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Capquest SD re Amex Card - WON !!


Prudence
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  • 3 weeks later...

Hi, I am just off to Court in literally 5 mins after being requested to attend to see the "Registrar" (what position is he/she - will it be in an official Courtroom?). It's following my request to Set Aside Judgment after a Statutory Demand from Capquest. Could anyone advise me what I am likely to face at this Court session? My grounds were debt in dispute, exorbitant charges being added on to take over £750 threshold. Also they have not supplied me with a Credit Agreement (they responded with a letter saying they were placing my account on hold for 28 days till they try and get the information I requested & in the meantime, could I give them details of any payments made!)

 

Any advice please? Many thanks

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Thanks vampyra.... and thanks 42man & you're right! It was set aside! I started to panic at the last minute! The judge said that there might be an argument about the legality of them pursuing the debt as it is over 6 yrs (it was a debt from an AmEx credit card 10 yrs ago, I was paying another DCA a nominal amount regularly for years then Capquest got in touch a cpl years ago saying it was their debt. I have not paid or admitted anything to them.

 

Can anyone confirm re the 6 yrs? I though that was if you hadn't paid the company for 6 yrs but I did pay the previous DCA up until 2 yrs ago. Also I requested the credit agreement more than 4 wks ago.

Many thanks

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Thanks 42man.. and yes, sorry, I realise I have a couple of threads running. I will update after this.

 

Is that a clear gap of 6 yrs from your last payment? I have paid nothing to Capquest who have been pursuing me for 2 yrs but did pay the previous DCA.

 

No, I didn't get any costs... he did ask me... but it hadn't cost me anything to go there (except my time!). No, the DCA did not turn up and yes, the judge was very polite and friendly. Boy, it did feel good!

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Thank you so much everyone! Been to Court today and was SUCCESSFUL in getting the judgment set aside! The grounds were amount in dispute - excessive charges and no proof from DCA that they own the debt (no CCA from them, been waiting more than 28 days now). And went all by myself! The judge was friendly and I didn't feel intimidated. Good luck to anyone else in the same position!

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  • dx100uk changed the title to Capquest SD re Amex Card - WON !!
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