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About nmj73

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  1. Went court today - Capquest never turned up so Judge immedialty set aside !!!! I asked him about costs - he awarded me £60 as he said my claim was excessive i'd put 17hrs for work on docs + 1/2 hr for hearing and an hour waiting/travelling. He said although I was a litigant in person, he would only award me 5 hrs on documents as thats what a lawyer would have taken on it! on the way back I thought I should have said Lawyers cost's would have been £60 ph so I was still cheaper but didn't think/ have the balls to say it at time!! A really big thank you to everyone at CAG for helpin
  2. I have now got a court date of 20th may and a response from capquest to the court: "We do not accept that the debt is not due, but in view of time considrations and use of the court's time we ask that the application be granted but with no order as to costs. If, as we anticipate we subsequently obtain information which enables us to prove that the debt is due, we will proceed by issuing a claim in the county court which will allow the applicant the oppurtunity to defend the claim" seems good news to me! a couple of questions though: do I still attend court? Shall I still
  3. ty - I've added a bit to it re case law etc. I went to the court earlier to pick up the forms. there doesn't seem to be anywhere near enough room to handwrite it all in. the files i've found online are pdfs and won't let me paste into them? is there anyway around this please? plus I dont have a printer so need to save it and email it to a friend to print off. Neil
  4. bump! also do i add the bit about costs being awarded on the end of the affadavit? ty,
  5. Hi can someone have a look at what i'm intending to put in the affadavit please? only got a day or so to get it in! ty, Neil I dispute the alleged debt. The alleged creditor has not supplied a valid agreement that contains the prescribed terms as per Consumer Credit Act 1974 Under section 78 (1) of the Consumer Credit Act, A formal written request for any true copies of signed consumer credit agreements was sent to CapQuest. via recorded delivery on the 07/04/09 (see attached document 1) to date they have not sent any copies of any Consumer Credit A
  6. plan of action I've come up with: CCA capquest first thing tomorrow - I'm confident either they won't have any credit agreement or if they do it wont be enforcable - will be four days before my set a side needs to go in when their 12 is up. so just time to get sorted. Use the defence re incorrectly follwing procedures for assigning debt as well. Right course of action anybody? ty
  7. The particulars of debt are: "The debt relates to the unpaid balance of sums due under Credit agreement dated made between Mr ***** and capital one bank limited in respect of credit card number *********** the agreement terminated upon the failure of Mr ***** to comply with the terms of the agreement and/or a statutory notice of default served by capital one bank ltd. The rights and duties of capital one bank ltd passed to the Creditor pursuant to an assignment dated 06 Nov 08 The total amount due as at the date is £5000 which includes intrest of 0.00 which has accrued since the
  8. Thanks for the thread to read 42man - I'm not sure how it works in realtionship to mine though? (I may well just be being thick though! ) I want to dispute that they can produce a valid ca signed by me and that either the notice of assignment or stat demand weren't served correctly (I think?) whilst the other thread is where there is no debt in the first place? ty, Neil
  9. Thanks for your help - its much appreciated. Neil
  10. after a lot of reading none seem to be exactly like my situation but i think my application for a set aside could under three things: Stat demand not served properly - can't find record of default notice and delivered by post. CCA - in nov 2007 received unenforacble agreement from capital one - I've never CCA'D Capquest directly or told them capital one didn't comply is it too late to cca capquest? Charges - there may or may not be illegal charges on the account, I don't know? too late to find out? ideas comeents would be great! ty NEIL
  11. ok ty both for that - i'll have a good read up!
  12. Hi all, I have received a stat demand by post today - I've been reading up what to do but seems some conflicting ideas and i'm confusing myself. The debt is £4900 from a capital one credit card. I sent them a cca request 10/12/07 and the document I got back didnt comply (not dated, not signed by myself or them) and have kept the correspondence, so I've just ignored it. passed on to capquest so ignored them until now! What way is best to procced please? Neil
  13. Rory, Thanks a lot i'll give that a try. Neil
  14. Hi. Wasn't there a sticky about what to do if the bank's charges are swallowing up your benefit? I've looked everywhere but cannot find it? NatWest has charged me £38.00 yesterday for bouncing a dd for £37.62. It has taken me £38.00 over my overdraft. my incapacity benefit goes in the bank on tues and £38.00 will be swallowed up. is there anything i can do short term rather than just apply for the charges back as i could do with that money now? Any help would be much appreciated. Neil
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