backdoor CapQuest CCJ for citi Card - set aside?***WON***

[Yellow160]

Congratulations! Gives me some hope in my conflict against them.

[ODC]

I am in the process of sending them a BOG OFF letter over a Statute Barred debt they are chasing in which they have promised me all sorts of dire consequences

[Brassed off]

I WON, I WON, I WON!!!!

 

 

 

I will update later as I'm off to work but yes - I got my CCJ set aside and that's what I wanted.

There is a slight twist to this however but more on that later.

 

 

 

deedee1310

 

 

 

 

 

Fantastic news Deedee - good for you - sock it to 'em - can't wait to hear the full sp;)

 

PS - Nicked your smileys:D

[tomterm8]

congratulations:)

[clutchingatstraws]

 

Well done and congrats

[deedee1310]

Hello All.

 

Thank you for your congratulations and your help and support. My CCJ was set aside due to the following

 

13.3 (1) In any other case, the court may set aside (GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside (GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

 

The reason why I have pasted the above is because the Judge read this out to me as he was writing it and 13.3.2 is particularly relevant to me.

 

I will try and write what I remember of our conversation (bad memory, sorry and I didn't make too many notes).

 

I arrived on time - JUST! Went upstairs to sit in the waiting room outside the chambers where my hearing was to take place. My case was called. I look round and lo and behold Capquest were nowhere to be found. I made myself known to the Court official. After 5 minutes I was shown into the Judge's chambers.

 

I was asked to take a seat. Really can't remember how we started off. I will summarise as much as I can remember.

 

He asked me about the debt and if I owed it to them. I said that as far as I was aware I was did not. Apparently Crapquest had sent a letter to the court (but not to me) last week stating that they had purchased the debt from Citi Card. The judge mentioned this. I told him that the Citi card was an old credit card and I had once had a loan with CitiFinancial that had been paid off. He asked me if I owed Citi Card any money. I said probably but even that would be disputed as the amount was made up from charges.

 

I told him that I had received my credit report and had seen the CCJ. To try and establish what the entry related to, I CCA'd Crapquest, asking them to substantiate their entry. I had attached all correspondence to my original N244 Application, so the judge had a copy of my CCA letter. He asked me if they had complied. I said NO. I told him that I had never received the response pack and if I had done so, I would have defended it. He asked me on what basis, I said because as far as I was aware I did not owe them any money and that I had never received any Deed of Assignment from the original creditor. This is important as the judge was not impressed and said that they should have done this. Strike one against them . He told me that I would "have a hell of a time with these people" (his exact words).

 

He asked me why I had not applied for a set-aside earlier. Again I said that I was unaware of the entry until I had seen my file in June, so this was what prompted my CCA request and I had not realised that I could apply for the set-aside, as I had thought that too much time had elapsed.

 

He asked me what I did, I told him that I was an IT consultant. We discussed the fact that the Attachment of Earnings Order that Capquest had tried to get against me had failed due to my self-employement.

 

He said that the rules of service were very draconian then he changed that to strict. Forms are deemed served two days after posting, so the original claim by Capquest would have been deemed served. I asked him did this mean even if I had not received it. He said YES, but Crapquest should have checked that the papers had been served. I told him that I was at the same address I had been at for the last 10 years. I cheekily added that I could account for the non-delivery by the Royal Mail. Strike two for them.

 

He then went on to say that I "stop corresponding with these people" (again his words) and to make sure I do everything through the courts. He asked me if I had requested more information from Crapquest. I said that I had made a DSAR, he interrupted "Use the court Miss deedee. If you ask an employee to do something once, do you ask them again? No you don't" he said. Again he told me to "stop corresponding with them.

 

Now the twist to my set-aside win is that he said that Capquest would have to serve on me again. He asked me to confirm my address for clarity, which I did. However he, in not so many words, said that he thought that I had good chance of defending my claim against them successfully. Hence why CPR 13.3 s1(a) (above) is important. He said that he also had to consider the length of time that had passed before I made my Application Notice (4 months in my case). Hence why 13.3(2) is also important.

 

So the moral of my story is (I suppose) don't play nicely with Crapquest or anyone else for that matter. They don't play nicely with us, so why should we with them? As the judge said to me "do everything through the courts". I know that we try and comply with Pre-Action Protocols and I cannot stress the importance of this enough but follow through on anything you do and make good on any promises of court action. Non-compliance with CCA or DSAR requests did not put Crapquest in a good light at all.

