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About greyhoundlover

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  1. He dismissed the case due to the fact they still hadn't came up with all the paperwork that I asked for. They might refile further down the line but according to the paperwork they did turn up with(default notice and so forth) I defaulted in August 2012 so I believe that it would be time barred if they did?
  2. Hopefully the final update on this. Court again today and they still hadn't produced the statements the sheriff dismissed the case with no expenses. He did say that they might try again further down the line. Many thanks for all your help. Just goes to show that these companies think they can bully people but some very helpful advice shows otherwise.
  3. well they rolled into court today with a credit agreement but no statements even though the sheriff had said they couldnt.their argument was that they only received it on friday.continued for another 8 weeks to produce the statements.
  4. continued for another 8 weeks but the sherriff said that he wouldnt continue it again if there was nothing produced.see what happens.
  5. Well court date on tuesday and no paperwork has been delivered so what should i expect at court? Another continuation or will the judge throw it out? Can i ask for it to be thrown out as they are obviously not coming up with it any time soon?
  6. quick update on this. went to court and the judge has told them to have the agreement and that to me before a new hearing on the 7th march. still havent had anything yet so will see if they can come up with the documents.
  7. no covering letter whatsoever im afraid so no idea who served it
  8. shoosmiths LLP is the solicitor that is working on behalf of capquest, its from stirling sherrif court but it says service on defender is falkirk. I've moved twice since i took it out and it was registered at my parents house ive no idea as i was rarely back there to open mail. never received anything recorded delivery or anything like that
  9. they handed it to my father while giving him a hard time and 20 questions wanting my mobile number,where i worked and all that
  10. hi yes its a 1a small claims summons but the sheriff signature is a squiggle so dont know who the actual sheriff is
  11. Name of the Claimant ? capquest Date of issue – return day is 27th december - served 24th november but not to me personally What is the claim for – The parties are as designed in the instance. The named defender resides at xxxxx. The defender has been so resident for more than three months immediately preceding the raising of this action. The defender is domiciled there. The court accordingly has jurisdiction. There are no proceedings pending before any other court involving the present cause of action and betweenthe parties hereto.No agreement exists prorogating jurisdiction to another court The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and Capital One(Europe) plc dated 30 november 2012 the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature due to owing by the defenders to capital one(europe)plc which were in existence as at the date the said agreement was entered into in relation to the contract herinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around the date of assignation The said contract between capital one(europe)plc and the defender is dated 14 february 2011 and relates to credit card agreement with account number xxxxxx. The said account is in default and the sum due there under is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £1300 conform to copy statement of account which will be produced in any defended process to follow hereono. In terms of the debt purchase agreement hereinbefore condeccneded upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer. The defender has been called upon to make payment of the sums sued for.They refuse or at least delay in doing so.This action is accordingly necessary What is the value of the claim? £1300 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? after Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? unsure Did you receive a Default Notice from the original creditor? believe so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure Why did you cease payments?couldnt afford it What was the date of your last payment?dont know Was there a dispute with the original creditor that remains unresolved? ??? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no
  12. Hi all. hope this is in the right area.apologies if it isnt. Ive received a small claims summons from capquest in regards a debt they purchased off capital one on 30 november 2012. After reading many pages on here, would i be right that the first port of call is sending a postal order for £1 and asking for the CCA? This is through a scottish sherrif court if that makes any difference regards
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