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sequoia

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About sequoia

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  1. Should I just apply to set aside then and just state that it's SB as a defence? Thanks.
  2. Yes, I received one over the weekend. I texted the number on the letter and explained that I was going to apply to set aside again. He asked me to let him know when I had submitted the papers.
  3. Hi, got the SAR docs from Capital One. They sent me two letters, one saying the enclosed cheque was not made out to Capital One and another saying there was no cheque enclosed. The cover letter with the SAR said they waived the fee as a gesture of goodwill. There were 3 payments made after the Court judgement date, just within the 6 years. When I mentioned this to my wife she told me that she remembers paying them (she said she used her online banking account) because she paid off her Cap1 credit card and was going to pay mine off too, but for one reason or another she forgot about it. I contacted our bank and they said that they should be able to confirm who made the payments, although they only hold 7 years records in the branch they could make an inquiry which takes 10 days. Considering I have had a letter from the court Bailiff, should I apply to set aside again, leaving the burden of proof on Mortimer Clarke to prove the debt is not Statute Barred or can I say I am waiting for further information from my bank? Thanks...
  4. I phoned the Post Office and gave them the voucher number from the Postal Order receipt: They told me that it had not been cashed; It was in the envelope that Capital One had signed for, so they received it. I checked Cap1 data controller's address on the ICO website to make sure I had sent it to the right place. Contacted ICO via webchat: They said I am entitled to see any data that Capital One hold and advised me to write to them and demand the information. If I do not received a prompt satisfactory response I should then lodge a formal complaint with the ICO. webchat is good because you get a transcript emailed to you along with links for information. I am going to write to Capital One complaints resolution/SAR team in Nottingham and demand that they reply regarding their SAR failure, as advised by ICO. I supposed 14 days is reasonable to expect a response. Should I send a copy to Mortimer Clarke so that they know what is going on? Thanks again....
  5. I will phone Cap1 tomorrow and get a letter written. I have the receipt for the Postal Order so I could do with finding out if it as cashed. Thanks for your help....
  6. This is the copy of the court order Mortimer clarke sent me.... hopefully if I uploaded correctly. judgement order.pdf
  7. I did ring them but they passed me onto Cabot. I told them that I had confirmation that they received the SAR but they just told me that they had limited information and I needed to contact Cabot. I have a camera on my phone , I could take a photo then put it as an email attachment, then save the attachment to my computer....I think.
  8. I cannot scan the document that's why I could not upload it.... I still have no SAR from Capital One . I haven't been on the ball really, should have been a bit more proactive but have been helping my father in law since he had a stroke. Is it worth contacting Mortimer Clarke again to see why they ignored my letter?
  9. Sorry for my ignorance, but would Northampton and my local court both have information on whether the original judgement has been reinstated. I'll phone them tomorrow. The copy Mortimer Clarke sent me says (on what looks like an official court document) that I did not serve a fully pleaded defence within 21 days. I did contact Mortimer Clarke within the 21 days but they did not reply to my letter that I sent. I suppose I should have gone back to court and used the fact that they were unable/unwilling to provide the information I needed as my defence. why is it game over? can I not force them to give me the information they are basing their case on? Sorry I cannot upload any documents at the moment.
  10. hi, think i jumped the gun a bit... Got a letter from Mortimer Clarke with a copy of the Court Order saying the judgement has been reinstated because I did not comply with the Court Order, in that I failed to file a defence. Apparently, they are keen to resolve the matter without the need for further court action and they have included a payment proposal and income/expenditure form. They also say they will enforce the Judgement Sum if I do not reply within 14 days. I wrote to Mortimer Clarke after the hearing using CPR31.14 . They confirmed that they received my letter when I phoned them up, but I have never received a reply from them. I also SAR'd Cap1 but have heard nothing. I have nothing to file a defence with. will I have to issue an N244 again, they must know that I cannot file a defence and they are just trying to scare me but they are wasting the court's time.
  11. Hi, just a quick update: After the hearing I wrote to Mortimer Clarke under CPR31:14 to gather information so I could file a defence. I also informed them that Cap1 had not complied to my SAR. I also phoned them a few days later and they confirmed that they had received the letter but nobody from that particular department was available. I told them I could not file a defence with no information.. . they asked me to phone back. I've heard nothing from Mortimer Clarke or Cap1 . I checked my Credit File: The CCJ and Default have disappeared. There is no mention of Cabot either.
  12. Went to the hearing... Judge read the letter from Mortimer Clarke that they had received that morning. Informed me that I had until Sept 21 to file a fully pleaded defence as per Mortimer Clarke's draft Order, for the judgement to be set aside. Also they amended that the matter be stayed for six months in order for both parties to reach a settlement, to three months because six was,'way too long'. Just waiting for Capital One now. SAR'd them on Aug 14. I won't be able to file a defence without their information. AM I correct in thinking that if I deliver a suitable defence and the judgement is set aside, that Mortimer Clarke are looking to settle out of Court? I was a bit confused by the judgement being set aside... I assume that this cancels the Court action but Mortimer Clarke can issue another claim if they want to (I suppose it depends how good my defence is), although they are asking for the matter to be stayed in order to reach a settlement at the same time.
  13. Wow that was quick... When I phoned Capital One said they had no account information and although they had a record of my details it was very basic. The SAR should throw something up. Thanks
  14. Hi, Unfortunately I did not get around to SAR ing Cap1... Lots of family health problems so I kept putting it off, which really is the wrong thing to do. I received a Bailiff letter (Notice of Issue of Warrant of Control) from the local Court. Phoned the Bailiff and told him I intended to apply to set aside. He said to phone Mortimer Clarke and see if I could make an arrangement with them as they are usually very helpful. He said they are one of the better ones. He phoned me the next day asking if I was still intending to set aside as nothing had been received at the court. Luckily I had just posted my application and he said he would not take any further action (which was a relief). Notice of Hearing of Application was set for Aug 29 later today. I have not received anything from CAP1 SAR (they are still in time) so I was going to request more time as I have nothing to form a defence. I received a letter on Tue 28 Aug (day before the hearing... they could have sent it a week ago at least) from Mortimer Clarke: It confirms the application to set aside and says they are prepared to agree to set aside the judgement on condition that I file a fully pleaded defence within 21 days. They further request the matter is stayed for six months in order for parties to reach a settlement. They also respectfully excused themselves from attending court in order to save costs. They included a Draft Order confirming the above and cancellation of registration entry as long as I file and serve a fully pleaded defence within 21 days. Do I still need to go to the hearing, or will I be just wasting the Court's time? Many Thanks.....
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