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About tigs68

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  1. ok i have received a letter from the original creditor, the postal name and addy were mine then it started Dear Mr xxxxxxx (nothing like my surname and i am female too) stating they will be forwarding the information i have requested. I have also emailed Scotcall explaining the SD was issued prior to their letters and that i understand its an abuse of inslovency practice to try and collect while awaiting the set aside hearing, that it was set aside and i have applied for a SAR, they have thanked me for my email and are closing the account and returning it to capquest as it is still in dispute. A very productive week for me so far. tigs
  2. Ok have sent off my SAR on friday recorded delivery and a £10 postal order includedto the original creditor. Today i received another letter from Scotcall giving me 10 days to reply to avoid possible further action, these are the same dca that contacted me fon behalf of capquest while we were waitng for the set aside hearing. How shall i reply to this letter. Any help most appreciated. Tigs
  3. ok 42man will get right on to it. Tigs
  4. Ok i have clarification today in a letter from the courts, the SD has been set aside...........so thats some good news i think what can capquest do now? Tigs
  5. the words she used where adjourned but i think she ment set aside i was in there a couple seconds, totally confused, i will ring the courts tomorrow. tigs
  6. i wasnt allowed to ask anything so not a happy person ...............roll on the summons and i will be fighting................grrrrrrrrrrrrrrrr
  7. Well i'm not a happy bunny ...................got to court judge called me in told me she had a letter to say they werent turning up, that when they have their evidence together they will issue a court summons and i can either pay it off or wait for the summons,case is adjourned, thankyou for coming goodbye. So what a waste of my time and my energy, i didnt even get to say a thing. Tigs
  8. Ok wish me luck folks, the Judge wants me in court even tho Capquest are not going to be there, costs sorted and evidence and arguement ready..................................plus plenty of deep breathing being done. Tigs
  9. Well Folks this morning i have received a letter from Capquest and i shall copy a paragraph here: "we do not accept that the debet is not due however in view of the time considerations and use of the courts time we ask that the application be granted but with no order as for 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 clain in county court which will allow the applicant the opportunity to defend the claim. There are no additional matters upon which we will be able to assist the court at the hearing of the application to set aside the sd and in view of this and with a view to saving costs we therefore ask that our attendance at court on 25 jan2010 be excued and that this letter should be placed before the district judge as an explanation of our absence" I have called the courts they have had a copy of the letter and are going to ask the judge if i need to attend. Thank you all for your help Tigs
  10. Ok a bit more help needed here: This is my defence i am writing up at the mo: The statute demand i received was my first knowledge of this debt being sort after. I also have here a copy of the requirements imposed by OFT in a simliar case. Capquest are still in default of my request for a copy of my agreement, they sent me a copy of the application with no relevent terms attached, included with the screen print of the signed slip i received a covering letter stating i would receive a notice of assignement as of yet i have received nothing. The debt is barred by the Statute of Limitations act 1980, in their reply was that a payment was made of ....... on ........, i have here copy of my bankstatement for that month with no amount that matches theirs being paid out. (do i have the right to blank out the payees off of my bank statement and just leave the amounts payable) they havent shown any evidence to support their claim. I have since requesting the set aside hearing received from ............ a debt collection agency acting on behalf of capquest to collect the above mentioned debt, i have that here with me, ( i feel there is something i should put here but not quite sure, as i thought it might be an abuse of process) I have also not received a valid default notice. Feel free to suggest things to add or remove, any suggestions greatfully received. Tigs
  11. Ok thanks 42man i have quite a bit to be getting on with i'll get onto it today and if i hit any probs i'll be back lol Tigs
  12. thanks 42man, this is a supposed catalogue debt, do i have to apply for costs? can i also use the fact i havent had a notice of assignment, and what should i take to the hearing with me appart from something to steady my nerves. Tigs
  13. OK HELP guys i have my hearing in a week and i dont know what i should be taking and saying and what points i should be using. Tigs
  14. An update on this, i received a letter from Fredrickson today saying they have been instructed to take no further action and have closed the file............is that it then. So thankyou to everyboy who has supported me i couldnt have done it with out you. Tigs
  15. Ok thanks hungrybear can i use this at my hearing another nail in the capquest coffin. tigs
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