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Ariesi64

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About Ariesi64

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  1. Well I go the SD set aside. Cases were running late so betime I went in I felt sick. The Judge tbh wasnt interested in anything I took with me, he just read the avadivit, read the capquest letter, asked what grounds I wanted to set aside, I said they dont have any documentation, he then read out the part about capquest not opposing if no costs, he then looked at my costs, cut it right down as he only was interested in what I put on the avadivit (I had 3 files of paperwork in front of me, he dissmissed it all) came out with I think £30 costs which is more than I had when I went in.
  2. Sorry but im still a bit confused. Im still unsure wether I have to send a copy of my costs claim to capquest, I just read this from this post http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/215808-6hrs-later-still-struggling.html#post2377768 "Its not correct to say you dont have to serve Capquest with anything - you are required by the Civil Procedure rules to serve upon them a copy of your cost estimates 24 hours before the hearing. Equally, they need to do the same to you. So if you get nothing from them by Monday then they cannot claim costs for attending."
  3. Thankyou so much for that!, that helps a lot. One more question, the only real costs I have is the time spent researching (I dnt work in the day, I walk to the court etc) so I just apply for that. I know i have to put my costs to the court 24 hours before, but do i have to send to crapquest also my costs? how do i send it if so, fax, post or what? I really dont want them to get it till as close to the 24 hours as poss. I dont want to fax (they dont have my number) or email (threy dont have my email!!) thanks )
  4. Hi all, just a quick question. Im due in court this week to aply to set aside, Capquest say agree without costs etc... My defense is 1) Issused the SD without ensuring it was delivered correctly, no prior contact etc (it was delivered by first class post) 2) Using the SD route for debts without other routes first (they can't issue SD for these kind of debts unless they have obtained a CCJ against you. Its an abuse of process) ? - this bit im unsure about, I understand this should be the very last phases in debt collection, not the first? 3) Issuing SD without having the corr
  5. Quick update, court next week to apply to set aside, still no CCA yet. A letter from Cap today, enclosed a copy of the letter to the court, saying they dont have time to gather the required information so quote "we ask the aplication is granted but with no order as to costs" It also goes on to say that they anticipate subsisequently obtaining the information saying debt is due they will proceed with a claim in the county court which I then have an oppertunity to defend. first - what will happen now if I apply for costs, will they turn up and fight me? second - does this mean th
  6. Today recieved a letter back from CapQuest - they have requested the the forms from Citicard and will forward them on when recieved. Hmm, my understanding is shouldnt they have had these forms BEFORE they could lawfully issue the SD?
  7. i.e does the agreement contain the prescribed terms ? which agrrement? is it executed ? - Mine was sent fisrt class post with nothing prior to this and it seems that could be dodgy is the default note compliant ? Was it ever sent? - I dont remember ever recieving a default notice penalty charges ? - loads of interest on the debt has been added notice of assignment from original creditor ? - dont ever rememeber this either, just remember CapQuest letter out the blue saying they now have the debt. They sent me copies of all my statements with a printout of interest add
  8. Hi. Well I sent the letter recorded delivery monday morning stating they havnt supplied me with my agrement etc, (I hope the wording was correct), as yet no further reply from CapQuest. I have today recieved a letter from the court, my hearing for the set aside is the second week of september. What do I need to take with me to the court hearing please, now im totally lost. Im defending I think in the fact of still no compliance with the cca but what happens if they do supply it? Really desperate for advice thanks
  9. Sorry for bumping but an someone please check the letter I have written above in reply to the non compliance of the CCA request as I need to send it tomrrow so want to be sure the wording etc is correct Thankyou
  10. Hi and thankyou for all the responses. OK I have drafted this letter to send when the 12 days expire, but im unsure if its 12 days from when I sent the original CCA request or when they received it? From the letter they sent it seems nothing more is coming my way from them reguarding the CCA request. Can someone please look over this letter and tell me of any inaccuracies I have missed as im still unsure of what im doing. ------------------------------------------------------------ I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY Re: = Dear Sir/Madam You
  11. Hi and thankyou for the responses and the corrections to my post. Update, today I have recieved a large envelope from Capquest. This debt I now know and have made recent payments in the last couple years. I stopped paying it when they kept increasing the monthly amount until I really couldnt afford to pay it. Enclosed was a letter stating they have enclosed the documents as requested and my account is on hold for another week or so. In the envlope is copy statements, thats all. There are no copies of any of the documents I have request apart from the statements. The staements
  12. Hi. Ive been trying to learn the ropes on this site after recieveing a Bankruptcy threaten letter dated 21st July, recived 25th July sent to me first class. I have sent a CCA letter to CapQuest requesting further info with my £1 PO and had a reply that my account is on hold for 28 days while they gather the required info (I also asked at the same time for statements listing all payments debits credits charges etc on the account). I have also applied for the Sd to be set aside, my papers are now with the court. The debt relates to an unpaid balance on a credit agrement dated 0
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