tastethediff
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Capquest threatening litigation - what to do?
tastethediff replied to JK76's topic in Debt Collection Agencies
Oh and it wasn't sent registered post!!! lol!! -
Capquest threatening litigation - what to do?
tastethediff replied to JK76's topic in Debt Collection Agencies
Now thats what I call a response, excellent work Nicklea, I have some reading to over the weekend now, In my case the assignee has sent me documents(allegedly from the assignor) notifying me of the assignment, it is this I will try and hang them for! thanks TTD -
Capquest threatening litigation - what to do?
tastethediff replied to JK76's topic in Debt Collection Agencies
Nicklea, If I wrote to you saying that I had bought your mortgage from your mortgage company and from now on please make all your mortgage payments to me, would you pay me? The law of property acts states the Assignor (Barclaycard) have to state in writing that the been transferred to whoever to the Debtor(JK76). It’s common sense really Nicklea. I’ll update my Capquest case next week after I have argued this very point in court. TTD -
Capquest threatening litigation - what to do?
tastethediff replied to JK76's topic in Debt Collection Agencies
Hi JK76, Forget my PM regarding the wording of the NOA from Barclaycard, have found it on post #57. As i said I have a hearing next week with these sharks, I'll let you know how I get on. It's amazing how all the NOA's from the Original Creditor that Capquest have bought the debt from all read the same, mmm me thinks it's Capquest writing these not the original creditor. Barclaycard have to write to you, if you can prove it was Capquest that sent that letter then they will not be able to get a judgement. TTD -
Capquest / HL legal vs Tastethediff
tastethediff replied to tastethediff's topic in Debt Collection Agencies
They cannot provide an agreement with my signature on , just a reconstructed one. They have referenced Carey in their defence as well. -
Capquest / HL legal vs Tastethediff
tastethediff replied to tastethediff's topic in Debt Collection Agencies
No wonder they didn't reply to my letter and request for docs, they don't have to. As its a small claims case CPR disclosure rules do not apply. Guess I'll just have to wait to see what they come up with!!! -
Capquest / HL legal vs Tastethediff
tastethediff replied to tastethediff's topic in Debt Collection Agencies
oops, attached now!! Court Letter.pdf -
Capquest / HL legal vs Tastethediff
tastethediff replied to tastethediff's topic in Debt Collection Agencies
Well well!! Had a letter from the court today(attached). On point 1 it states "The claimant must serve on all parties a full written reply to the defence(only embarrassed one submitted so far) and copies of the documents referred as not having been provided before 4:00pm on the 14th November 2010" Still had nothing back from HL Legal whatsoever. Guess I have to wait till the 14th to see what they send me, a question though. In point 1 it mentions "documents referred as not having been provided" I guess that meen the stuff I mentioned in my AQ? thanks TTD -
Capquest / HL legal vs Tastethediff
tastethediff replied to tastethediff's topic in Debt Collection Agencies
Just for starters eh lol!!! That's good to know!!! Well no paper work what chance have they got!! -
What exactly did Cabot bring to the court by way of proof then? What documents did they rely on in court that Firstly the debt was yours and secondly that they had a right to claim it?
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Hi Kaz3571, Can I ask if you challenged whether or not Cabot had a right to claim the money, i.e. Did you get a NOA from the OC or were Cabot able/required to produce a deed of assignment? thanks TTD
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Capquest / HL legal vs Tastethediff
tastethediff replied to tastethediff's topic in Debt Collection Agencies
Got a copy of their AQ(N150) through today, nothing much apart they have requested a one month stay!! They have also Answered NO to part 2 of section C but have not attached any reasons as to why on a seperate sheet. TTD -
Thanks Elsa, Sent a SAR yesterday and yes I didn't mention in the SAR that the account was in dispute, they will probably pick this up though. That DN is just a template that they use and it is all they have given me so far. thanks TTD
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Capquest threatening litigation - what to do?
tastethediff replied to JK76's topic in Debt Collection Agencies
JK, Can you post a copy of the Notice of Assignment from Barclaycard please, remove name address and ref numbers though!! thanks TTD -
As this is a thread entitled Invalid Default Notices can any one comment on the attached. The default notice has not been blacked out by me, that's exactly how it arrived fromSainsbury's so i have no idea if the amounts or dates are correct. They claimit was sent on the 1st September 2009 but I have no record of it arriving, also they continued to add interest to the credit card balance right up until Jan 2010 when they claim to have terminated the agreement(again no letter to confirm this). Has anyone else had any dealings with Sainsbury's bank? thanks TTD Sainsburys Letter 040810.pdf
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