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Jaspiro

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  1. well done and congrats sorrylittlelot. Apologies I haven't had time to follow nor conribute to your success!!!! I have been off the CAG site for a while as I've had to fight another battle which I'm pleased to say I won with cost.
  2. Hi loudebt, firstly, you need to apply to set the SD aside within 18 days of it coming into your hands. the appropriate forms to set aside are forms 6.4 and 6.5. I or someone will point you in the right direction for the forms shortly. secondly, you need to start thinking about grounds you wish to use to set aside e.g. you dispute the balance because of unlawful charges applied to the account, if you haven't paid or acknowledged the debt in the last 6 years then it could be statute barred (although you mention that you'd offered lower payments to capquest, this could be deemed as acknowledging the debt). there are several other grounds you can use to set aside... you may have to peruse the site a bit more to get more info. goodluck
  3. The Registrar actually took up the offer of the calculator and used it. J
  4. Thanks to everyone for your kind comments.. I'm happy to share my experience to other cagers in a similar situation to mine. J
  5. ROUTE TO SET-ASIDE I have to acknowledge the help and assistance of Rory32 and 42man without them I couldn’t have succeeded. This particular DCA in my opinion are an iniquitous lot, they caused my family and I immeasurable stress. I disputed the alleged debt several times on the phone, via email and letter and despite them not complying with my lawful request, they proceeded to issue a statutory demand. I wrote informing them that they had breached their obligations by not providing the CCA and other requests under the Consumer Credit Act, and I received a condescending letter stating that they had requested the info from the original creditor and my account would be placed on hold out of the kindness of their hearts. They also stated that they would be withdrawing the SD and I shouldn’t bother setting it aside (I didn’t believe a word of that). The court sent them my grounds for set aside to which this DCA wrote a defense statement stating that my grounds for set aside were not genuine, not my own and that I had plagiarised it from the CAG website. They asked the court to disregard my grounds, grant the SD, and allow them as the creditor to petition for my bankruptcy and the pièces de ré·sis·tance ‘we will not be attending the hearing to save cost’. (Whatever happened to them telling me not to bother setting the SD aside?). Anyway, date of set-aside hearing, I wore my best suit and was quietly confident as I’d prepared a skeleton argument that would form the basis of my argument. I prepared triplicate copies of all my supporting case law and statutory evidence. When I arrived at the court, the clerk asked me whether I had legal representation to which I replied no. She said the registrar was nice and pleasant, wished me luck and ushered me into the Registrar’s Chambers. The Register’s first remark was “applicant in person”? to which I said “yes Sir”. The Register asked where the Responded was to which I replied they have obviously shown the court the same contempt which they’ve shown me throughout my dealings with them and couldn't be bothered to attend. At this point, the Registrar was fuming and asked if I’d seen the DCA’s prepared statement which I replied yes. The Registrar finally asked what I would like the court to do…. Without much prompting, I said firstly, I would like to present my case and secondly, the court should strike out the SD or set-aside and award cost. The Registrar said the court will grant you exactly that and said something along the lines if they can’t be bothered to attend court… and present their grounds for granting SD, they don’t deserve one. Happy days… I got my set-aside and the Registrar said I was entitled to my COST. Cheekily, I offered the Registrar my calculator when he was totting up the figures. I couldn’t thank the Registrar enough. Anyone in this position should persevere and don't get bullied or intimidated by these DCAs.
  6. Thanks 42man... how do I change the status of my thread to "WON"? Ps, I'll be making the donation asap. J
  7. Hi emma8485 - notwithstanding anything you're told by Connaughts or 1st credit, make certain that you apply for the Stat Demand to be set aside within the 18 days as the last thing you want is for either of them to obtain the bankruptcy order by default. Of course they will conveniently forget to inform the court when petitioning for your bankruptcy that they had advised you that the CCA will be late in reaching you. Jasp
  8. Thanks docman... I really appreciate your guidance and the attached letter. I will try to scan the defence and upload from work next week. Thanks again.
