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

[deedee1310]

Hello everyone.

 

I still feel like poo but the fever has broken (for now) so I will quickly update.

 

I called the Court and spoke to a nice gentleman who advised me what to do. I did start off by asking for the Court Manager as directed by Laiste but he broke down the process for me and told me to ask for him when I came to submit my forms.

 

I duly went this afternoon and he was as good as his word. He came out from the back office and checked over my form before I submitted it. Just as well really as my fever-addled brain had missed a few things off the form! LOL!

 

Basically I have done the following;

 

1. I DID complete the AOE but stated that I was self employed (not technically a lie as I have set up a business this year, have proof as well)

 

2. The effect of stating self employment is that it effectively cancels out the AOE as an application for one will not be granted if the defendant is self employed.

 

3. I then submitted my N244 using the wording that Laiste kindly supplied which was based on my original draft. I made a small amendment to state that the CCA request etter had been signed for on 18 June 2007 and included a copy of my receipt and the website printout showing that it had been signed for.

 

The effect of the above is that on 18 July when the AOE clerk sees my completed form, the application will be cancelled (due to self employment). If I hadn't submitted it today, regardless of the fact that I only received it (today - Laiste), it would still have been due on this date. When the AOE clerk runs the report on this date, the next stage is AUTOMATED so I would have had a summons issued for non-compliance. Eek.

 

Now when Crapquest get the news that they can't get an AOE, they will more than likely move for a Warrant of Execution to be issued. However, they will now find an N244 blocking their way. I ticked that I would like a hearing on the form and I will be interested to see if they will actually turn up at court. The bar stewards

 

Oh well if it's a fight they want, it's a fight they'll get. I've rolled up my sleeves and I'm ready for round two.

 

Thanks to Laiste, POET, tomterm, Jo and all of you who have been reading this thread.

 

BATTLE HAS COMMENCED!!!

 

PS - sorry for the rude smilies but they sum up how I'm feeling!

 

deedee xxx

[monkey_uk]

well, good news in a way then! keep us posted!

[payingonlyencouragesthem]

Good luck Deedee - not that you'll need it. They almost certainly won't produce an agreement and will probably end up owing you money if you counterclaim.

[Brassed off]

Now when Crapquest get the news that they can't get an AOE, they will more than likely move for a Warrant of Execution to be issued. However, they will now find an N244 blocking their way. I ticked that I would like a hearing on the form and I will be interested to see if they will actually turn up at court. The bar stewards

 

deedee xxx

 

 

Oh LOL

 

Deedee, reading this has made my day:)

 

Excellent news - rooting for you.

 

BO x

[ODC]

Hello everyone.

 

I still feel like poo but the fever has broken (for now) so I will quickly update.

 

I called the Court and spoke to a nice gentleman who advised me what to do. I did start off by asking for the Court Manager as directed by Laiste but he broke down the process for me and told me to ask for him when I came to submit my forms.

 

I duly went this afternoon and he was as good as his word. He came out from the back office and checked over my form before I submitted it. Just as well really as my fever-addled brain had missed a few things off the form! LOL!

 

Basically I have done the following;

 

1. I DID complete the AOE but stated that I was self employed (not technically a lie as I have set up a business this year, have proof as well)

 

2. The effect of stating self employment is that it effectively cancels out the AOE as an application for one will not be granted if the defendant is self employed.

 

3. I then submitted my N244 using the wording that Laiste kindly supplied which was based on my original draft. I made a small amendment to state that the CCA request etter had been signed for on 18 June 2007 and included a copy of my receipt and the website printout showing that it had been signed for.

 

The effect of the above is that on 18 July when the AOE clerk sees my completed form, the application will be cancelled (due to self employment). If I hadn't submitted it today, regardless of the fact that I only received it (today - Laiste), it would still have been due on this date. When the AOE clerk runs the report on this date, the next stage is AUTOMATED so I would have had a summons issued for non-compliance. Eek.

 

Now when Crapquest get the news that they can't get an AOE, they will more than likely move for a Warrant of Execution to be issued. However, they will now find an N244 blocking their way. I ticked that I would like a hearing on the form and I will be interested to see if they will actually turn up at court. The bar stewards

 

Oh well if it's a fight they want, it's a fight they'll get. I've rolled up my sleeves and I'm ready for round two.

 

Thanks to Laiste, POET, tomterm, Jo and all of you who have been reading this thread.

 

BATTLE HAS COMMENCED!!!

 

PS - sorry for the rude smilies but they sum up how I'm feeling!

 

deedee xxx

You will have ruined someones day over in the paralell world that is Crapquest. There they were thinking they had got another rubber stamp CCJ and you come along and pee on their parade. I wonder how they will explain that you werent told of anything

[deedee1310]

Oh LOL

 

Deedee, reading this has made my day:)

 

Excellent news - rooting for you.

 

BO x

 

Thank you BO. Glad it's cheered you up

 

I still feel too sick for the implication of it all to hit me - yet. I can't wait for the hearing date. I will be there with bells on!

 

deedee xx

[deedee1310]

You will have ruined someones day over in the paralell world that is Crapquest. There they were thinking they had got another rubber stamp CCJ and you come along and pee on their parade. I wonder how they will explain that you werent told of anything

 

Well in DCA land anything goes, so I'm sure that they will come up with an excuse(s) that sound plausible to THEM.

