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Everything posted by Vampyra

  1. OK yes it does. Thank you. So I am happy to stick a couple of nice letters into Cap1 and Lowells in due course informing them to go shove it up their chaffer, so's to speak. However, I don't have a certificate of satisfaction with which to do this with yet. That's not an issue, I'm sure even if BC fail on that the court can see proof of payment from the bank statement. I don't know if the court has the power to issue Certificates of Saticfaction? Now, my bug-bear is two fold. If BC are not allowed to make a CC claim for part of the debt - AND if as I am led to believe a DCA
  2. Hi there I am sorry for sounding ignorant, but I'm not getting what you mean. My issue is not the Cap1/Lowells side of things but with a CCJ for a part amount - somewhere on CAG I read a DCA cannot go to court for their fees and this is what BC has done. If BC have applied for their fees, surely this CCJ can be set aside? Also, if the court accept the payment as being 15th September 2005 they might remove it anyway??? If I am entitled to get this removed I want to do it not just have satisfied on my file. Having said that I know you know what you are talking about with thes
  3. I've just found out I can get this set aside because of the split claim if the court wont remove it due to any issues with the payment date.
  4. Right firstly I'll tackle the defence. Citizen's Advice told me to explain my circumstances and explain I was income support as a carer and therefore I would not be judged to pay a huge monthly amount. CAB actually filled the form out for me. None the less the court have confirmed my defence papers are not on file and were never sent to the court by Bryan Carter. CAB told me to send the defence back to Bryan Carter as it said on the form. The judgement was for £250 by 17th September 2005 or £50 per month starting on 17th September 2005. I'm led to believe people on income suppo
  5. Yay! Well Done! That's brilliant news!
  6. I'm sorry I can't help as I don't know about what happens yet. However, do let us know what transpires. Maybe they have had the otherside pull out? Dunno - best of luck though.
  7. I have just spoken to Northampton Bulk Clearing and they have told me that the bank statement showing this was paid via online banking on the 15th September 2005 for a debt to be paid by 17th September 2005 means a CCJ should never have been issued. They have told me to send in the copy of the bank statement with a covering letter to explain that my bf paid this on my behalf. The statement, (gawd bless Barclays on this), even shows the Ref no which my OH filled in which relates completely to the CCJ form! Fingers crossed!
  8. Hi Bookworm and thanks for your help. Just to make it clear, Lowells are not going for the rest of the debt, as it were, they are only going for what the debt originally was. The £250 has not reduced the balance at all from Cap1. Cap1's paperwork shows no selling of the debt and no funds in from anywhere - not even a few pennies! BC wrote the County Court form in the name of Cap1 - not them. I think this is fishy because if £250 of a debt is paid whether in time or not, then it should show somewhere that the debt is reduced, surely? Even by pennies? Else what was the CCJ a
  9. I have mentioned this before but now have more evidence to get this underway. A certain Cap1 decided to utilise the services of one Bryan Carter in 2005 to collect a less than £500 debt. BC sent me a CCJ form which I had no idea what to do with. I went to Citizen's Advice who told me to admit the debt, and send it back to BC as the form said. I also filled in I was caring for mum and she was at that time seriously ill in hospital. I heard nothing more accept I had a CCJ which I could stop if I paid the £250 claimed by I dunno the 19th of a month, can't remember the date offhand.
  10. Thank you very much for your post. This whole process of my debts has been ongoing for nearly 8 years. Just so you know, my mother has severe dementia, (really off the planet), and physical disabilities. I am her full time carer. I panic because I have so many things I do daily, I often forget advice or forget details and as someone who is a bit of a perfectionist when it comes to dealing with matters, I want to be 200% of what I am doing. Also, a lot of advice changes as new things come to light, so it's better for me to go back and ask and check just to be sure. Fingers crosse
  11. Oh yes the envelope will be going - I have done a copy of everything for the judge too. Will it be ok to take along a sheet of paper with my expenses on it and hand that to the judge? BTW, the court lady tried saying "why was I being advised about a process server affidavit? You have answered the SD therefore you acknowledge receipt of it." I didn't argue I just said someone is advising me and asked me to ask. She didn't really want to say then found there was nothing on file and volunteered to check the pending post and there was nothing there either.
  12. I'm not going to ring them that would be stupid. I just hope they don't turn up but need to be prepared for someone having a personal vendetta from CQ. Maybe HBoS wont be so concerned as they are currently nearly going bust!
  13. Well I've phoned the court and some good and bad news. Thank you by the way for the above I have read and digested. The bad news is that CQ have not written to the court saying they do not wish to continue - apparently they have done this with many cases recently. EDIT - Apparently they have sent many letters to the court saying they do not wish to continue action. So they seem to want to continue with mine! The good news is they have not answered the Set Aside. So no Affidavits of any kind held on file. The bad news is that they can bring this all to the hearing and it wi
  14. As far as I know noone has ever tried to serve anything by hand. Don't forget, I'm in most of the time because of caring for mum. Even though I don't pay for day care, mum has had to go into day care on the day of the court case so could I claim for that too? I'll ring the court now. Do they have to tell me?
  15. Thank you both. I think the CA is a good un which means even if this is set aside I would gather they'll got for a CCJ - but if I can make it to next March the 6 years are up! Would the judge mind if I took notes as I'm sure I'll never remember everything or at least get muddled? I really do not have any original statements, I have never recieved a default notice and I have never received a notice of assignment from the OC. The SD was sent via 1st class post - is that properly served? I checked the paperwork I got from HBoS last night and the alleged debt is £1500 som
  16. Hi Rory Yes I invited the court to order cost in favour of me in respect of reasonable cost of preparing the application and attending any hearings in respect thereof. Also, reading some other bits, if they didn't apply the Law and Property Act correctly and send a correct default notice, they have made a big boo boo, is that correct?
  17. I wish you all the very best of luck, VB - I've got one next week too and I didn't know about disclosure and although I SAR'ed the OC I only got a printout of the "account". Looks like I might end up losing this.
  18. I'm off to court next week for a set aside on an SD from CapQuest. I have only had printouts of an "account" from the OC and nothing else disclosed in the SAR. My defence is here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147909-capquest-hbos-statutary-demand.html which I hope is ok. Been told to just be honest which I will be but I'm not really sure what happens at one of these and I'm rather nervous. Can anyone help and advise me please?
  19. This is true and I agree in principle, but I am still concerned a judge can effectively take sides like this just to prove a point. Maybe it actually shows that, however, greedy and scheming the Rankines are it took a judge to misinterpret the law to win the case for the banks, i.e. the CCA and all relevant laws invoked by the Rankines coud not effectively be argued with, whatever the motivation behind the Rankines case, and the only way the judge could make a point about these people's greed and flippantness about writing off of huge debts, is to actively show bias and misinterpret the law.
  20. Been pointed in the direction of this thread today. I am no legal bod, but I think it would be pretty easy for any of this judgement which is wrong to be proved wrong and overturned. I also believe that although they got their just desserts, the judge only has the legal remit to interpret the law as it stands and that does not include quoting incorrect laws to win a case in "his" favour. This is particularly worrying. Also, it is worrying to hear that the Rankines are not given leave to appeal and effectively barred from ever doing so. If murderers, rapist and terrorists have
  21. I just found this about Lowells SAFE - Struggle Against Financial Exploitation Ltd. - INFORMATION CONFUSION Isn't it nice to think we worry them soooooooo much they have to come on here and try to give us wrong information. I wonder how many DCA Monkeys have dreams of being used by a Dominatrix? Usually people like that enjoy being dominated outside of their "stressful" jobs!
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