  9. Hi nowayjose... any update? I'm in a similar situation with Cabot!! ta.
  10. Thanks pt2537.. I take it as my thread is in the right forum?
  11. Thanks stephen7 and silverfox1961. pt2537 where can i find this new thread?
  12. HELP PLEASE!!! A firm of Solicitors acting on behalf of Arrow Global LLC who are the alleged assignees of MBNA the original creditor is suing me for an alleged debt of circa £4K. I received the POC from the solicitors that alleged certain matters chiefly the following (my defence in italics and bold): 1. I entered into Credit Card Agreement with MBNA which required equal monthly payment; (Jaspiro: I admitted entering into a credit card agreement) 2. that Arrow were assignees of MBNA (Jaspiro: I denied knowing Arrow were the assignees of MBNA as I didn't receive proof of assignment) 3. that MBNA may claim and recover all charges (Jaspiro: I denied that MBNA may recover all charges) 4. that a default notice was served on me. (Jaspiro: I denied ever receiving a default notice or one being served on me) I admitted in the POC that I owed part of the alleged debt (circa £2K) but disputed that it was not the £4K stated as the £4K was essentially made up of unfair charges etc, which are tantamount to a penalty. I stated that penalty charges were irrecoverable at common law. PS, I HAVE SENT A SUBJECT ACCESS REQUEST TO MBNA. I recently received the allocation questionnaire, which I’ve completed and returned to my local County Court. On 21st December, I made a request of the true signed copy of the credit card agreement pursuant to sections 77-78 of Consumer Credit Act 1974. IS MY REQUEST TOO LATE? The solicitor reckons it is as I have missed the opportunity to do so pre trial. CAN I INSIST IN COURT THAT MY REQUEST UNDER THE CONSUMER CREDIT ACT IS PRODUCED AS PART OF DISCLOSURE? I have also been in contact with the solicitor (without prejudice) and made an offer of £2K in full and final settlement, which Arrow have accepted subject to paying this in full. I told the solicitor I do not have that kind of money as I have other debts and responsibilities etc. WHY ARE THEY AGREEING TO £2K FULL AND FINAL SETTLEMENT? COULD IT BE THAT THEY DON’T HAVE THE ORIGINAL CCA? I ASKED THE SOLICITOR IF THEY HAD THE ORIGINAL CCA AND SHE RESPONDED THAT IT WOULD BE IN HER CLIENT’S ARCHIVES. MAKE OF THAT WHAT YOU WILL!!! The solicitor suggested I send her a post-dated cheque for a £500 before the court hearing and I told her that I was uncomfortable doing this, as Arrow would most certainly set-off this amount against the alleged debt and pursue me for the remainder. AM I RIGHT TO BE WARY? Having found the CAG website and being more knowledgeable, I now know that the defence I filed with the court could have been stronger. CAN I APPLY TO THE COURT TO CHANGE/VARY MY DEFENCE? AND CAN I DETAIL ALL THE DOCUMENTS I INTEND TO RELY ON TO DEFEND THE CLAIM AND ASK THAT SAME BE DISCLOSED TO THE COURT AND ME? I will really appreciate any advice please as I’m desperate. rgds Jaspiro
  13. Goodluck gwyther. Keep us updated with any news on your full and final settlement offer. Rgds Jasp
  14. Hi all, Just thought I'd introduce myself and thank everyone who've posted on the site. I've been reading and learning how to deal with DCA's in general and in particular CAPQUEST who are currently the bane of my life. 42man and rory32 have both responded to a threat I started and 42man has helped with sanity checking my reasons to set aside a Statutory Demand for Bankruptcy (SDB) issued by CAPQUEST. Capquest are claiming to have bought a couple of debts pertaining to 2 old credit cards I previously had with Halifax. I have informed capquest on the phone and via email that I am disputing the debts. However, they threatened me with bankruptcy proceedings. I foolishly requested a CCA by 1st class post on 13th September 2008 which Capquest have denied ever receiving. I have since learnt to send every correspondence to capquest via special delivery. On 20th Dec 08, I received an SDB from Capquest signed by the elusive Johanna O'Keefe. The SDB stated that the bankruptcy petition will be held at Slough County Court which I attended today to make enquiries and swear affidavit only to be advised when I got to Slough CC that they don't have jurisdiction to entertain the bankruptcy proceeding. The court employee kindly gave me a letter to confirm our conversation and state that the relevant court is the High Court at the Strand in London. I made another request for CCA on 21st Dec (this time via special delivery) which capquest have acknowledged via letter received today informing me that my account is now on hold for 28 days in order to comply with my CCA request. I phoned capquest and they advised me not to bother setting aside the SDB as the account is now on hold...however, I don't trust them and I will be swearing the affidavit tomorrow and file the 6.4 form at the High Court in London. regards jaspiro
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