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

[deedee1310]

Hi there.

 

I need some help and advice. I have checked my credit file and it would appear that CapQuest have obtained a CCJ against me in March of this year . I have read many of the threads in this part of the forum but cannot find one that quite matches my situation.

 

I did not receive any paperwork with regards to this. I believe that they bought the debt from Citi Card. This account defaulted because I couldn't cope with the charges that were being levied against my account.

 

I have sent a CCA request to CapQuest on 15/6/07 and I am awaiting a response. If they do not reply by 2/7/07, they will be in default of my request and by 30/7/07, they will have committed an offence. Will a CCA request be enough to stop them trying to enforce the debt (i.e. issuing a Warrant of Execution)?

 

Should I wait for the above to elapse and then try and have the CCJ set aside? I'm not sure what to do. I subscribed to Which Legal Service but they weren't very helpful .

 

I need to go after Citi Card for the charges but need to try and deal with this first.

 

Any help and advice will be appreciated.

 

deedee

[NailPost]

You shold have received paperwork for this CCJ so you should be able to take steps so the first step would be to contact your nearest county court. Tell them you received no notification and obtain details of the judgement obtained against you. Then ask for their advice to set it aside.

 

Sending the CCA request won't have the same effect as a SARN and I would do this as soon as possible. It will force Capquest to send all details they have on you within 40 days. If they don't report them to the Information Commissioner and start a complaint against them with the FOS.

 

In the meantime if they go for a warrant of execution they will find an application for set-aside in the way and to have the warrant granted will mean having to prove they have the rights to collect all over again.

 

Best of luck and post again. Someone else with more experience with these clowns and this sort of case will be along soon.

[deedee1310]

Thank you Nailpost.

 

Off all the things I have on the boil at the moment, this one has me the most worried. Unfortunately I'm just about to start a new job, so will not be able to get down to my local CC. However, I will be there on 6/7/07 (for another matter), so will make my enquiries then. It costs £65 to file form N244, and I will get no remission now as I will be employed again

 

Do you think if I tried to find my case number (via the Courts Register), I could file my N244 asap. Will I be able to cite non-receipt of paperwork as my reason for applying for the set-aside?

 

I will fire off an SAR letter now and send it Recorded Delivery tomorrow.

 

In the meantime, thank you for your response so far, you have no idea how much you have helped.

 

deedee

[payingonlyencouragesthem]

Are you a homeowner? The CCA default will be sufficient to have the CCJ set aside - just mention it on the N244 and of course deny the debt. Also of course point out that you never received a summons.

 

You must send the form to the court where the case was heard not your local cc. Use this link to get the form:

 

Removal of CCJ's - Sample Form N244 - Notice of Application

[deedee1310]

Hi P.O.E.T!

 

No I am not a homeowner (soon to be but mortgage is in OH's name)!

 

I'm waiting for the CCA request to default which will be on 30/6/07. My rationale for requesting it was to use it as a grounds for a set-aside, (thank you for confirming this) and to get the debt returned to Citi Card.

 

I will still send them an SAR request as Nailpost suggested which I know they cannot comply with, just to tie them up with some paperwork

 

I'm pleased that you have replied to this thread as I have seen your input on various threads I have read recently.

 

I will update again soon.

 

deedee

[payingonlyencouragesthem]

I'm amazed they took you to court if you are not a homeowner. You need to move as soon as the CCA default happens as it would be a bit of a pain to start a new job with an attachment of earnings order. To be on the safe side you'll also need to say that the reason you are making an issue out of the agreement being produced is that you believe an ex partner is responsible for the debt;).

[deedee1310]

How would I phrase that? The thing is the Citi Card debt is mine but I know nothing of Cr*pQuest. The money they owe me for charges will cancel out the balance they reckon I owe them. Why does my being a tenant make a difference on their obtaining a CCJ?

 

This all stems back to a dark period for me which I have now overcome but it's been a slow road to recovery. I wish I'd support like this then.

 

Funnily enough Cap One did the same thing (obtained a CCJ). It got as far as them issuing a Warrant for Execution. If I'd known what I know now, it wouldn't have got that far. Bryan Carter recently sent me a letter stating that I had satisfied the debt for the judgement but that their client reserved the right to chase me for my remaining "debt".

 

I sent Crap One a Prelim letter last week, as they charged me well over £910 in charges for my £200 credit account.

 

Anyway P.O.E.T your help and advice with this and my Capquest problem will be gratefully entertained.

 

deedee

[payingonlyencouragesthem]

How would I phrase that? The thing is the Citi Card debt is mine

 

Without seeing the agreement, can you, or a court, be 100% sure;)

[deedee1310]

I'm following you.

 

So I would word the N244 along the lines of

 

"I wish to apply for a set aside as I did not receive any documents in relation to the judgement. Moreover, I have requested a CCA from the Claimant on mmddyy under s.78 (1) of the Consumer Credit Act 1974 which is now in default. Until ownership of the debt can be established. I respectfully request that the order be granted in order to facilitate this"

Please tell me what you think

 

deedee

[payingonlyencouragesthem]

Sounds very good to me. I especially like the "until ownership of the debt can be established" bit. I'll use that myself next time. Problem is some judges have been ruling in favour of CCA defaulters despite the law because they have produced statements proving the debt exists. A "wrong person" defence means the agreement has to be produced in order for the creditor to win.

