post an update later.
  19. The quickest thing I can do tonight is quote the exact wording from Part A of Page 3...... ----- Appropriate Court for Setting Aside Demand Rule 6.4(2) of the Insolvency Rules 1986 states that the appropriate court is the court to which you would have to present your own Bankruptcy Petition in accordance with Rule 6.40(1) and 6.40(2). In accordance with those rules on present information the appropriate court is (YOUR LOCAL COUNTY COURT.) Any application by you to set aside this demand should be made to that court. FOR CONFIRMATION OF YOUR RELEVANT COURT, OR IF YOU BEL
  20. Hopefully this will be ok? (although it might be a bit big).
  21. I think I've found a way but I need to have made 5 posts before it will work, hence this one
  22. I have scanned my SD as requested. Is it possible to tell from my scan whether in fact it is a legally issued SD and whether they have issued the SD properly. I would really like to deal with this on Monday as time is relatively tight but I'm really not sure what I should be doing to get this set aside. If anyone could help I would be very grateful.
  23. This is the SD I received..... If there is a way of inserting it better on this forum please advise.
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