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Well i have just heard from the court regarding the set aside.... not sure what to think really (panic springs to mind). Spoke to insolvency manager and the papers have been returned from DJ.

The DJ has made very detailed outlines on my set aside amongst others s78 (1) CCA, and quoted something about a case HSBC V someone and called for CQ to provide all Original paperwork for debt affidavits for all involved ... and get this bit - (bearing in mind when i filed the papers at court, i mentioned that the claimant was unreachable and in my opinion ficticious (after carrying out research) the remark was written by the court at the bottom of the 6.5) ... the DJ has ordered a personal witness statement from Barry Davies to reach the court no later than 7 days prior to dated of hearing being set and the DJ wants Barry Davies (under strict something ..didnt quite hear her) in court. She also said that normally it would be a 10 minute case, but the judge has set it for a minimum 1Hour... :eek:. Which wont be heard till Sept. due to the time of the trial. :(

Didnt think was going to happen. Papers have been sent to CQ and are on there way to me aswell....

 

1 Hour...OMG

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Where abouts is the hearing....I would be very, very interested in attending with you...send me a PM.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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You also have a chance now to send off for a full SAR to the original creditor....do this ASAP.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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I've been in court twice, both times with Nat West funnily enough. The first time was an attempt by them to set aside a bank charges CCJ that I had got against them. The second was with my wife who was suing them under the Data Protection Act.

 

District Judges are usually very helpful to litigants in person. You are not expected to have the same level of knowledge of the law as a professional but you will need to marshall your facts and present matters clearly. Any documentation to be relied on in court will be shared between you and Capquest before the hearing and people here will be able to help with analsysing it and preparing your arguments.

 

In one of my cases I invited folks from CAG to come along and sit in the public gallery. You can also have a friend sit with you although they can't take part in the hearing. You don't need to think about that now but it's something to bear in mind later.

 

Based on what you've said I think Capquest have an awful lot more to worry about here than you do. If Barry Davies doesn't exist they could find themselves in quite a lot of trouble for a start, moreso if they can't produce a signed copy of the original agreement.

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Do you still have the copy of your original CCA request.....? if you have and you have the recorded delivery slip we will need those....make sure you get your costs in to the court too (at least 24 hours before the hearing)....not only that but we will be quoting this case -

 

Crutchley v Go Debt before HHJ Elleray QC

 

22. Service of a statutory demand is a standard step made in debt collectionlink3.gif. It

may prompt settlement. If the debtor is unable to pay, then the creditor in

the interests of creditors of the same class, can issue a Bankruptcy Petition.

If the debtor can raise a dispute on substantial grounds then he has a

statutory route for seeking of the setting aside the demand, a risk the

creditor takes. If the creditor knows of the dispute when serving the

demand, then it would be an abuse to make the demand. Such might be

condemned on a set asidelink3.gif, with indemnity costs.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Don't be shocked...we should see this as an opportunity !!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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As mentioned i think this case is getting far more involved than i anticipated... Thanks for all the help and advice, wouldnt have a clue if it were not for you guys :D. Will have to start inwardly digesting as much info regarding this as possible.

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I do hope you have reported this to the OFT Too.....if you haven't already then you MUST...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Just imagine the picture of Barrys' face, when he receives the court papers saying that he needs to attend court to account for his actions. The judges don't work in total isolation of each other, so they will be aware of the number of SD's that CQ are issuing around the country. Poor old Barry could be in for a right hammering.

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Can you post up your defence ? (minus any details that might identify you)

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Dont wish to put a damp squib on anything but barry davies does exist:(

 

After extensive ringing around i got to speak to him.

 

Ps they now have a call centre in south africa. who seem to think they can sort things out for you and know all about it etc

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No but I'm a journalist and would also be very interested in attending if I'm mobile enough by then :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Maybe another interested CAGger who lives near might like to assist me :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Been reading this thread with interest.

 

I've had letters from CapQuest at an address I used to live at 5 years ago - which have been forwarded to me by the current occupants. The last one states that they will issue a Stat Demand on 19th July and apply for bankruptcy for a debt of £750 to Vodafone.

 

My first question is - what is the threshold that someone can apply to bankrupt you.

Also - what should I do next?

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Been reading this thread with interest.

 

I've had letters from CapQuest at an address I used to live at 5 years ago - which have been forwarded to me by the current occupants. The last one states that they will issue a Stat Demand on 19th July and apply for bankruptcy for a debt of £750 to Vodafone.

 

My first question is - what is the threshold that someone can apply to bankrupt you.

Also - what should I do next?

 

I believe the debt has to be over £750.

Again more foolish use of this tactic.

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I believe it is £750, as I have read that to avoid bankruptcy proceedings, you just reduce the debt to below this level.

We could do with some help from you.

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