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About Baldyone

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  1. don't worry that is a definite, whether I get this set aside or not I will be getting in touch with OFT, surely they must be snowed under by now with the avalanche of complaints... so in regards to the above case, if CQ didn't petition does that mean that uteb has not been made bankrupt yet ? Baldy
  2. Hi Ruth101 I have been following your thread, as I am in similar situation to you. I am interested in any updates you might have? Baldy
  3. The thread that details the case that was lost, including an appeal. What happens next in a case like that, 'uteb' states that there has been no petition forthcoming...what does that mean? http://www.consumeractiongroup.co.uk/forum/showthread.php?300010-Capquest-statutory-demand-set-aside-LOST!/page2 Thank you Baldy
  4. Thank you 42man I will include that in the defence, for what its worth. Once I have finished typing it up, is there any way you could have a peek at it, just to make sure I am on the right track? Baldy
  5. Hello, Further to my last post #29 would someone be able to respond on this? Also I have trie phoning the number on the SD to speak to Barry Davies, it immediately goes through to their normal answering service where none of the options would be to speak to said Mr Davies. Should I even bother to speak to one of the operatives to try and get throught to him? I will be due to taking in my forms to the courts on Monday with a view to having this SD set aside, I am still extremely nervous about this, it has to be said. Baldy
  6. Ok, thank you, I have read a few of the other threads along the way and in the main, most of them are either statute barred or have irregularities of some nature or another. Very few that I have seen are simply won on the basis that CQ or other hideous companies have abused the bankruptcy system and have not followed the code of conduct (whatever that is) and issued the default notice or assignment letters or even tried to make contact to simply try and get the debt paid off or work out a repayment plan. To a certain degree, this is my concern that my defence hinges in the main on finding
  7. Thank you 42man for getting back to me. Can you confirm a few things for me please, this thing about petition stage, I assumed that CQ had already filled for Bankruptcy and I had 18 days to apply to get this set aside? Is that not the case? If I apply to the court within the 18 day period to have this SD set aside and CQ don't send in a petition within the 21 days for bankruptcy, what happens then ? Do the courts plough on with the case regardless because I have sent in papers to try and have my case set aside? I am a little confused about this process. Also this 18 day deadline
  8. Thank you SF, I appreciate all of your help. As for a defence, all I can say on this is that at no time have I received any notice to say that CQ had been assigned the debt, I never received a default notice either from the OC or from CQ. As yet I cannot put forward a defence regarding the fees and charges on the creditcard as I have only just CCA'd CQ and SAR'd the OC, furthermore once I have received all the papers from them I will know whether they can provide me with a copy of the original agreement.... Thats as good as it gets at this point which isn't fantastic Is it looki
  9. Thank you all for your input. I am more than a little uncertain now as to the best way forward. If I were to try and negotiate something with CQ, what do I ned to do about the SD ? Surely the deadlines are still in place and CQ could follow this through anyway.? If I did decide to apply to have the SD set aside, I will have to attend a court hearing, where I will be at the mercy of the Judge, who mighr be having a very bad day, but the only defence arguments I can appear to offer at this time are that CQ have used an SD in a frivolous and malicious manner which is a gross abuse
  10. Well I like many others can't dispute that I ran the debt up and yes I stated that point right from the beginning, of course if possible I do not want to end up bankrupt, however I am also unable to come up with enough to even pay 50% of the debt, although I could offer monthly installments, but bearing in mind my current lack of funds I would not be able to offer much. What I don't quite get at this point, is that CQ are clearly abusing the system to pressure me and all the others into something they don't want to do right now, I need this to be put on hold for the short term to allow m
  11. Well that last reply sort of flies in the face of the previous advice given...and leaves me a little nonplussed now...can anyone counter that argument? Thanks Baldy
  12. Thank you. The Letter was dated 11th April and I was not at the house until Sunday 15th, when I found the letter. So timescale is getting a wee bit tight, although I am not panicking yet as I would be able to deliver the papers to the Court personally. Baldy
  13. Thank you 42man, I have been reading the thread below, which you have been involved with, http://www.consumeractiongroup.co.uk/forum/showthread.php?346419-Cap-Quest-Statutory-Demand-just-received-Advice-please&highlight=capquest It has in the thread that you would suggest sending a CCA to CQ...what is this and will I need to send a postal order with this also ? In addition the witness statement, a little bit of help with this would be appreciated, I think. Sorry to be a pain. Thank you Baldy
  14. Thank you 42man for the link, I have had a good read of that thread and it seems very similar to my case, indeed the SD letter is almost identical and therefore pointless me scanning my one and attaching to this thread. Yes I am up for the fight so to speak as I certainly don't want to give in to CQ without at the very least giving them a run for their money. From what I have read so far would I be correct in saying that I will need to send off a SAR to both Halifax (the OC) and CQ ? and also send into the courts or if time limits do not allow the post then personally take in to have
  15. I can't deny that I ran up the debt, so how can I dispute it ? What possible defence could I use. I do not recollect having received a D/N but that obviously doesn't mean I didn't. The original debt was for around £6,500 and with fees and charges/interest the debt is for £7399. Yes I do own my own home, which is mortgaged. If they knew this would CapQuest simply attach a charge to this property rather than make me bankrupt? Baldy
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