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Everything posted by SL8R

  1. Well you can change the title as WON.... Didnt win costs , but it was Set Aside... although it was a different judge. Tbh, i think the judge just wanted to get home for the break.... he was totally against any of the proceedures or anything brought against him, regarding this matter. All he did was questoin my motives. (are you trying to to use technicalities to get out out of this debt, or is there a reason?) I was so angerey.... never heard so much crap from anyone, especially a judge (senile i think). Everything was going down hill till i quoted S78, then he rulled against them and dismissed the case... Their Solicitor asked if it was within law to issue a 2nd SD on the same account, he said they could ? i argued at this point was ignored, and he said it was a possibility ? Personally i think the Law sucks, and Companies like these thrive on it like leaches...
  2. Well after all the waiting and calls to the Court, the case has been given another hearing.... I recieved a letter saying: Upon an applicant by the Applicant for an order that the Statutory Demand issued ...... be set aside. And upon the Respondant not having complied with the COurt Order made. The DJ ...... The court has found the Respondant in Contempt. The Court also Orders that. 1. The matter be relisted on ........ 2. The Final date of hear is ...... 3. The hearing is set for 10 mins. Any thoughts about this? The other side (CQ)have not even bothered to reply to court, after Barry was Summoned to explain his ways...?
  3. A Statutory Demand can not be made again against this debt, so sit back and wait for your cheque...
  4. Well done ..you won. You may not have won your full costs, but you won
  5. So am i to be honest.. I could be wrong, but in my eyes, the fact that they asked for an adjurnment to compile a defense, indicates that they had no case to begin with. Their case was infact just a scare tactic to try and bully payment for this disputed debt. They have no intention in forcing bankruptcy (according to their solicitor), so the whole case has been brought with total disregard for the Insolvency Act Guidlines.
  6. OK, i have spoken to the Court Manager, and they have looked at the case details and ruturned the case to the Judge for immediate actioning... Also had confirmation from the Court today to confirm the case is being processed now and will be heard soon.
  7. Thankyou for the advice. I shall try to speak to the court manager on Monday.
  8. Alot of views.... but nothing in return - makes me wonder !!!!
  9. From what i have read on the forums, and from my own experience of CQ, they are full of it. They will try and bully people, then back down when faced with someone who is prepared to stand up to them.... bullies and cowards. However they do scare and harrass people who have not yet found this site....
  10. I have come to the point where i am sick of these bullies, i will fight them all the way now.... there just bullies and self oppinionated egotistical morons - trying to prey on people, threatening allsorts, but in actual fact they can deliver very little...
  11. Well the Court has not heard from then since last appearance.... Any ideas on how to force them to Court ?????
  12. Well i have spoken to the Court, and they have not heard from CQ.... So guys how can i force them to court now and proceed with this - Any ideas ?
  13. I would contact them again and try to explain the situation. If your account is still frozen, they have to tell you why it is frozen... You will find Ebay and Paypal are a law unto themselves. If you can ride out the storm, wait until you get your money and claim statutory interest from them ?
  14. Haven't heard a thing from the Court or CQ. Still waiting for new court date to be set... I think i might well phone Court today.
  15. Sorry for the delay, I have been away. Anyways, arrived in good time for hearing. There was no one else around, then 2 mins before hearing their Solicitors turns up. In the Court waiting room they approach me and say they have received no documents from the Court and as such will be asking for an adjournment. They then asked me why I was disputing the debt etc.... I told them everything was in my affidavit. There solicitor said it was not unlawful to sell, act upon or take action against a dept if it was in dispute... “well that’s what we are here find out isn’t it" I said. I was then asked for my address and phone number as they didn’t seem to have it, so I said that this just confirms my affidavit and that they have issued this SD without any information or proof (they don’t even have my address or phone number). In the Court the Solicitor asked the judge for 35 days to complete a response and argument. The judge wasn’t too happy and asked me if I received mine. He then said that he thought it strange and asked why people cant communicate with CQ, he looked at me and said "I believe you also have had problems trying to contact this company" - yes I said "I have phoned several times with no effect and also written numerous times also with no effect"... judge raised their eyebrows and looked at Solicitor. The solicitor then asked the court to pay their fees as the court didn’t send documents; the judge just said I will see you in 21 days. The judge has allowed 21 days for them to sort their lives out. So to me this means that they have indeed issued this SD with absolutely no proof of debt, no paperwork, no information about my address ect (which would obviously be on the original paperwork), and against all regulations, also saying they received the Courts summons, but not my affidavit... (course not). To Be Continued ………………
  16. Well that was an interesting afternoon in Court.... Case Adjourned :jaw:I will elaborate more this evening when i have time
  17. Well, just a quick update... all papers served and Schedule of Costs sent to Court and CQ today - hearing is on Friday. So far the Court has heard nothing from them.... i was hopeing to meet Barry in person :/ Anyway, the Schedule of Costs is in and i will be there for the case to be heard on Friday....
  18. Hi i have been posting in the Debt Collection Forum, but have been advised to post here aswell to get help.... I recieved a Stat Demand from capquest regarding a debt that has been in dispute for with the OC for along time. The debt was sold on whilst in dispute and a Stat Demand issued by CQ, but was sent to wrong address etc.... Original thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/265319-capquest-stautory-demand-6.html My question is should i send a LBA, or something else prior to the hearing (set for September with a duration of 1hour). I need to make them disclose what evidence/documents they will be relying on in court... Many Thanks.
  19. Long time with no updates, but Court Papers recieved today. Hearing set for Sept for a duration of 1 hour.. Am i correct in thinking that Capquest have to supply me with everything they will be relying on in court, or would a LBA be better to get them to disclose everything they have ? I need to get my defense written and expenses worked out.....
  20. Alot of DCA's act unlawfuly, so that in it's own essence makes them involved. Not only that but the way debts are sold off and claimed against VAT, then sold to these **** (for pennies in the pound) and these companies (debt collectors) try and claim the full value of the debt back..... surely this is money laundering, or tax evasion at the least ?
  21. Hi, just a quick update. I still have not recieved Court Papers so i called the Court this morning and the hearing is set for Sept and it is for 1 hour. The paperwork will be with me shortly im told..... The number on my SD was an 0871 number, but i have the direct number for their Legal Services...01252 576436, alas Barry still wasn't available in his own office
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