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    • LouLouDev79
      Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side - hearing in 2 days - Witness Statement help urgent!

      By LouLouDev79 · Posted

      Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • flimes
      Trade Centre Uk/Moneybarn UK - right to reject car after finance paid off early

      By flimes · Posted

      Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • northmonk
      NPC/DCB(L) Vanishing Windscreen PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

      By northmonk · Posted

      Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • NewsBot
      Tesla China rival BYD sees profits slump due to EV price war

      By NewsBot · Posted

      Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • dx100uk
      NPC/DCB(L) Vanishing Windscreen PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

      By dx100uk · Posted

      please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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

deedee1310

By deedee1310
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Brassed off

Brassed off

Posted
Posted

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

 

party0003.gif

party0019.gif

 

 

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

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deedee1310

deedee1310

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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!!!

sign0066.gif sign0066.gif

 

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 :p;)

 

deedee xx

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My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Brassed off

Brassed off

Posted
Posted

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:)

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deedee1310

deedee1310

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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! :p

 

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!!

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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deedee1310

deedee1310

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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. :p

 

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!

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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deedee1310

deedee1310

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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.

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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deedee1310

deedee1310

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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. :D

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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deedee1310

deedee1310

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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?

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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payingonlyencouragesthem

payingonlyencouragesthem

Posted
Posted
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:.

"Why CCJ when you can CCA!"

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deedee1310

deedee1310

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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 :p;) ).

 

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

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Laiste

Laiste

Posted
Posted

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!:rolleyes: 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.:)

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deedee1310

deedee1310

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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!:rolleyes: 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. :p

 

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

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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deedee1310

deedee1310

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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 party0005.gif

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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rory32

rory32

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Posted

Well done Deedee :D

 

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

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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