CAPQUEST again.....

[losingwilltolive]

Hi,

This is unrelated to my previous postings Re: Egg/Capquest.

On monday i was forwarded a letter by some advisory company,stating that after the recent CCJ they could advice me!!!...I had no idea about this.

Today, i have now learned that capquest ,via their agent, must have issued a CCJ against me in October at an old address and obviously as no response the courts have granted a CCJ!!!!

 

Please could you advice what i do to remove this...i have no idea what the amount relates to( £367)-- the creditor name is not familar at all and it seems to be a purchased debt of some sort..Capquest are now ceratinly on my case but i really have no clue what this relates it...

Thanks

[42man]

Firstly if you can prove you had moved addresses then it should be easy to get this set aside.....

[pt2537]

you must file an application which is timely, the court view varies a little on what is timely but there is case law which says 30 days is the maximum where the court is not compeled to setaside the judgment because of the CPR

 

so you must act quickly

[ScabHunter]

You need to fill in form N244 for this.

 

Read the National Debtline pages.

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

I did not get the court papers

 

If you did not get the court papers through the post the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last known address (even if you have moved).

 

 

If you have given your creditors your new address then they should contact you there.

If they still send the papers to your old address then you may have good reason for the judgment to be set aside.

If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

 

• you can prove you gave the creditor your new address;
  
• the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
  
• the post office returned the claim papers as they were not able to deliver them.
  

A key point here is whether you have given the creditor your new address. I am assuming that as you have been sending letters to Capquest regarding the alleged Egg debt, you have informed them of your current address. Including on the heading of the letter you sent Special Delivery for your CCA request.

 

SH

[losingwilltolive]

thanks-- just rang courts and ot will cost £75!!! to have the application set aside...

This is a real joke as i really have no idea what this is relating to---and have no idea where they have been wrtining these alleged letters..

 

Really not sure how this will go...I actually 100% disgaree with the amount claimed but as a CCJ has now been granted,not sure how i could appeal the actual claim?

Capquest are certainly on a mission !!

[pt2537]

are you on a low income? you may be eligible for an exemption fropm paying fees if you fall within the courts criteria, then you wouldnt have to pay the £75 fee

[losingwilltolive]

Thanks- Income not low enough so will have to pay £75--but court did say that i can apply for costs back if i eventually succeed..

Can someone advice how i still query/dispute this debt even though a CCJ has now been registered??

Thanks again

[ScabHunter]

One of the key points at the start is that not getting the court papers sent to you is not enough to get this set aside. It should be, but it isn't.

 

Have you read the National Debtline page I linked to above?

 

It says that if you have given your creditors your new address, then they should contact you there. If they still send the papers to your old address then you may have good reason for the judgment to be set aside.

 

I remember from your other thread with Capquest and Egg that you sent a CCA request to Capquest. If you sent it Special Delivery and have retained the proof, then you should be able to show the court that you gave Capquest your proper address. Presumably Capquest have been writing to you about Egg as well. If they have been doing that, then they will be proving themselves that they have your proper address.

 

The other factor mentioned is if you can show a defence. This is obviously harder when you haven't got a clue what the judgment relates to.

 

If the creditor name is unfamiliar to you, then they will clearly hold no data or information relating to any accounts. What we need to know now is whether you can demand information from them under the Civil Procedure Rules, which will clearly demonstrate that no debt exists.

 

I see pt2537 is on the case now. Hopefully he can help us further.

 

Download the N244 form now, and get as much of it filled in as you can. You will need to move as quickly as you can with this.

 

SH

[losingwilltolive]

many thanks-- i have already filled in the N244 and have it here-

With regards to capquest this debt( CCJ) was registered before my communication to capquest Re: Egg ( that also originally went to a previous address)..

so i guess my argument that i' didn't get court papaers' could now be weak as i guess i didn't notify these people....but they have contacted me after approx 4 years so i guess i forgot to contact every single person.

 

i really wish to also dispute this debt with capquest but as CCJ already registerdc i have no idea if i am able to ??

Thanks again

[ScabHunter]

many thanks-- i have already filled in the N244 and have it here-

With regards to capquest this debt( CCJ) was registered before my communication to capquest Re: Egg ( that also originally went to a previous address)..

so i guess my argument that i' didn't get court papaers' could now be weak as i guess i didn't notify these people....but they have contacted me after approx 4 years so i guess i forgot to contact every single person.

 

i really wish to also dispute this debt with capquest but as CCJ already registerdc i have no idea if i am able to ??

Thanks again

 

That is a desperate shame.

 

Reading the NDL site again, it says you will need to show you have a defence. It also says that there is no time limit for making an application on these grounds but the court will look at whether you made the application 'promptly'.

 

As so often with courts, it is a fudge. What is "promptly"? It takes time to gather evidence, especially if you have not even heard of the case until it is too late.

 

It is now imperative that we show that this alleged debt simply does not exist. You are absolutely certain that you have never had any dealings with this alleged creditor?

 

Obviously a Subject Access Request will show this, because they won't be able to return anything. The trouble is, they have 40 days to comply with this, and even if they don't comply, the Information Commissioner's Office is as incisive as a cotton wool sword.

 

I just want to confirm with you that you have absolutely no knowledge of any of this - you have never had an account of any kind with this alleged creditor, or anyone this alleged creditor may have taken over and acquired? That the amount means nothing to you either? You have absolutley no knowledge of any of this, and the alleged debt is definitely not yours?

 

If that is the case, we need to get the big hitters to look at this one.

 

SH

[losingwilltolive]

Thanks again-unfortunately i cannot confirm the last section of your post as i am not sure who they may have bough it from?? it has to be also going back at least 3/4 years as i have no recollection of this amount at all-- this i am sure of

Thanks for advice so far

[losingwilltolive]

update- Hope someone can advise further-

As these jokers registered a CCJ at a 2 yr old address i have then with advice from here applied for a set aside - this has cost me £75-

I am still fuming as Capquest have cost me so far £75 to apply to set aside and now the letter i received from court this morning advices the hearing on a day when it will be very difficult for me to take time off work as i work away for few days per week..

 

Do i have any other options here??? i am 100% certain this amount claimed will never be proven either with agreements or payments as the last involvement i had with this bank was some timein 1999-

But at the end of the day capquest have secured a CCJ by writing to me at an old address

 

Can i continue with the application to have it set aside by post or do i have to go in person??

Any advice very much appreciated- if i do have to go to court then the unauthorised day off will cost me very dearly

thanks

[42man]

You could ask the judge to pay the costs LTWTL....!!

[losingwilltolive]

Hi- if anyone who has been through process of setting aside a CCJ could advice me,that would be great..

 

I am 100% sure this debt is non-collectable but CCJ already registered at old address without my knowledge-

 

All i need to know is that can the process of setting aside be done without me attending the hearing??? I have paid £75 already and can't afford to take more time off work-- can i do it all by post???

if anyone has managed to have a CCJ set aside without attending the hearing then i'd be interested to know the procedure

Thanks

[pt2537]

you will need to attend, i do not believe you will be successful unless you do

 

if you do not attend and give evidence of your position the court will definitely not set it aside, unless you have solicitors or counsel attending the hearing for you