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Learnerlitigator

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Everything posted by Learnerlitigator

  1. I certainly have done so mate and I appreciate all the support and encouragement from you during that time too .
  2. Thanks. And I still think your Anthrax Alert is the funniest thing I've seen in a long time as that is one of the outfits which appeared on my CRA records of searches, thanks too for you earlier personal input.
  3. Thanks very much Brig and many thanks again for your personal input.
  4. Well hi again Caggers it's been a while since I posted anything so I'll bring you up to speed. I took professional legal advice, and the advice from this board of course, and finally having had the advice that I would need to actually prove on a case by case basis what my actual substantiated losses were, I could end up with costs awarded against me but it was more likely that I might get a small award against them I might not get a costs order. Because I wasn't able to demonstrate a high probability of success I was unlikely to get public funding so the solicitor advised against an application at that time. Instead I was advised to refuse the £100.00 (goodwill) offer from crapquest and inform them that I was preparing a case against them and would issue an application in due course; I would give them 7 days to reconsider their offer of compensation and make it clear that the issue was one of 'compensation' and and not of goodwill gestures. 7 days came and went and I advise the nice lady on the craphone that i required an answer TODAY! I then interrupted (how rude of me) her explanation of how she had been trying to pin-down the director of legal all week because the manager couldn't deal with the matter himself........ "look madam! I don't care about who has to make a decision as long as somebody does before four-o-clock this afternoon , I am not going to call you back at 4 because I need to be at the court to file papers by 4:15":mad2: "Oh and I'll be wanting the decision in writing, and I ended the call. At 2pm I had a telephone call from nice lady on the craphone who very politely offered that a cheque for £500.00 and a written apology with an undertaking that Crapquest would never contact me again on any matter whatsoever and would contact all of the CRAs to ensure that the CCJ had been removed; they would also ensure that their name and the purpose of their searches would be removed from the records. If I was agreeable the letter and cheque would be sent out by special delivery to be with me by 1pm the following day. Hardly a major victory, but a victory nonetheless. Obviously their legal team knew that I would have to show the court proper and accurate figures for any claimed financial loss, and proper irrefutabubble written evidence for any libel claim before a judge would award any more and possibly less than about £1000 as a token compensation. Costs could go either way depending on the judge's mood, which pretty much summed up what my solicitor had told me Well it was almost Xmas and I was skint as per I knew that I had no such actual evidence and courts and appeals could take forever, besides, 500 quid was better than a poke in the eye with a sharp stick . so I accepted. And the next day I was £500 better off with a nice letter telling me how very sorry they were for any inconvenience they had caused and the undertakings as outlined above. I had again made it clear that no FFS statement would be forthcoming from me but if they leave me alone I'll leave them alone . I still don't know if that ever was my debt in the first place, but I know for certain now that I have no debt that is not statute barred. To finish the story, I did of course send off letters of complaint to the usual bodies which having responded with the usual unhelpful letters are probably doing the usual naffall in the background. But one more complaint is one more micromacromillimetre hammer tap for the cause. Many thanks to all that gave advice and support, it was much appreciated and I would advise all that need to use this forum to take note and weigh up the advice that you are given here, before panicking and giving in to the bullies that trade as debt collectors. If you KNOW that you DO owe the debt then you should be looking for advise on how to pay it, NOT how you can avoid paying it. But if you know that it isn't your debt or are genuinely unsure as to whether or not you are the debtor, then this is the right place to be, amongst the right people to ask. Using the law with regard to statute barred debts is acceptable and again you are in the right place for advice on that. DON'T ever pay a debt collector because you are afraid not to ONLY pay what they can prove that they have the legal right to collect.
  5. By now Dora you should have enough to insulate your loft and several of your neighbors, you can charge a small fee I'm sure.
  6. In any event the police would tell you that you are not a victim of the crime and it is up to the OC to report that they believe they have been a victim of fraud. Do like Conniff said have nothing more to do with them and certainly not on the telephone. If they register the alleged debt with the CRAs report them and sue for Libel.
  7. Their offer of £100 in compo for wrongly CCJing me 4 years ago was pretty rib tickling too. I suggested they go have a rethink.
  8. Thanks mate,£ 250K and it's my round for all the (Member) Caggers.
  9. It might also be Harassment which is a criminal offense. Best one of the more senior members think that one over for you and give a better answer.
  10. Open a basic account with some other bank for salary and feed Barclays from that so they can't offset. I believe a bank cannot refuse you a basic account, you won't get a debit card probaly but will get hole in wall card. and direct debit facilities probably.
  11. Now the CCJ is set-aside and Crapquest have stated they have removed my data (waiting for that in writing). I'lll start a fresh post on the compensation issue once I have some fresh news. Many thanks for all that helped me win this first round. :lol:
  12. Start with CCA requests from both DCAs £1 each if they don't have the agreement they're stuffed, if they do have them, offer minimum payments. But better advice willl bealong shortk=ly so don't rush into anything.
