Maybe I'll have Clarity's letter to take to court and show the judge that tracing agents don't always get it right you think?

I had a letter from these today, and having 'phoned (141 ofc) The lady advised asked a few questions and confirmed that their tracing agent had the wrong person and I will get a letter confirming that I have been removed from their system. Guess Crapquest prolly used the same agent. I actually called Clarity last week and was already off their system so the lady today couldn't find my info. so today's letter had crossed in the post

How about I email them this if I don't get the info for the 13th. Which only gives me 9 days for the set-aside hearing? Dear Sirs, Your company have now defaulted on both my legal requests received by you on the 3rd September. You have cashed my personal cheque in respect of the CCA request and failed to reply to my request for an update. Furthermore you have defaulted on my DSAR and failed to reply to my email reminding you that it is due. Your company has either failed or declined to reply to my letters and emails. I fully intend to raise a complaint with the ICO and other relevant authorities. Your company are party to court proceedings against me and your failure or delay in providing me with information to which I am legally entitled will be notified to the court and cited as a possible deliberate attempt to withhold information in support of my application.

I sent it on the 01/09 I thought the 40 days included posting days But I can wait a day or 2 more

Well I am shocked and stunned! Crapquest have now defaulted on both my CCA request and DSAR request which they received on September 3rd. Do I now register an official complaint with their complaints department or simply report them to the relevant bodies? I guess I can now tell them to cease and desist processing my data and provide me with evidence that it has been destroyed in the proper manner although I wouldn't trust them to comply. Advise please guys.

Got my set-aside hearing for 22 October

02/10/2012Trace EnquiryClarity Credit Management Brigadier

Oh goodie Experian have notified me that CLARITY CREDIT MANAGEMENT have performed a search on my file. Can only be for SB stuff so bring on the mail muppets.

Don't worry Hippy they "might make you preggers "could" put a bun in your oven and "may" sent the midwife on a doorstep call.

George who? :lol: Bet there aren't many such notices that conform then, but doubt a judge would care much on that point. 196. Regulations respecting notices. (4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered. For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action. Seems only we on the blunt end waste money on recording our mail.

Is this still wholly arguable or have they been amended too? I mention it because often we are told we can not see the assignment proper, or is the deed of assignment detailing the financial arrangement between OC and DCA a different document? Brigadier I can't get the vision of DCA's on assignations cottaging rather than canvassing, am I beyond help?

Thanks Brigadier, I take your point although I think DCAs have lots of "assignations" Thanks for the read I was getting panicky. nemo tenere prodere seipsum:razz:

Have emailed the Court for advice and will share the reply if i get one. I could still use an expert view of the content my .PDF (post 106) if possible please

Oh well, can't find any more info on set asides, guess i'll go with what I have.

I know but that's the situation I am in presently. I can't actually defend but have to show that I could defend successfully. If I just say I didn't get the claim pack the court can just refuse the application. It's this discretion business I guess it's a DJ lottery, at least if I have shown some effort and raised valid concerns I've got some chance. (maybe) There isn't very much material or advice on the process of successful set-asides. I really need solid advice as to whether I've done as much as I can. Otherwise I'll have to send it as it is and hope for the best .

I've reworked the statement and post here.

I'm stuck!! I need to put reasons as to why I might be allowed to defend if set-aside. Can I entitle it differently than "statement" I don't know any of it is true for sure other than I did not get ANY of the pre-action bumpf or the claim pack. That in itself does not demonstrate a defense. I'm not in a position to file a defense proper as yet. Perhaps "position statement"?

Thanks CitizenB, looks like I better rewrite it, too many "The defendant believes" when he doesn't "know for a fact" I guess it's accusatory rather than factual.

Hehehe, Thanks, so I will. At least I know the pdf is showing now.

It's up now I think, can't tell as it's showing on my page.

Try again......

If Possible could site team review and comment for me. TY in advance I don't want the DJ to chuck it out for the content The red bit is omitted Parp! i clicked the ! and me pdf disappeared[ATTACH=CONFIG]38490[/ATTACH]

Any point in contacting the DCA legal now I have notification of transfer for set-aside to try and get info from them relating to the CCJ or even agreement to setting aside the judgement? Or is the sleeping dogs option better?

Have to say BB, it's not entirely unknown for DCAs to slip in a default judgement at CCBC whether or not they can prove ownership/enforcement. I'd prefer to use the avenue that's open re the CCA request and put the burden of proof back to them early doors.

Don't telephone, write and tell them that they have seen fit to contact you and must therefore be satisfied as to your identification etc. Better still wait out the weekend and see what better advice is offered, Monday is soon enough but DON'T phone!