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

[Laiste]

Hi Deedee,

 

Before I answer the Q's posed in your last post, could you post up the exact details as they appear on the Notice you have received this morning.

 

I may not reply for an hour or so, as I am off to go and get my morning latte, my brain doesn't really wake up until I've had my caffeine fix! lol

 

Back a little later.....

 

Laiste.

[deedee1310]

Cool. I will upload to Photobucket (wish me luck).

 

deedee

 

Here it is. I hope it comes up clearly

 

 

PAGE 2

 

 

PAGE 3

 

 

One last thing. They have spelt my name incorrectly on the AOE. My first name is missing a letter, so am I right in assuming that they have technically not served on the correct person?

 

After re-examining my credit file, my name is spelt incorrectly on the entry showing the judgement, which means that they obtained a judgement against me with the incorrectly spelled version of my name.

 

Any thoughts?

[Brassed off]

Dee Dee - Subscribing

 

BO

[Laiste]

Hi Deedee,

 

Sorry for not getting back to you earlier, something came up!

 

Okay firstly, the Application Notice needs to filed on Monday without exception, so that we can do all in our power to stop the AoE going ahead and also to prevent your employment details being furnished to the enemy!

 

Secondly, you have been instructed to provide said information within 8 days of receipt of the Order. I suggest you ring the Crt 1st thing on Monday morning and tell them you received the Order on Monday (16th July, not the whole truth, but morals are not the issue here!) and that it is your intention to submit your request for a set-aside on Monday also. If you have to make the phone-call and get someone else to take the paperwork to the Court, then do that. Confirm with the member of Crt staff (I would ask to speak to a Manager, and make sure you get their name) that you have until the 24th July?? to do the AoE. Also ask, given that you are submitting an app notice for a set aside, do you need to ask in that notice for the AoE to be stayed until the set-aside is dealt with? Only a senior person at the Crt can deal with this, so please don't deal with the foot soldiers, it will jeopardise your case!

 

You need to be sure in submitting the app notice, that it will address and delay/stop the action, vis a vis the AoE Order. If things don't go your way and you have until the 24th July to submit the AoE, hopefully the app notice will cancel out the AoE Order. When you take the App Notice to the Crt, you must state that it is a very urgent application and ask when the Judge will see it, given that it's of the utmost urgency. If you don't use this language, you will end up on a long waiting list and the AoE will have been set in motion! When it's your future at stake, you need to be as forthright and proactive as a situation demands, there's no room for being a wallflower! Courts just process cases, they don't have the time to give a damn about anything else, so it's up to you to do all you can to move the case in a way you want it to go, in your favour, hopefully!

 

I think the Courts open for queries at 10am. I will send you a PM with my mobile, so you can call me between 11am-1pm if you need further advice on Monday.

 

Regards,

 

Laiste.

[deedee1310]

Dee Dee - Subscribing

 

BO

 

Thanks Brassed Off.

 

I have been following your thread for the last two weeks as you seem to be having as much "fun" with CrapQuest as I am.

 

Keep on at them and don't let it get to the CCJ stage. The bar stewards are making my blood boil

 

Best of Luck to you too.

 

deedee

[deedee1310]

This is the wording I intend to use on my N244.

 

I wish to apply for a set aside as I did not receive the response pack at the time of application. If I had, I would have submitted a defence against the Claimant as I believe that no agreement exists between the Claimant and myself.

 

I was unaware of the existence of this debt until I received a recent copy of my credit file held with Experian. I then requested a Consumer Credit Agreement from the Claimant on 15 June 2007 under s.77 (1) of the Consumer Credit Act 1974, to enable me to establish the ownership of this debt. I also made this request to assist me with establishing the identity of the original creditor, as I do not believe that this identity belongs to the Claimant. This request has been ignored by the Claimant and has now been in default since 2 July 2007. A copy of my request is attached to this Application.

 

Until ownership of the debt can be established. I respectfully request that the order be granted in order to facilitate this.

 

 

Can anyone comment? Thanks, in advance.

 

deedee

[Brassed off]

Thanks deedee - together we'll sort em!! LOL

 

BO

[deedee1310]

Can anyone also advise as to whether the mis-spelling of a name can invalidate a judgement? I remember when studying the Law of Contract a very long time ago, that the names of the parties had to be correctly spelt as this could invalidate the contract.

 

CrapQuest have consistenly presented an incorretly spelt version of my name to both the CRA and the Court. I'm also trying to do my own research into this but would appreciate any answers.

[tomterm8]

it doesn't invalidate a judgement, but it does make it much easier to have it set aside if, e.g. you didn't respond to it. It is a criminal offence to open someone elses mail, so you can simply say you didn't open it:)

 

p.s. it WOULD invalidate a default notice, or a notice of assignment, however, meaning that (for a consumer credit dispute), the judgement would have been improperly granted.

[deedee1310]

Thank you tomterm.

 

I will re-word my N244 and post it here for inspection!

 

deedee

[deedee1310]

I wish to apply for a set aside as I did not receive the response pack at the time of application. If I had, I would have submitted a defence against the Claimant as I believe that no agreement exists between the Claimant and myself.