[deedee1310]

I'm glad you like! I knew the Law units I took would come in handy one day.

 

I'm going to try and get the N244 lodged this week. We'll see what happens.

 

deedee

[ohoh4312]

Hello deedee

 

Just popped in to add my support - following this one with interest too; can't give you any advice, as you well know (!), just 100% backing.

 

Also, hope the new job went okay today - belated congratulations on that!

 

"Speak" to you soon

 

Lotsa luv

 

Jo xx

[deedee1310]

Thanks Jo.

 

Stop putting yourself down as you are more help to me than you realise!

 

BTW didn't start today as planned. Will start tomorrow instead.

 

Thank you for the wishes. Will "speak" to you later too. ;-)

 

deedee

[payingonlyencouragesthem]

Heh!

[deedee1310]

OK CrapQuest have not responded to my CCA request in any way, shape or form. I should really apply for the set aside now but I'm worried that my reasons may be deemed too trivial for the application.

 

POET has kindly given me ideas on how to word my N244 but I would seriously like some more input. Does anyone know if Laiste is about or anyone else with some legal knowhow.

 

POET if you have anything else to add, I would welcome it.

 

deedee

[payingonlyencouragesthem]

Deedee not receiving the summons and not being provided with the paperwork which you need for your defence are not trivial matters at all - they are grounds for set aside. Scroll around for Laiste and PM her - she is very busy at the moment but will respond.

 

Good luck,

POET.

[gizmo111]

The only grounds you have here for set aside are the fact that you did not receive the paperwork, get the judgement set aside, and if they re apply for it then use a new CCA request as part of your defence. The lack of a CCA now does not mean they didn't have it when they applied for judgement, all the lack of CCA does is make the debt unenforceable - it does not mean it does not exist -this debt has already been enforced through the court, and therfore at this point in time until you get the judgement set aside the CCA request is of no use to you.

Have you moved recently?

Have you SAR's Citi for your statements to claim back charges?

[deedee1310]

Thanks Gizmo and POET.

 

I have already PMd Laiste before I wrote my last post. I know she's busy but is good at replying, so will await her response too.

 

I want to move quickly on the set aside as I don't want Cr*pQuest to move for an enforcement of the judgement as Cr*p One did to me (pre-CAG days ).

 

I am due at County Court tomorrow for another matter - let's just say bank charges, being a student and being on a low income supporting two children, impacted all aspects of my life including keeping the roof over my head. Will I be able to see if the court has details of the Judgement if I ask a Clerk? I don't want to pay Registry Trust if I don't have to.

 

I will post up some draft wording of my N244 once I have all the details of the Cr*pQuest Claim.

 

Gizmo with regards to Citi I have all my statements (my card was originally with the Associates) but will probably put an SAR request in anyway as I would like to see ALL the information they hold on me.

 

Thank you all once again.

 

deedee

[tomterm8]

Did you get any charges added to the account? Did you recieve notice of default?

[deedee1310]

I'll have to look through all the paperwork I have. TBH it was at a time when I was burying my head in the sand (unlike now) because I was so stressed, and really unwell at the time.

 

I definitely did have charges added to the account. My default balance was around £2k. My credit limit was £1210.

[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.

[deedee1310]

Thank you Laiste!

 

I knew you'd come through. Hope your PC is much better. LOL! I used to repair PCs in my spare time. Perhaps we could do a skills exchange!

 

I will follow up my letter to Cr*pQuest. They have not responded since my first letter which I know was signed for.

 

I was worried that they might apply for a Warrant of Execution whilst I am trying to obtain this information from them, and did not want to antagonise and provoke them into action.

 

I am shattered and will need to be up in three hours. I have just finished working on my N1 for my Abbey claim as I am going for default removal and combining two claims together. If you get a minute free, could you cast your eye over it here Abbey POC.

Thank you so much for your advise above and I will get cracking.

Warm regards,

deedee

[deedee1310]

HEEELLLLPPPP!!!!

 

I've just got home and I have found a Notice Application for Attachement of Earnings order from Cr*pQuest.

 

Should I now apply for the set-aside?!!

 

Laiste told me that I should chase for the CCA but this is more pressing as they require the completed statement of means with in 8 days. The notice is dated 10 July 2007.

 

Please advise.

 

Thank you.

[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.

[deedee1310]

Thank you Laiste.

 

I was in the middle of writing another, more strongly worded CCA request to Capquest.

 

They have been in default of my request since 2/7/2007 and I was awaiting for 28 days to elapse for them to have committed an offence under the Act.

 

I just wanted your opinion on the following

 

1. Should I complete the AOE? (I am self employed although I have just started a new job for an employer as a PAYE employee)

 

2. Should I attach my CCA request letter to Capquest including proof of its receipt to my N244?

 

3. Should I still send the second CCA request to CapQuest so that I have added proof that I have pursued this as far as I can under the circumstances?

 

I have a PDF version of the form so will type directly to it and continue on another sheet of paper if needed.

 

Once again, your help is greatly appreciated.

 

deedee