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Jaspiro

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Everything posted by Jaspiro

  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
  15. 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
  16. Thanks rory32. can you or 42man please sanity check the attached which will form the basis of my reasons to set aside sdb? The applicant disputes the alleged debt. 1. The alleged debt is disputed by the applicant, as the applicant believes that Halifax Plc (the “Original Creditor”) has been charging the applicant charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires the applicant as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation. 2. The Applicant has informed the respondent that Halifax Plc charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. Furthermore, the applicant believes and has informed the respondent that Halifax Plc charges are a penalty, and penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that Halifax Plc charges do not reflect any actual and or real loss. The applicant has on several occasions (both verbally and in writing) informed the respondent that he disputes the debt as supported by: (i) Appendix 1 – an email to Alastair Macleod of CapQuest on 12th September 2008; and (ii) Appendix 2 – a letter to the respondent posted on 13th September 2008. Non-production of statements 3. The Original Creditor or the respondent has not provided any statements for the duration of the account as requested by the applicant on several occasions. The applicant submits any alleged debts will include excessive charges. Failure to comply with request under Consumer Credit Act 1974 4 The respondent has not provided a Consumer Credit Agreement with the prescribed terms pursuant to sections 77(1) – 78(1) of the Consumer Credit Act 1974 (the “Act”). On 13th September 2008, the applicant requested in writing inter alia a true signed copy of the Consumer Credit Agreement to which the debt relate. The applicant posted the request to the respondent via first class post on 13th September 2008. Thus far, the respondent has failed to comply with this lawful request. Due to the respondent’s non-compliance, the applicant made another request for a true signed copy of Consumer Credit Agreement on 21st September 2008 via recorded delivery. Please see proof of postage. Non-production of default notices 5. The respondent has not provided any default notices to the applicant in the correct manner. The applicant wishes to draw to the courts attention that no default notice required by section 87 (1) Consumer Credit Act 1974 has been attached to the Statutory Demand for Bankruptcy nor supplied to the applicant. The applicant denies that any default notice in the prescribed format was ever received and the applicant puts the respondent to strict proof that said document in the prescribed format was delivered to the applicant. Further or alternatively, the applicant puts the respondent to strict proof that any default notice sent to the applicant was valid. The applicant notes that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) Service of a default notice is a statutory requirement as laid out in sections 87, 88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. The applicant therefore submits that without a valid default notice, the respondents Statutory Demand for Bankruptcy should be set aside as to do so would be contrary to the Consumer Credit Act 1974 Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt. Non-production of a deed or notice of assignment 6. The respondent or Halifax Plc has not provided any notices of assignment. The applicant submits that the respondent has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956]. The applicant requires sight of the notice of assignment of the debt. In addition, the applicant requires proof of service of the Notice of Assignment in accordance with section 196 of the Law of Property Act 1925, which is required to give the respondent a legitimate right of action in their own name since it appears this is an assigned debt. The reason the applicant requests this information is inter alia to clarify the dates are correctly stated on all documents. It is the applicants submission that if there are errors in the assignment it may be rendered ineffectual in law per W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169 Respondent’s contact on Statutory Demand for Bankruptcy cannot be contacted. 6. The applicant has repeatedly called the person named on the Statutory Demand for Bankruptcy (Johanna O’Keefe) to discuss the alleged debt but was refused access without a valid reason. The applicant submits that this is an abuse of process because a statutory demand for Bankruptcy must show a named person or persons from the Creditor or their agent/solicitor whom the applicant can contact directly. This is pursuant to Rule 6.2 of the Insolvency Rules 1986. Ineffectual service of Statutory Demand for Bankruptcy 7. The respondent’s purported service of the Statutory Demand for Bankruptcy by normal post was ineffectual and not properly served. In accordance with Insolvency Service, unless a judge has granted substituted service via an affidavit from a process server, then it is not duly served on the applicant. The applicant submits that the issuance of the Statutory Demand for Bankruptcy is tantamount to intimidatory tactics intended to scare the applicant into paying the alleged debt and an abuse of process. [per Judge Boggis QC - RE AWAN - [2000] BPIR 241 'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. .' - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT]
  17. Thanks to both 42man and rory32. I will read the link and see how other members have dealt with similar situations. Ps, the SDB was posted to me, does that mean it's been duly and legally served? or do they have to hand deliver it? In addition, I've tried unsuccessfully to contact Joana O'Keefe of capquest (whose name is stated on the SDB) several times, I've just been to she's unavailable. Each time I've called, the person I speak to always wants to get me to pay one way or the other, and create the impression that they are only being helpful. By the way, I've sent CapQuest another request for true signed copies of the credit cards. Have a happy new year.
  18. FAO rory32 Thanks for the advice rory32, please see my response in blue. Statutory demands should only be issued where the amount owed is not disputed. Not being able to supply the credit agreement would be a reason to set aside the demand. However in order to give you fuller reasons for obtaining the set aside it would be useful if you could answer the following questions: Are there any charges on these accounts e.g. late payment charges, overlimit charges? Jaspiro: yes there are, and I’ve contested the unauthorised charges with Halifax. I informed Halifax they were penalty charges which are irrecoverable at common law, I’ve also requested my credit card statements for the previous 5 years but Halifax never complied. Have you received a default notice? Jaspiro: I never received a default notice from Halifax although Capquest are alleging in the SDB that Halifax sent one to me. Have you received a notice of assignment? Jaspiro: I haven’t received one. Did you receive a letter before action informing you that a statutory demand would be issued? Jaspiro: I received a letter and contacted Capquest (I was under the impression they were agents of Halifax) and informed them that I disputed the debt. I reiterated that the unauthorised overdraft charges were a penalty and I requested copies of my card statements for previous 5 years. I was advised to put the request in writing and I posted (1st class) the written request on 13th September 2008. Capquest ignored this written request and proceeded with their SDB. How much roughly is the amount claimed on the statutory demand? Jaspiro: £6K When were the accounts taken out? Jaspiro: 2002 - 2003 Are you a homeowner? Jaspiro: yes.
  19. Can anyone please offer some advice? CapQuest (a debt recovery company) have sent me a statutory demand for bankruptcy for debts on two credits cards issued by Halifax Plc. Is there a way I can stop CapQuest proceeding with the bankruptcy petition? In accordance with the Consumer Credit Act 1974, I have sent CapQuest a letter requesting signed original copies of the agreements to which the debts relate. Is this sufficient ground to put the bankruptcy petition on hold? Any useful advice will be greatly appreciated.
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