 

I will await the full N24 Judgement Form when it comes and post the exact details. I am now working on my next stategy. If Crapquest have to serve on me again, I need to have my defence already worked out. I am also wondering whether it is worth bringing action against them first. They haven't complied with my DSAR request and my CCA request is in criminal default. Hmmmm....ideas as always are more than welcome.

 

But for now battle one is over and I WON - so IN YOUR FACE CRAPQUEST!!!

 

PS. due to bad memory I have probably missed some t things out but the above pretty much summarises my 20 minutes in the chambers.

Can a mod change my thread to WON (never thought I'd have one of these)? I will start a new thread for part two

 

deedee xx

[Brassed off]

What a fantastic post Deedee - so basically, the judge knew exactly what these DCAs are like - so don't correspond with them and do everything through the courts. Perhaps he's been here before?

 

So Crapquest didn't even turn up:rolleyes: and they are going to have to serve on you again:o

 

If it was me, I would personally bring action upon them first - but that's me:rolleyes: but hey, why not?

 

Nice to have a *won* though - well done you:)

[Curlyben]

Well you already have action for non-compliance of SAR and possibly a side of Administration of Justice s40

[deedee1310]

What a fantastic post Deedee - so basically, the judge knew exactly what these DCAs are like - so don't correspond with them and do everything through the courts. Perhaps he's been here before?

 

So Crapquest didn't even turn up:rolleyes: and they are going to have to serve on you again:o

 

If it was me, I would personally bring action upon them first - but that's me:rolleyes: but hey, why not?

 

Nice to have a *won* though - well done you:)

 

Ya see - that's why I love you BO, you think just like me!

 

I am itching to take it to them first. I guess I'll be up tonight deciding what to base my claim on. They still have a default registered on my credit file, non-compliance with my CCA request, non-compliance with my DSAR, the list is endless. The cheeky tankers!!

[deedee1310]

Well you already have action for non-compliance of S.A.R - (Subject Access Request) and possibly a side of Administration of Justice s40

 

LOL! our posts crossed.

 

I'm of the mind to take the fight to them first and not wait for the N24. Let's see how quickly it takes them to discontinue their claim. The twits!

[Curlyben]

Oh yeah forgot about default removal for that nice unsubstantiated debt.

N1 will do for that as well.

[deedee1310]

What a fantastic post Deedee - so basically, the judge knew exactly what these DCAs are like - so don't correspond with them and do everything through the courts. Perhaps he's been here before?

 

So Crapquest didn't even turn up:rolleyes: and they are going to have to serve on you again:o

 

If it was me, I would personally bring action upon them first - but that's me:rolleyes: but hey, why not?

 

Nice to have a *won* though - well done you:)

 

Funnily enough there was another Capquest v ??? in court that day too. The usher called for the claimant and defendant but I did not see anyone come forward. I hope that Crapquest did not get a judgement in default or something, I hope that the other defendant had a success like me.

[Curlyben]

The main lesson for the day is.....

If you get a court summons ALWAYS APPEAR and defend your position !!!

[deedee1310]

Oh yeah forgot about default removal for that nice unsubstantiated debt.

N1 will do for that as well.

 

Indeed it will. I had to pay £65 for the Appication Notice. I feel a "Wasted Costs" order coming on.

 

I'm going to start an online dispute with the CRA and threaten them (and make good on the promise) with Court action, if they start talking rubbish about need Crapquest's permission to remove the entry. I read another CAG'ers post who had several entries in this way. Can't remember whose but will find it.

 

Looks like another late night for me.

[Curlyben]

Hey Dee why not join the CAG CRA SAR Club

[deedee1310]

Hey Dee why not join the CAG CRA S.A.R - (Subject Access Request) Club

 

Think I will. Sure I read that on one of your threads . Not sure if I want the mountain of paper but hey ho. Where do I sign up again?

[Curlyben]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112671-r-subject-access-request.html

The more the merrier

[payingonlyencouragesthem]

The main lesson for the day is.....

If you get a court summons ALWAYS APPEAR and defend your position !!!

 

Good point CB. A judge actually told me that if a claimant doesn't turn up then the chances of them winning are almost nil, provided you turn up. Very interesting and reassuring to note that Crapquest are no shows:cool:.

