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

[Laiste]

Hi Deedee,

 

Sorry about the delay in replying , as I think everyone knows my computer hasn't been well!

 

I think the best course of action would be to find out definitively if the company holds an agreement first before you file the N244. You need to send a forthright, follow up letter by guaranteed delivery, not recorded it's useless! I would not ordinarily suggest that anyone chases a bank, credit card company or DCA for an agreement, but your situation is different. Whilst you could file the N244 on the basis of not receiving the claim pack alone, which of course is a very strong argument, you will have a stronger case if you can also demonstrate that you would have had a sound basis for defending the claim, eg. no agreement, or an irredeemably flawed agreement. If you couldn't give the Judge such a good reason, so that when it came down to it, the outcome would have been the same i.e.the CCJ (save for a reduction in the amount claimed due to penalty charges) he would reject the set-aside. You need to cover all bases and make your case watertight.

 

Whilst you may not necessarily have felt able to respond to their claim in March, you know what the arguments are now and can advise the Judge that you would have defended the claim on the basis of no agreement, or a fatally flawed one. Of course what you state will depend on what the company provides, or not as the case may be!

 

The Judge needs to know in granting the set-aside that it is not a waste of the Court's time and resources and that the outcome would have been entirely different had you received the claim pack.

 

I hope this is helpful for you!

 

Regards,

 

Laiste.

[Laiste]

Hi Deedee,

 

It looks as though Capquest have probably got wind of what you're intending to do, hence the AoE. Yes, you will need to apply for the set-aside straight away, under the circumstances. When the set-aside hearing takes place, you will simply advise the Judge that you would have defended on the basis of the agreement's validity. As long as he/she can see that you would have submitted a credible argument, you will be fine.

 

You need form N244 (application notice) which will cost £65.00 to submit. When detailing your reasons, it is best not to write in Part C, but to type up a letter, it just looks better. Then staple/paperclip it to the app notice. You also need to take two copies of both the app notice and the letter. You file the original at the Court, keep one copy for your file and send the other to the Claimant.

 

I've just had a further thought. When giving reasons, in addition to non receipt of claim pack, it is worthwhile stating in respect of the agreement, that it is your belief that no agreement exists.

 

I hope this helps.

 

Laiste.

[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.

[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.

[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.

[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.

[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.

[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.