ok i have received a letter from the original creditor, the postal name and addy were mine then it started Dear Mr xxxxxxx (nothing like my surname and i am female too) stating they will be forwarding the information i have requested. I have also emailed Scotcall explaining the SD was issued prior to their letters and that i understand its an abuse of inslovency practice to try and collect while awaiting the set aside hearing, that it was set aside and i have applied for a SAR, they have thanked me for my email and are closing the account and returning it to capquest as it is still in dispute. A very productive week for me so far. tigs

Ok have sent off my SAR on friday recorded delivery and a £10 postal order includedto the original creditor. Today i received another letter from Scotcall giving me 10 days to reply to avoid possible further action, these are the same dca that contacted me fon behalf of capquest while we were waitng for the set aside hearing. How shall i reply to this letter. Any help most appreciated. Tigs

ok 42man will get right on to it. Tigs

Ok i have clarification today in a letter from the courts, the SD has been set aside...........so thats some good news i think what can capquest do now? Tigs

the words she used where adjourned but i think she ment set aside i was in there a couple seconds, totally confused, i will ring the courts tomorrow. tigs

i wasnt allowed to ask anything so not a happy person ...............roll on the summons and i will be fighting................grrrrrrrrrrrrrrrr

Well i'm not a happy bunny ...................got to court judge called me in told me she had a letter to say they werent turning up, that when they have their evidence together they will issue a court summons and i can either pay it off or wait for the summons,case is adjourned, thankyou for coming goodbye. So what a waste of my time and my energy, i didnt even get to say a thing. Tigs

Ok wish me luck folks, the Judge wants me in court even tho Capquest are not going to be there, costs sorted and evidence and arguement ready..................................plus plenty of deep breathing being done. Tigs

Well Folks this morning i have received a letter from Capquest and i shall copy a paragraph here: "we do not accept that the debet is not due however in view of the time considerations and use of the courts time we ask that the application be granted but with no order as for costs. If as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a clain in county court which will allow the applicant the opportunity to defend the claim. There are no additional matters upon which we will be able to assist the court at the hearing of the application to set aside the sd and in view of this and with a view to saving costs we therefore ask that our attendance at court on 25 jan2010 be excued and that this letter should be placed before the district judge as an explanation of our absence" I have called the courts they have had a copy of the letter and are going to ask the judge if i need to attend. Thank you all for your help Tigs

Ok a bit more help needed here: This is my defence i am writing up at the mo: The statute demand i received was my first knowledge of this debt being sort after. I also have here a copy of the requirements imposed by OFT in a simliar case. Capquest are still in default of my request for a copy of my agreement, they sent me a copy of the application with no relevent terms attached, included with the screen print of the signed slip i received a covering letter stating i would receive a notice of assignement as of yet i have received nothing. The debt is barred by the Statute of Limitations act 1980, in their reply was that a payment was made of ....... on ........, i have here copy of my bankstatement for that month with no amount that matches theirs being paid out. (do i have the right to blank out the payees off of my bank statement and just leave the amounts payable) they havent shown any evidence to support their claim. I have since requesting the set aside hearing received from ............ a debt collection agency acting on behalf of capquest to collect the above mentioned debt, i have that here with me, ( i feel there is something i should put here but not quite sure, as i thought it might be an abuse of process) I have also not received a valid default notice. Feel free to suggest things to add or remove, any suggestions greatfully received. Tigs

Ok thanks 42man i have quite a bit to be getting on with i'll get onto it today and if i hit any probs i'll be back lol Tigs

thanks 42man, this is a supposed catalogue debt, do i have to apply for costs? can i also use the fact i havent had a notice of assignment, and what should i take to the hearing with me appart from something to steady my nerves. Tigs

OK HELP guys i have my hearing in a week and i dont know what i should be taking and saying and what points i should be using. Tigs

An update on this, i received a letter from Fredrickson today saying they have been instructed to take no further action and have closed the file............is that it then. So thankyou to everyboy who has supported me i couldnt have done it with out you. Tigs

Ok thanks hungrybear can i use this at my hearing another nail in the capquest coffin. tigs

Hi All i have just received a letter from Scotcall debt collecting Services telling me the capquest debt has now been placed with them and that i should pay with in 7 days, its a very christmassy letter as in big red letters DOORSTEP COLLECTION NOTICE- PLEASE READ CAREFULLY. my question is are capquest allowed to do this when i have a set aside hearing on 25th Jan? they provided me with a joke of a CCA an no proof its not SB. thanks tigs

Well Buzby i have emailed a complaint through and have still not even received one back acknowledging receipt, i feel like i'm banging my head up against a wall, oh and i did mention compensation in my email, as my OH isnt going to get his present untill this is sorted out.

Ty buzby, the bank are following the line that because it was a debit card they cant recall it, i have emailed a complaint thro to tesco as not even a call to me to say i'm getting my money refunded, i'm not a happy person at the mo. tigs

Hi All Just need to rant abit about my treatment by the above co., havig saved up to buy my OH his xmas pressie the sim free mobile he wanted i tried to order it online from the above company only to hit a technical fault when reaching the payment system, it said please try again so i did, on the third time of seeing this i didnt try again but called them to be told we are very sorry there is a technical error and no money would be taken, low and behold on monday i checked my bank and around £519 has been taken over 2 payments...................well i called them they had no knowledge of any orders for or money being taken, call to the bank got the transaction numbers for the payments call again to Tesco supplied them with the info and am still waiting for confirmation of refunds, having phoned them twice today and still nothing. Have also called consumer direct and they have told me to write a complaint and send recorded del, thats all ok but it doesnt get me my money back or a pressie for my other half...........i'm just so angry that some thing so simple as a refund takes so long and that companies dont seem to care about their customers. OK feeling slightly better now Thanx

I just like to be prepared. thanx 42man

Ok i have been having a few sleepless nights again worrying about the set aside hearing, and being me i prefer to have more to throw into the argument in case i need it, can i also use any of the following: 3 times i called Barry dates and times logged to be told he doesnt work in that office. No letter of assignment received even tho it states in the letter accompanying the photocopy of my over 18 status that one will be sent. The catalogue brand on the SD does not match the one on covering letter and the joke cca. copies from my bank acc for payment made in 2003 and copies from my bank acc showing there said payment didnt go out. Plus copies of letters recieved from capquest. Any thoughts most welcome

perhaps its an underground site for the undercover surviellance debt teams, i have read about them on this site.................very strange;) Tigs who knows she cant spell lol

Ok Folks i'm getting a bit jittery now as i have received my hearing date which is 25th Jan, what should i be doing in readiness and what do i need to take with me, the way i'm feeling at the mo i understand why people just pay up, but i'm trying to be strong. Tigs

Hi All After sending out the Account in dispute letter to day i received a reply................. an identical letter to the one i received after sending out the CCA request, referred the matter to our client will revert to you as soon as we have instruction and account on hold. Tigs

I would like to point out this piece from that article i quote: "so how can it be right for a site to effectively encourage people to make off with money that isn't theirs?" I think this is a 2 way street, pot kettle black comes to mind.