[NitrousOxide]

Hi,

Well done

Just wanted to point out that it isn't a twist!! That's usually what happens at a set aside. You start from square one with them re-serving you.

They may discontinue this time though

[deedee1310]

Hi,

Well done

Just wanted to point out that it isn't a twist!! That's usually what happens at a set aside. You start from square one with them re-serving you.

They may discontinue this time though

 

Thanks for making that clear for me Nitrous. In that case I'm going to start working on an N1 for a case against them for all the points as discussed earlier. As I said at the start of this thread, if it's a fight they wanted they've got one and my boxing gloves are on (I've been told that I've got a mean right hook ).

 

Any thoughts and ideas for the wording will be as always greatly appreciated.

 

deedee x

[Laiste]

Hi Deedee,

 

It is absolutely fabulous news that you got the set-aside, I am so pleased for you, well done! You clearly argued your case very well and from the comments you have related that the Judge made, he was clearly very impressed with what you had to say!

 

Whether or not Crapquest serve the claim on you again is anybody's guess! What I would advise is caution against issuing a claim against them straight away, wait and see what they do. It is always better to be the Defendant rather than the Claimant in a case, as the burden of proof rests with the Claimant to prove their case. In other words, it is more of an uphill battle if you are the Claimant as you are saddled with the responsibility of having to prove everything you allege on a balance of probabilities.

 

I don't have a lot of time at the moment to go through things, but I will guarantee you that there will be a long list of laws they have breached. So if either they re-issue the claim or you have to start proceedings against them, surely it's better to get as many arguments together as possible, to claim as much in damages as possible and make their lives absolute hell...??? Don't be tempted to rush into this, I am the Queen of claims/counter-claims, even if I do say so myself;) LOL, but they take a great deal of time to draft, so the better prepared your claim/counter-claim is, the more you will frighten them and the more you'll get in damages!

 

It takes time to prepare for war and I should know having started a few with numerous Companies! LOL

 

Best wishes for the battle ahead!

 

Regards,

 

Laiste.

[vinegarvera]

Just wanted to add my congrats!!!!

I love these posts they keep me going!!!!!

[deedee1310]

Hi Deedee,

 

It is absolutely fabulous news that you got the set-aside, I am so pleased for you, well done! You clearly argued your case very well and from the comments you have related that the Judge made, he was clearly very impressed with what you had to say!

 

Whether or not Crapquest serve the claim on you again is anybody's guess! What I would advise is caution against issuing a claim against them straight away, wait and see what they do. It is always better to be the Defendant rather than the Claimant in a case, as the burden of proof rests with the Claimant to prove their case. In other words, it is more of an uphill battle if you are the Claimant as you are saddled with the responsibility of having to prove everything you allege on a balance of probabilities.

 

I don't have a lot of time at the moment to go through things, but I will guarantee you that there will be a long list of laws they have breached. So if either they re-issue the claim or you have to start proceedings against them, surely it's better to get as many arguments together as possible, to claim as much in damages as possible and make their lives absolute hell...??? Don't be tempted to rush into this, I am the Queen of claims/counter-claims, even if I do say so myself;) LOL, but they take a great deal of time to draft, so the better prepared your claim/counter-claim is, the more you will frighten them and the more you'll get in damages!

 

It takes time to prepare for war and I should know having started a few with numerous Companies! LOL

 

Best wishes for the battle ahead!

 

Regards,

 

Laiste.

 

My esteemed friend it is good to hear from you again.

 

You are quite right - it's just the vindictive side of me coming out, hence my wanting to claim against them first. Beside's my bank account will thank me for not having to fork out more court fees.

 

I will await Capquest's response but will still start formulating arguements formy defence, should they reclaim. I look forward to picking your legal brain should I have to do battle again with them

 

I had a recent success against them here deedee1310 v Littlewoods so my tally is now deedee1310 (2) - Crapquest (0).

 

Thank you once again for your help and support.

 

deedee1310 x

[deedee1310]

Just wanted to add my congrats!!!!

I love these posts they keep me going!!!!!

 

 

Thanks VV! This is my first "WON" thread. I love it!

 

Here's to many more to come, for all of us

[rory32]

Well done Deedee

 

Congrats on your win (I'm sure it won't be your last).