 

I was unaware of the existence of this debt until I received a recent copy of my credit file held with Experian. I then requested a Consumer Credit Agreement from the Claimant on 15 June 2007 under s.77 (1) of the Consumer Credit Act 1974, to enable me to establish the ownership of this debt. I also made this request to assist me with establishing the identity of the original creditor, as I do not believe that this identity belongs to the Claimant. This request has been ignored by the Claimant and has now been in default since 2 July 2007. A copy of my request is attached to this Application.

 

I believe that my name has also been spelt incorrectly on the original judgement as it is the incorrect version that is shown on my credit file. It is my understanding that the Credit Reference Agencies only hold information that is considered to be accurate, as given to them by the reporting creditor. In my case, this information is incorrect. It is my belief that as a result of this, the judgement has been improperly granted.

 

Until ownership of the debt can be established. I respectfully request that the order be granted in order to facilitate this.

 

Once again any comments are appreciated.

 

deedee

[Laiste]

Deedee,

 

The letter should start, Respectfully, I wish to apply for a set-aside of the Judgment given in this case to the Claimant, Capquest.

 

I will look at the rest of it later as I have to go out.

 

Regards,

 

Laiste.

[deedee1310]

Thanks again Laiste.

 

I look forward to hearing from you later.

 

deedee

[Laiste]

I wish to apply for a set aside as I did not receive the response pack when the claim was issued. Had I received the claim, I would have submitted a defence and counter-claim against the Claimant, as it is my belief that no credit agreement exists.

I was totally unaware of the existence of the County Court Judgment, until very recently, when I obtained a copy of my credit file from Experian. On the basis of that information, I requested a copy of the credit agreement on the 15th June 2007, from the Claimant, that the alleged debt refers to, under s.77 (1) of the Consumer Credit Act 1974. My request has been completely ignored by the Claimant and they have now been in default of said request since 2 July 2007. I have enclosed a copy of the letter sent to the Claimant, as evidence of my request.

 

Additionally, my name has been spelt incorrectly on the original Judgment and it also appears incorrectly on my credit file. It is my understanding that the Credit Reference Agencies only hold information that is considered to be accurate, given to them by the reporting creditor. In this situation, my personal details are wrong. It is my contention that as a result of this and the aformentioned reasons, the Judgment has been improperly granted.

 

I would therefore respectfully ask the Court to set-aside the Judgment, on the basis that I never received the claim pack and consequently was denied the opportunity to respond to the claim; which I would have done as it is my sincerely held belief that no credit agreement exists.

 

deedee

 

Hi Deedee,

 

I've changed quite a bit of it, I hope you don't mind!

 

Regards,

 

Laiste.

[deedee1310]

You are a star. You kept the essential things that I had written in any case .

 

I am amending my N244 as we speak. I will try and submit it, during my lunch break. Do you think I should try and speak to the Court Manager in person too or just stick to the phone?

 

deedee

[ODC]

It seems that a lot of CCJs are being granted without the knowledge of the alleged Debtor. What have the DCAs to fear??????. THE TRUTH

[deedee1310]

It makes my blood boil! Once I got over the "sick" feeling I felt as I opened the letter, it turned to cold fury. HOW DARE THEY?!

 

Anyway I hope my N244 does the trick tomorrow as will a conversation with the Court Manager. This is the last thing I need. I did worry about this one initially as I knew that they hadn't tried to enforce the debt and would probably start to, once I had started to make enquiries.

 

Wish me luck for tomorrow. :o

 

deedee

[Laiste]

Hi Deedee,

 

I wouldn't bother trying to speak with the Court Manager in person, as Monday is their busiest day, so the chances are very remote indeed!

 

I hope all goes well with your submission tomorrow and querying the AoE.

 

Regards,

 

Laiste.

[deedee1310]

Thank you Laiste.

 

You seem to keep as long hours as I do!

 

I will let you know how I get on.

 

deedee

[ohoh4312]

Hi deedee

 

Sorry, I was following this one, but haven't checked in for a couple of days:o

 

I often wonder if aliens run all the DCA's, as they seem to operate in a totally amoralistic and inhuman manner.

 

Anyway, I just wanted to wish you all the very best for today; but with the excellent support and advice you have been given, and that wonderful brain of yours, I am convinced you will be fine.

 

Now I need to get back to sleep - I think I have caught your habit of waking up at this time!

 

You are in my thoughts as always.

 

Lotsa luv

 

Jo xx

[spiritgirl59]

Hi deedee

 

Subscribing - and wishing you all the luck in the world for today

 

Love Spiritgirl x

[kfdh1962]

Hi Deedee... good luck for today ...

[deedee1310]

Thank you everyone for your kind messages. I am now back from Court.

 

Will update later, as I left my bed suffering with a raging fever to go and submit the documents, and now feel close to fainting. So back to bed I go!

 

deedee x

[ohoh4312]

Oh Deedee you poor thing.

 

All this stress has obviously taken it's toll on you. Make sure you have a proper rest, and let us know when you feel better.

 

Thinking of you, and wishing you well.

 

Jo xx

[monkey_uk]

Hi deedee, hope you're feeling a little better!

 

How did it go today?