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Capquest Summons court claim received - SUCCESS !

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  • Re: Capquest Summons received - VIP

    Hi
    Sorry for not coming back to you sooner but Friday events really knocked me. So much so Capquest have now entered my dreams or should I say nightmares.

    I think I understand now what has happened. Big thanks to Mystery1. J
    The DJ was not prepared. He was unsure what actually he was dealing with. My request for the case to be struck out or Capquest request for relief of sanctions.

    I pointed out that another Judge had made a ruling on my hearing but frankly I was put down by the DJ - I might as well of been a plant. Anything I said was not important. The otherside used this to there advantage and was hoping that the DJ would allow the documents to be served on me in the courtroom.

    Thankfully he said no and has asked for the two hearings to be heard again after the xmas holidays. "You cannot expect a Decision during this festive period" said the DJ

    I think he called it Stayed.

    The otherside seemed all glee because they have managed to get hold of the agreements, statements.

    The otherside approached me to give them to me but I said no way. That annoyed him.

    Also they felt this was a waste of time. We have all the information I requested why could we not move on. The DJ asked me was I happy with that and I said no and quoted Michel. That seemed to work. He called in the usher we had to go out for 15 minutes.

    When we were called in he said he wanted this stayed because he did not understand what was going on.

    I just wish the DJ that made the order was there because I think it would of been very different.

    The otherside did annoy the DJ as they asked about costs. He said to the DJ its not our falt you have to rehear the case and I would like the costs reserved. The DJ said on who - surely not the court. Anyway no costs.
    I am sure Capquest cannot see this as its in VIP.

    I found the court really hard to speak. I thought I would be given an opportunity. but found myself totally tongue tide.

    Thanks for all your support it was a big help. Just feel I let the side down.
    By the way the second blow was to receive a copy of the agreement – signed by me plus statements and the default notice. The tyerms are very difficult to read. Should I request a better copy or do nothing? They seemed to have got all the paperwork in order now.
    Wally

    Comment


    • Re: Capquest Summons received - VIP

      Just feel I let the side down.
      THAT is the one thing that you did NOT do Wally

      It takes a lot of guts to stand there and address a judge, especially when its one that does not know what they are there for, or what they are doing, and it is CLEAR that the judge is the one, that should NOT of been there

      The JUDGE is the one that has let the side down Wally by NOT doing their job, NOT YOU


      Only thing you can do now is STAND tall and keep fighting, and don't let them grind you down

      REMEMBER

      you have a LOTS of help and support right here

      Comment


      • Re: Capquest Summons received - VIP

        2 further things apart from the fact they haven't been granted relief from sanctions.

        It's nobody else's side but yours. We want to win but ultimately any decision or result belongs to you. We can be happy or sad but what happens affects your life not anybody else.

        If the copy supplied is unreadable or not easily legible then that will cause them different issues. It hasn't been given to you as part of a s78 reply (has it ?) but if it has or will be it cannot comply if it is not easily legible. That, however, is an issue for later.



        Also do you have your own agreement or default notice for comparison ? Are they compliant ?

        M1

        Comment


        • Re: Capquest Summons received - VIP

          I should also say, if you find court difficult contact PT2537 by pm and see if he can work out an arrangement to help with representation at the relief from sanctions hearing and maybe even take over the case entirely. It may or may not be possible but if you struggle in court it'd be worth asking the question.

          M1

          Comment


          • Re: Capquest Summons received - VIP

            Hi M1
            The letter is from the solicitors- and is title claiments application for relief from Sanctions no mention of s78
            reply. I will have look for the agreement and default notice- I think they were hoping that the court would accept it.

            The default notice they have given me has all the personel data removed - Crossed out

            I think they have used someone else. They are backing this up with a screen shot of the default notice entry. Its called Certgy Based product default notice details. It has a DFN code that matches the letter so I take it they will say this proves he got it.

            Wally

            Comment


            • Re: Capquest Summons received - VIP

              They'll say all sorts. If however you have your own and their court produced stuff is different they've got issues.

              Still they've got to get relief from sanctions first. Until then the unless order stands and the claim is struck out. Even if a judge says it is stayed after the event imo.

              M1

              Comment


              • Re: Capquest Summons received - VIP

                called Certgy Based product default notice details
                That wouldn't be this lot would it


                Certegy Ltd
                PO box 885
                Edgbaston

                Comment


                • Re: Capquest Summons received - VIP

                  Update - New hearing has been set for the 24th Jan 2014.

                  Comment


                  • Re: Capquest Summons received - VIP

                    One way or another we'll be ready for it. Good news with the Judge too

                    M1

                    Comment


                    • Re: Capquest Summons received - VIP

                      https://www.dropbox.com/s/h8keoeme94...%26%20Anor.pdf

                      Some more encouragement.

                      M1

                      Comment


                      • Re: Capquest Summons received - VIP

                        http://www.bailii.org/ew/cases/EWHC/QB/2014/41.html

                        Do i need to knock up a guide for you ? I'm guessing not but want to be sure.

                        M1

                        Comment


                        • Re: Capquest Summons received - VIP

                          Hi M1

                          Many thanks for keeping your eye on this your very kind.

                          pt2537 has been Lion on this.

                          This has gone way beyond what I could of done on my own and you were very wise to involve pt2537.

                          Wally

                          Comment


                          • Re: Capquest Summons received - VIP

                            Perfecto. I look forward to some good news on Friday

                            M1

                            Comment


                            • Re: Capquest Summons received - VIP

                              Originally posted by Wally View Post
                              Hi M1

                              Many thanks for keeping your eye on this your very kind.

                              pt2537 has been Lion on this.

                              This has gone way beyond what I could of done on my own and you were very wise to involve pt2537.

                              Wally
                              If they survive Friday, id be very very very very very surprised.

                              Youve seen the Defence, the brief and the prep, if they overcome that then they must be best mates with the Judge. Thats all i can say LOL
                              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Pt@roachpittis.co.uk .

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.

                              Comment


                              • Re: Capquest Summons received - VIP

                                Originally posted by pt2537 View Post
                                If they survive Friday, id be very very very very very surprised.

                                Youve seen the Defence, the brief and the prep, if they overcome that then they must be best mates with the Judge. Thats all i can say LOL
                                Even recorder Monty would find it hard to grant relief from sanctions !

                                It wouldn't survive on appeal if the needle is found in the haystack, in my opinion.

                                M1

                                Comment

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