Slightly crossed lines I think. I received an SD So I informed CQ that I intended to set aside and smack them for costs. They instantly replied with a letter that I had to sign for stating that the SD was nullified. Reason for the registered letter in my opinion was to short circuit any demand I made for costs. I may be wrong but I was of the opinion that once a SD is issued then the issuer cannot stop you from starting the set aside process by declaring that they do not wish to proceed. In my case as I know capquest do not have a leg to stand on, they were making sure that they had signed for proof that I knew that they had withdrawn the SD to show to the Judge to negate my request for costs. SG you are correct, set aside first then costs schedule afterwards but costs filed at court before the date of hearing.

Capquest are sending these out like confetti at the moment. Best bet is to write to them stating that you intend to file for a set aside and supply a schedule of your costs to the court. You will then get a signed for letter from them stating that they are nullifying the SD. After that you will start getting phone calls again. When answering these calls if you ask who is calling without identifying yourself they will say that "I am not able to divulge that information". Doing a 1471 will show number withheld. At this point it may be worth reporting the harrassing calls to the police and requesting your telephone provider to track and log all incoming calls at exchange level so a complaint can be made.

"We mere mortals" and "do not" rather than us and don't. Don't normally do the grammar police thing but it does scan better that way.

From everything I have read here the general opinion is not to ignore a SD but apply to have it set aside within the 18 day window. When filing for a set aside you should work out a schedule of your costs covering time researching (that includes reading threads here) travel to court etc and submit it to the court before the date of the set aside hearing. I'm a relative noob at this but must say that the advice on this site is spot on and has saved us a lot of worry. DCAs count on your fear and uncertainty to get you to knuckle under. If you stand up to them they tend to slink off like most bullies when confronted.

Threadjack off. Received letter a few minutes ago by registered delivery stating that they are nullifying the sd as they were not aware account was in dispute. (yeah right) Think I have grounds for a complaint to the fos due to them using sd without being in possession of full info but pursuing anyway. Bet they sent the nullification letter registered to try to short circuit any application for costs.

Posting as a possible assist to yellow not a thread hijack. grounds for set aside Account has been in dispute for over a year due to no cca being supplied despite repeated requests to various dcas (£1 fee returned, I have kept the postal order and covering letter) Barry Davis not contactable (doubt if he will be available) so this is a possible not a definite. Inappropriate service of sd by post not by process server

Just got the same thing via registered post (similar amount claimed). Posty tried to deliver it thursday to my missus but as she was away visiting her mum I refused it and requested a redelivery this morning just so the dates are right for a set aside. Will be phoning Barry Davies tomorrow, wed and thursday to inform him that an application for set aside will be made (I'll let you guys know if I actually manage to speak to the elusive pimpernel). Will make a point of supplying a schedule of costs to the court incurred while researching this matter (about £300 I reckon). Reckon we'll pop into Basildon county court Monday and file the set aside forms + swear affadavit. Any way I can force the elusive mr davies to show up at the hearing? I want to see them squirm.

I seem to remember a case involving a motorcycle speeding along Southend seafront. He set off 3 speed cameras but successfully had it reduced to a single offence in court. Not the same as your case but has parallels. I've been googling but cannot find the article (might be worth asking on one of the speeding /camera sites)

I was fiddling around with an adjusted template yesterday that might just fit your situation. Got a lot of help tweaking it from the good folks here. It can be found in this thread. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267794-fiddling-doorstep-template-bit.html Send the cca first, wait 12 + 2 days then the account in dispute then possibly the linked letter if they cannot come up with the paperwork. edit sorry assumed you had already cca'd and disputed.

If I hear of any of my friends/neighbours getting stressed over this sort of thing I will be offering my services foc to send the parasites packing Checking my white knight gear----nope got none of that. Recheck Armoured black leathers Heavy boots Attitude problem Some knowledge of the law Nasty sense of humour Automatically takes side of underdog when it kicks off. Check

Thanks Elsa that just about dots all the i's and crosses the t's. I'd note that I would not use violence in any way against a doorstepper. Nasty vicious insults without resorting to bad language seem much more effective in raising blood pressure. That's one of the techniques I used against the phone trogs. I'd spend 5 minutes politely going hmmm, yes, of course. Then in exactly the same polite tone of voice come out with the grossest comment I could think off. There would be a moment of unbelieving silence then "WHAT DID YOU SAY" I'd reply, Sorry did I say that out loud? then put the phone down:D

Yep I got ambushed by an English lass 20 years ago and have been a prisoner ever since.

Thanks Deb, I'll do a bit of digging on those points unless someone can advise me off the top of their head. Personally I was quite looking forward to a door step visit but the missus said no so I'm going this route. Wonder if their doorsteppers have ever run into an angry Scottish biker with a flair for off the cuff random insults.

Couple of very minor adjustments. This is what I'm going to send. Anything else that should go in? References to oft etc? xx/xx/xx Dear Sir/Madam, Account Ref: xxxx With reference to your letter of xx/xx/xx As you will be aware from previous correspondence, I now consider the above account to be in dispute. I have yet to recieve the requested Consumer Credit Agreement which I requested in my letter of xx/xx/xx, sent by Royal Mail Recorded delivery and signed for/accepted by your staff on xx/xx/xx. You were obliged to supply this upon request and receipt of the statuatory £1 fee, within the timescale proscribed, which you failed to do. The fact that you chose to return the postal order uncashed does not release you from your obligations under the law. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore, please take note that I hereby revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. I require you to cease any and all contact with me while this account is in dispute unless you wish to supply me with a true copy of the original CCA, requested in my letter of xx/xx/xx. Failing this, I will apply an administration charge of £25 for each further item of correspondence with you or your representatives, please note that telephone calls will be considered correspondence and will be recorded and a date/time log kept. As you seem unable or unwilling to comply with my request for the above mentioned CCA, I require you to cease processing my data and futhermore cease any attempt to contact me either by telephone or by post until a true copy of the requested CCA can be supplied. All further correspondence will incur the above mentioned £25 fee. Yours faithfully, PRINTED NAME

Thanks Halibutt, robbers way just resurfaced after a hiatus. They've given up phoning after I finally cracked and explained that all the time they were on hold waiting for me was just to give some other poor sod a bit of peace and quiet.