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snooziesuzie

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  1. Just to update Received cheque for £25 from capquest on tuesday 21st oct via special delivery (this was just within the 14days) Capquest have since the court hearig have sent two more letters demanding payment and threatening legal action ZZZZZzzzzzzzzzzzz I have requested a copy of their complaints proceedure and am writing letters of complaint to all and sundry! Will keep you posted on any other contact. Kind regards Suzie xxx
  2. I'm sat here wondering what do I do next with regard to my set aside.... (Sorry I don't know how to put the link it here but its a thread by me and says WON at the end). Do I just forget the whole thing and hope capquest just go away now? (hardly likely I feel considering they are still sending me letters threatening legal actiondespite already taking me there) - Do I still try and get the correct information from Cap One and Capquest depite them both still being non compliant in case I need it in the future? I certainly want to make a complaint about capquests behaviour in trying to collect on this debt - where do I start on that (trading standards etc ?) and what do I need to highlight in this letter (do I send capquest a copy)? I very much want to write a complaints letter to capquest pointing out that despite them writing to me threatening legal action on Monday, Ive already been to court and the judge set it aside so bog off harrassing me! Any suggestions on how I word that politely? Do I get a letter from the courts confirming the set aside? Do capquest get a copy or do I send them a copy if I get one? How do I go about checking my credit file? (Never done it and have no idea)! And finally (sorry!) - in real terms what does a set aside really mean? I couldn't get it set aside as being statued barred because capquest didn't bother their arse showing up and so the judge wouldn't consider that so will capquest try again do you think? Do they go down the same route again or do they try another track like a ccj? (again I have no idea whats appliable and how that works or if its an option for them to try). I'm moving to Southern Ireland to live in 4 weeks and was hoping to have an end to all this crap before I went but I can see this isn't really an end at all - I'm renting out my house to some of my family while im gone. I will have the same phone number and obviously some of my mail will come here before its posted on to me in Ireland - am I better telling capquest my new address in Ireland (rented) or say nothing? I'd hate to have to come all the way home again to go to court again (especially when the tight fisted judge didn't think my return fare was a worthy expense last time)! lol Anyway as always I really appreciate all your help and advice. Thank you everyone, but especially 42man for all your support. I will be sending the £25 costs from capquest to the CAG libel fund - seems fitting somehow Suzie p.s how do I tip scales ???????
  3. I received a SD from crapquest in July for an old cc I had with cap 1. I disputed the debt , sent cca and sar requests to both (no deed on assignment - no statements - no list of charges - no cc agreement etc etc) - told both they had been non compliant etc. set aside hearing was this week and judge set it aside and awarded me £25 costs - he wasn't really interested in listening to anything I had to say about caquest using sd's as a debt collecting tool despite them not bothering their arses to turn up and to stop sending me threatening letters to take me to court! Not sure of my next step and not sure if capquest will continue with their action. if you want any other details, email me or search my user name to find my threads (sorry new to this and don't know how to link it direct) suzie
  4. Thanks everyone for the congrats and well wishes! Sorry if I sounded offish in my last post - I think all the emotion, stress and sleepless nights caught up straight after the hearing I was more annoyed with the judges lack of interest than him not granting high costs against capquest. I was both annoyed and releived capquest didn't turn up. It never was about the money for me. I've have had to invest plenty of time and money into making a defence for the set aside hearing when capquest get away with the price of a 2nd class stamp and then my £25 costs ------ just shows how unfair this whole system is when its used as a debt collection tool primarily! Anyway - no more whinging on that - time to look forward. So I'm sat here wondering what do I do next with regard to this set aside.... Do I just forget the whole thing and hope capquest just go away now? (hardly likely I feel considering they are still sending me letters threatening legal action) - Do I still try and get the correct information from Cap One and Capquest depite them both still being non compliant in case I need it in the future? I certainly want to make a complaint about capquests behaviour in trying to collect on this debt - where do I start on that (trading standards etc ?) and what do I need to highlight in this letter (do I send capquest a copy)? I very much want to write a complaints letter to capquest pointing out that despite them writing to me threatening legal action on Monday, Ive already been to court and the judge set it aside so bog off harrassing me! Any suggestions on how I word that politely? And finally (sorry!) - in real terms what does a set aside really mean? I couldn't get it set aside as being statued barred because capquest didn't bother their arse showing up and so the judge wouldn't consider that so will capquest try again do you think? Do they go down the same route again or do they try another track like a ccj? (again I have no idea whats appliable and how that works or if its an option for them to try). I'm moving to Southern Ireland to live in 4 weeks and was hoping to have an end to all this crap before I went but I can see this isn't really an end at all - I'm renting out my house to some of my family while im gone. I will have the same phone number and obviously some of my mail will come here before its posted on to me in Ireland - am I better telling capquest my new address in Ireland (rented) or say nothing? Anyway as always I really appreciate all your help and advice. Thank you everyone, but especially 42man for all your support. I will be sending the £25 costs from capquest to the CAG libel fund - seems fitting somehow Kind regards Suzie xxx
  5. When my £25 costs cheque comes through from CRAPQUEST - I will send the money on to the CAG..... seems only fitting that CRAPQUESTS money should go to such a worthy cause! And what's the betting the wealthy backer is a DCA like CRAPQUEST who have far more to gain by the CAG being out the way the the actual person sueing for libel???!!!
