finbar1969/ Stat demand just recd from CAPQUEST.

[pt2537]

Hi,

in a nutshell, if you paid the CCJ then the debt is satisfied

 

its not your fault that the solicitors were negligent and failed to conduct themselves accordingly, i would write to who ever is chasing you for this debt and advise them its been paid and it is satisfied so sod off and leave you alone

[pt2537]

just to expand upon my above comment

 

it is standard practice for Brian Carters to split the cause of action into two or three claims, this is unlawful and contrary to S35 County Courts Act 1984

 

in most cases we see on here the people have not settled the CCJ, so we help them get it set aside and then fight back .

 

however your case is slightly different, here you have had a CCJ, youve paid the CCJ and as far as we are concerned you do not have a debt, the fact that carters cocked it up is not your problem, think of it like the double jeopardy rule, you cant be stuffed for the same thing twice;)

 

so since you have satisfied the CCJ, you should advise Capquest that this debt has been before the court and the matter has been settled, the CCJ is satisfied and you would like the matter closed

 

if they persist and issue any more proceedings against you then they can be struck out without question as an abuse of the process

 

i hope this helps

 

Regards

 

Paul

[pt2537]

Finbar,

 

If capquest are pestering you now, i would write to them and say.....

Dear Sirs,

 

On XXXX (Date) Brian Carters & co instigated legal action on behalf of Fredrickson international in respect of this account and judgment was granted in their favour. accordingly i paid the judgment and the debt is now considered satisfied.

 

accordingly i suggest you talk directly with Fredricksons / Carters & Co in respect of this matter as my position is that i have satisfied the judgment and consider the matter closed

 

should you issue a statutory demand i will apply to have it set aside and shall show the court a copy of the satisfied judgment. should you instigate litigation , it will be vigourously defended and an application will follow to have any such claim struck out as a clear abuse of the process

 

to re-itterate, i suggest you speak with Fredricksons / Carters & Co as i consider this debt is now discharged

 

 

sopmething along those lines should do the trick

or just use what havinastella suggests, it doesnt matter really, just send the idjits a copy of that satisfied document and they can go whistle