  13. gotta laff, Crapquest offered me 100 quid compo, toldem to think more like 1500 and I'll run that by my solicitor.
  14. My Solicitor is most interested and Of course I have the emails from CQ to help him out with it all
  15. I will do that, presently my complaint regarding their defaulting on the CCA and DSAR is supposedly with their complaints department. I'll be able to relax and concentrate on getting recompense once the CCJ is definitely gone and might well ask some of you guys for draft letters at which you are so outstanding.
  16. LOl, they rewrote it minus the full and final crap, I'll sue them for sure once the CCJ is gone.
  17. No but I've had to have sub prime Credit Cards because of my credit score which only had the CCJ as a black mark
  18. sent this overnight: I've had some legal advice and there might be issues with your wording of the consent order referring to full and final settlement of the matter past and present. My understanding is that there could be a compensation claim as my Credit record was seriously damaged for 4 years as a result of an erroneous prosecution on your part. The average compensation for an incorrect default is £1K & the fact that they have libeled you for four years by registering an incorrect CCJ would put it in a totally different light were I to claim compensation. I am not at present thinking of making a compensation application but are concerned that the order as written would preclude such action in the future if I am still unable to secure credit on favorable terms given that my history has been affected by the CCJ already. Would you care to comment on the above or offer an ex Gratia settlement before we come to a final agreement on the issue? I expect in any event to have my own solicitor review the consent order before it goes into chambers. and got this in reply: This matter will be passed to our Senior Management for review. Therefore, we will contact you via email once this has taken place.
  19. I guess that's why they want to word the thing full and final satisfaction past and present all claims and counterclaims arising out of this matter past and present. Perhaps I should argue a point or 2 when I'm asked to sign.
  20. I was hoping to get some costs for screwing my credit rating for 4 years, but guess I'll settle for the CCJ being gone at last, any idea how soon it's off the CRA files?
  21. Today I got an email from Capquest to the effect that they have looked into the matter fully and can confirm that they obtained judgement against me incorrectly. They propose do deal with the court by way of consent order. 1). Judgement be and here is set aside. 2).The judgement entry be and is hereby cancelled 3).The claim be dismissed 4).There be no order for costs Apparently they and I will sign the Consent order and the Judge will do his thing, CQ say I won't have to go to the court but I don't trust them, would it be best to go just in case? They also say they've removed my address from their records but I have mailed back regarding the defaulted CCA and DSAR requests, so I'll see if I get a response.
  22. I called Experian are going to try and rush it through for me, they'll need to post it back by Wednesday, lol.
  23. Last evening I got this email: Thank you for your email. We are currently looking into the issues you have raised and we ask that you please provide to us a copy of your driving license or passport in order to confirm your date of birth. Due to the tight timescale we would be grateful if you could forward this to us as soon as possible. This information is needed to help bring this matter to a resolution in the hope that it can be resolved without the use of the Court’s time and keep costs to a minimum for both parties. We look forward to hearing from you. Yours sincerely Litigation Team Today I replied: WITHOUT PREJUDICE Dear Litigation Team, I cannot accede to your request given that you have failed to provide me with the information to which I am legally entitled pursuant to the Consumer Credit Act 1974 and the Data Protection Act 1998. It is your responsibility to prove that I have a liability to you, it being your claim. It is not my responsibility to furnish you with proof that I have no such liability to you. Indeed there would be no point in my application to set aside the judgement given that it would automatically be removed from my file in 2 years time if I believed the liability existed against me.Whereas if you resubmit your claim and succeed the new CCJ would be registered for 6 years again. Had you complied with my legal requests I would have been more inclined to co-operate with you as I have indeed done with other agencies with the conclusion that the tracing was erroneous at the outset. However their approach was polite and courteous from the first contact to the last and yours has thus far been a long way from either. If I believed I was your debtor I would have paid the £300 (before costs). But as I do not believe I am your debtor I look forward to demonstrating to the District Judge how you default on your legal obligations in order to deny your victim material with which to prepare to defend himself. Not least that you use MCOL to issue a claim at an unoccupied address to secure a default judgement. I am severely disabled following a traumatic accident in 2005 and therefore I can claim full relief of application fees as I am entirely dependent on benefits. And if judgement is set aside and you resubmit and lose your action I will be making an application against you for compensation in regard to registering an erroneous default CCJ and damaging my credit rating for the past 4 years and claim costs at the LIP rate. If you do not resubmit or you discontinue I will be content that the CCJ is removed by the set-aside and draw a line under the matter. As I have previously informed you, under the CPUTR if you do not have the documents upon which you rely you have a duty to inform me in writing. I will in any event be requesting that the district Judge orders these documents under the Civil Procedure Rules should you decide to continue the action. I also sent yesterday by special delivery ALL the correspondence by email or post and happily told them I will be producing the same in court on the 22nd.
  24. What is the cost and process of DSAR to the Credit reference companies, I understand it's cheaper and they have less time, is this correct?
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