  6. Ok well Im back home in one bit after court hearing for set aside. Really peed off and angry despite the judge setting is a side - am I supposed to feel elated I wonder ???? I just feel cheated and disappointed Ok a run down from the beginning. Got to court well early - bag of nerves but my 'mckenzie' friend did a good job of making me breath and try to relax. I looked at everyone coming in to see if anyone from capquest was there but after checking with the usher was told they hadn't come! Eventually got called into see the judge. His welcoming words were: "Good morning, come in but its hardly worth you sitting down" Great start I thought! I tried to pass the judge the copy folder of all the documents I had photocopied but he immediately said he wouldn't need it , without even looking at it!! Basically he said he was happy to have the matter set aside. He told me it didn't make any difference what title was on the SD from capquest and wether I disputed it or not. He said capquest had every right to pursue me legally to reclaim the money. He also told me that even if a cc agreement was over 6 years old it wasn't automatically statue barred if a payment had been made since then, the 6 years would start again (which I already knew anyway)! he couldn't grant the statued barred because he only had my word for it and no information from the other side! Basically he tried to dismiss us then straight away - I questioned wether it was fair for capquest to use the legal system to aid debt collection and did he realise the stress it caused - but he really wasn't at ALL interested. I asked him what I should do next with regard to disputing this debt and he said capquest will probably press on with getting the money back and so I should think about a bancruptcy hearing! As he was trying to get us out of the way I asked him if he would award us costs - I'd done the normal 15hours research etc, cost of photocoping for him and capquest (total waste of time) cost of postage and postal orders for CCA and SAR, faxes, flight home early (£17) etc - total was £177. He had no copy of my costs despite me faxing them yesterday and the usher telling me earlier they were on my file. I passed him another copy. He said there was NO WAY he could sanction 15 hours research - I told him straight away it was WAY more than the 15 hours and would have been much more if I had got a solicitor instead of representing myself. He said the most he would give is £25.... yipppeeeeeee. So there we go - nothing changed really in effect because capquest will still be back at me (letter yesterday saying they are starting proceedings again). SO really they can act above the law and cause misery and stress and hardship when judges like the one I had this morning let them away with it, can't they?? Sorry for the long vent -full of mixed emotions - mainly frustration, anger, disappointment - I hate injustice of any kind and the way people like capquest cause so much stress to other people without even bothering to stay within the law really gets my goat! I guess some people would see this as a victory - but I can't see it changing much now the judge didn't upheld it being statue barred. Not sure what to do next - just know my health will not allow me to go through all this stress again even if I believe the cca is unenforceable. Any suggestions what I should do now, bar have a very big drink and a few painkillers for the whopping headache I have? Suzie xxx
  7. thanks for 42man! wish I had some of your positive vibes - I'm a bag of nerves and practically no sleep last night Oh well - hi ho hi ho its off to court I go xx
  8. Last update before the moment of truth! Managed to fax costs and defence details through to the courts - shame I couldn't afford to fax capquest a copy so they will have to wait until tomorrow. why is it we have to be upfront and defend our position, do all the running, go to court to get the application set down for hearing and then prepare everything when capquest, once they have posted the SD, do nothing - they don't even have to acknowledge that the case has been set down for hearing or if in fact they are even bothering to turn up before the actual time for the hearing - how is any of that right and proper and above all fair???? Anyway - caught a late evening flight back from Ireland ready for court tomorrow to find capquest had sent me a letter. This letter, despite all my recent communication with them and the courts, is from the litiagation department and even though they must know this alledged debt is still in dispute (why else would you have a court hearing tomorrow) they (and I quote) say "thrust that you will take this opportunity to contact us and save yourself possible expense of litigation and the problems that any litigation in which we were sucessful would possibly cause to your credit file". Apparently NOW is the time to avoild the litigation process - Should I fax them and tell them to check the date on the calendar maybe ????? LOL Wish me luck - will update tomorrow how it went. Suzie xxx
  9. OK just rang the court to find out about faxing the costs across - so going to do that as soon as I get dressed! lol The court official said technically I should have sent copies of ALL documents I was going to refer to in my case into the court by now and I should have also sent a copy of everything to the other side! Has anyone else done this??? Do I really want capquest to know my defence in advance just in case they decide to turn up???
