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    • Hi Schipoo and thank you for the update.   Excellent news for you and a huge relief, I imagine. You might like to start a new thread about Independent Tax if you want advice on that problem. HB
    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
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Capquest Stautory Demand


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  • 2 weeks later...

Long time with no updates, but Court Papers recieved today.

Hearing set for Sept for a duration of 1 hour..

Am i correct in thinking that Capquest have to supply me with everything they will be relying on in court, or would a LBA be better to get them to disclose everything they have ?

I need to get my defense written and expenses worked out.....

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You need to make the relevant CPR request. Not sure which would be the correct one to use. 31.14, part 18 or other ?

We could do with some help from you.

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  • 1 month later...

Well, just a quick update... all papers served and Schedule of Costs sent to Court and CQ today - hearing is on Friday. So far the Court has heard nothing from them.... i was hopeing to meet Barry in person :/

Anyway, the Schedule of Costs is in and i will be there for the case to be heard on Friday....

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So far the Court has heard nothing from them.... i was hopeing to meet Barry in person :/

.

 

I bet neither Barry or anyone else from CQ turns up on Friday. So you will get the set aside and costs I suspect.

 

The reason is that they will not want to explain the process that they are using for debt collection.

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Good luck for Friday, will have everything crossed for you, not that you will need it.

 

It would be very very interesting if Barry Davies turns up, but I wouldnt hold my breath. It could potentially be very dangerous for him to explain why the company he represents was abusing the insolvancy service. It could be a groundbreaking case setting a precedent that could see themselves and any other DCA's sending their SD confetti out in serious trouble!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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I don't think the court is high enough to set any precedent, but word would certainly get around the judiciary very quickly. Then life would get much more difficult for Barry and CQ. The judge might also be tempted to pass on details to the OFT.

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Will be interesting to learn what happened. Did Barry reveal himself?

We could do with some help from you.

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Perhaps the judge is eager to speak to Barry/CQ, hence the adjournment and now discussions are taking place as to how much it would cost not to go back to court.

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Sorry for the delay, I have been away.

Anyways, arrived in good time for hearing. There was no one else around, then 2 mins before hearing their Solicitors turns up. In the Court waiting room they approach me and say they have received no documents from the Court and as such will be asking for an adjournment.

They then asked me why I was disputing the debt etc.... I told them everything was in my affidavit. There solicitor said it was not unlawful to sell, act upon or take action against a dept if it was in dispute... “well that’s what we are here find out isn’t it" I said.

I was then asked for my address and phone number as they didn’t seem to have it, so I said that this just confirms my affidavit and that they have issued this SD without any information or proof (they don’t even have my address or phone number).

In the Court the Solicitor asked the judge for 35 days to complete a response and argument. The judge wasn’t too happy and asked me if I received mine. He then said that he thought it strange and asked why people cant communicate with CQ, he looked at me and said "I believe you also have had problems trying to contact this company" - yes I said "I have phoned several times with no effect and also written numerous times also with no effect"... judge raised their eyebrows and looked at Solicitor.

The solicitor then asked the court to pay their fees as the court didn’t send documents; the judge just said I will see you in 21 days.

The judge has allowed 21 days for them to sort their lives out.

So to me this means that they have indeed issued this SD with absolutely no proof of debt, no paperwork, no information about my address ect (which would obviously be on the original paperwork), and against all regulations, also saying they received the Courts summons, but not my affidavit... (course not).

To Be Continued ………………

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  • 4 weeks later...
  • 3 weeks later...

I have come to the point where i am sick of these bullies, i will fight them all the way now.... there just bullies and self oppinionated egotistical morons - trying to prey on people, threatening allsorts, but in actual fact they can deliver very little...

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