 

I fully intend to stick to them. They're TWITS.

 

deedee x

[deedee1310]

Well my AOE should have been processed yesterday but I haven't had a chance to check the status with the court.

 

My cheque for my N244 was debited to my account today. Yippeee!!

 

Will update again as soon as I receive any paperwork.

 

deedee

[deedee1310]

FALSE ALARM!!!!

 

The cheque that cleared was for my N1 against shAbbey which I filed last Friday.

 

Never mind. At least that's some progress with one of my claims!!

 

deedee x

[deedee1310]

..

[deedee1310]

YIPPPEEE!!!

 

The cheque for my N244 HAS cleared today. So I'm hoping next week will bring me some paperwork showing a date of service and a proposed hearing date

 

deedee

[deedee1310]

Oooh - how annoyed am I?!!!!

 

I came home today to find a letter that was posted from the court yesterday. It was from the bailiff who had tried to serve an N61 form on me. This form is an "Order for Production of Statement of Means". This is only sent if the defendant FAILS to return the N56 "Attachment of Earnings Order". The letter has a number on it for me to call the bailiff so that he can serve the papers on me.

 

If you remember I dragged myself from my sick bed to hand this form (N56) in! Thank goodness I had the presence of mind to ask the clerk to photocopy it for me, so I have a stamped copy showing that it was filed on 16/7/2007.

 

Irritatingly enough, when I called the court on Wednesday to see the progress of my Application Notice and whether the AOE had been processed, I had to deal with a twerp. He took over 10 mins to give me the information I wanted. The long and short of it is that my N244 had not yet been sent to a judge and the N56 had not been processed yet either. He informed me that there was a 10 day (????!!!), backlog and that there was a staff shortage as people were away on holiday. NOT MY FLIPPIN' PROBLEM!!! He said that everything would processed in due course.

 

I'm so p***d off and angry as I now have to wait until Monday to try and get to the bottom of this. :mad:

 

RANT OVER!!!!!

[ODC]

All you have to do is send the baliff a copy of the N56 copied and signed by the clerk

[deedee1310]

Thanks ODC. Do I send it to the court office?

[ODC]

Thanks ODC. Do I send it to the court office?

Yes but try ringing the Baliff just to let him know you had already submitted it within the timescale. Its not your fault the Courts are running behind. The baliff should have known this. He was a bit quick off the mark if you ask me

[deedee1310]

It's strange because the N61 was POSTED using the Royal Mail. The franked impression on the envelope was marked 26/7/07.

 

I'll call the court and the bailiff on Monday.

[silvercircle]

i just have gotto ask how did capquest get a ccj against you without proof of ownership of the alleged debt, and more so without your knowledge?

[deedee1310]

i just have gotto ask how did capquest get a ccj against you without proof of ownership of the alleged debt, and more so without your knowledge?

 

That's what I'm trying to find out! Apparently this is not as uncommon as one would think. My CCJ from Capital One was granted in a similar fashion. I didn't receive their response pack, if I had done so, I would have put a defence in. The first I knew of this CCJ was when I checked my credit files

 

Either way they're trying to play dirty now so I'm fighting back. They had FOUR months to try and enforce the debt and only decided to do so because I made a CCA request. Tomorrow 30/7 they will have committed a criminal offence under the CCA Act for not complying with my request. As you will have read from my thread, I have put an Application Notice in as I want a hearing with a judge to have their judgement set aside. I really want to see them in court and to see the document(s) upon which they will rely on to try and dissuade the judge from granting the order.

 

deedee

[conar686]

*Subscribing* Any updates DD, Trying to get a CCJ set aside aswell

[deedee1310]

*Subscribing* Any updates DD, Trying to get a CCJ set aside aswell

 

Hi Conar!

 

I've been away for two weeks. Came back on Tuesday to find that a date has been granted for a hearing on September 24th 2007. It is expected to last 20 minutes. I'm going to prepare an ultra mini bundle which will basically consist of the letters I have sent r.e. my CCA request, my credit file entry showing the incorrect spelling of my name and their AOE application which was applied for a full 4 months after judgement was granted plus anything else that I can think of.

 

It is extremely annoying to have to go through this but I'm not backing down on this one.

 

I will update this thread again after the hearing, unless something dramatic happens before then.

 

You will see from my Capital One thread, deedee1310 v Capital One that I am also wanting them to have the CCJ obtained against me set aside too, for similar reasons, as part of the settlement for my claim against them. I'll keep pushing as I'm not forking out another £65 for an N244 Application.

 

Best of luck with your claims.

 

deedee

[deedee1310]

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

 

 

[Curlyben]

[payingonlyencouragesthem]

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

 

 

 

Congratulations!!! Let us know what happened when you have a mo.

[djdave]

Excellent! Always nice to see a victory for a CAGger, especially at C*apquest's expense

[ohoh4312]

 

Well done deedee - I am absolutely chuffed to bits for you.

 

There is some justice in the world after all!!

 

Looking forward to reading all the details.

 

Lotsa luv

 

Jo xx