  10. Morning 42man - thanks for the reply! I didn't know I had to get the costs to the court BEFORE the hearing!!!!???? Is it just costs you should do this with or the whole case notes I have prepared ???? I thought I could just take them along with me and give them to the court offical before the hearing - is this not the case?? I'm in Ireland at the moment and not returning home until tonight!! What are the implications of not getting the costs to the judge before the hearing ? Any suggestions ??? Suzie xxx
  11. My Defence In Response To The Statutory Demanded Posted By Capqquest 29th July ‘08 I believe this alleged debt is statue barred and have clearly stated this to Capquest (see page 5 dated 6th Aug). I believe the last payment was made in 2000/01. I believe the alleged debt has not been verified, validated, substantiated or proved by either Capquest or Capital One. I am completely incensed by this action as nothing has been served on me, just an frivolous demand sent by unrecorded post as opposed to it being sent by recorded post which I believe is the minimum requirement. (see pages 2 - 4 dated 29th July) Capquest & Capital One have provided me with NO *enforceable credit card agreement Capquest & Capital One have provided me with NO notice of assignment Capquest & Capital One have provided me with NO default notice Capquest & Capital One have provided me with NO monthly statements Capquest & Capital One have provided me with NO breakdown of charges etc * I believe the cca is unenforceable because it was improperly executed. There were NO terms and conditions attached to where I signed the original agreement on 26th May 2000. Since then, on receiving my Subject Access Request, Capital One have forwarded the CURRENT terms and conditions (dated 20.01.04) which, in my opinion, is both unlawful and deceitful. (see pages 30 -39 dated 16th Sept) I have tried to contact the person named on the statutory demand, but when I telephoned Capquest their agent refused to put me through (to Johanna O’Keefe). Also my partner rang to discuss this matter on my behalf, with my full authorisation, but again Capquest refused to discuss the matter with him. I find their behaviour to be obstructive, threatening, and intimidating. Even when Capquest knew this matter was disputed (and had been scheduled for a court hearing), they continued to demand payment from me with the threat of further action if I didn’t comply by the 22nd September ‘08 (see page 26 dated 13th Sept) Capquest has not given me any indication that they are not wanting to continue this action despite me pointing out to them numerous times that the alleged debt was in dispute and statue barred.So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. As nothing has been served by Capquest I believe this to be an abuse of process under the Insolvency Laws. I can only assume that this action by Capquest is both UNLAWFUL and HIGHLY VEXATIOUS. Therefore I would respectfully ask you, the Judge, to make a judgement confirming that this case is (1) statue barred and (2) the cca is unenforceable. Finally, I would respectfully request that the court imposes suitable sanctions on Capquest for their vexatious litigation which is considered an abuse of the judicial process. Is this ok to take into court and give a copy to the judge????? Any comments/suggestions much appreciated as I only have tomorrow to get this right thanks again suzie x x x
  12. Thanks VERY much for your reply surfaceagent - I REALLY appreciate the help! I think the nerves are beginning to kick in as I try and get everything ready! xxx
  13. Just preparing all the paperwork for my set aside hearing on Tuesday 7th - I'm a little nervous and stressed sorry! I have a few questions/queries - hopefully someone can help. Later on/tomorrow I will post my defence and would really appreciate you guys having a quick look at it and let me know what you think . 1. Is serving a SD by post (either 1st or 2nd class) allowed legally? Are there any legal requirements about the process of serving these SD‘s? - should it be personally served on you and posted only as a final process when all others have failed? (legal definition of the service process? Affadavit of service with courts? Anything I should point of here that will be useful in proving they have acted unlawfully?) 2. The SD was from capquest - when I CCA’d them they sent nothing that resembles a CCA. However after this I also sent a cca request to capital one who then sent back an alleged signed CCA (with incomplete/added/amended separate CURRENT t+c’s which are very much NOT attached to my signature and dated 4 years later ) - So, do I bring up this information at court and let the judge know that its my belief that this CCA from capital one is unenforceable and therefore not legal OR am I better off saying nothing and just go with the rubbish capquest have sent me??? 3. Should a default notice and/or a deed of assignment been attached to the SD? Neither cap 1 or capquest have sent copies of either to me despite my requests. 4. I am photocopying ALL correspondence so I can give a separate copy to the judge - should I do a 2nd copy for capquest ? 5. Is it helpful to include copies of the CCA 1974, Limitation Act 1980? Anything else you would deem useful so it at least sounds like I know what Im talking about!!!!! Lol 6.Finally, Capital one have stated in their last letter to me that they are not obliged under section 78 to provide me with a copy of notice of default and statement of default (which was issued on 13th Jan 2001) - is this correct legally? 7. I suppose the one BIG question that keeps sticking in my mind is, even if I manage to get this SD set aside is that REALLY the end of the matter or will it keep coming up again either with capquest or with another DCA and I have to go through this all over again (I have enough stress and ill-health in my life without knowing this is all likely to re-appear at any time in the future) Would really appreciate some quick replies as time is running out and I am desperately trying to cover all the bases! Really appreciate all the help and information I have found/been given here and probably would have been harrassed/scared/pushed into paying this alledged debt by now if it wasn't for this forum! Kind regards Suzie
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