CCJ BY capquest and CCA request

[nafiz333]

Re: CCJ BY capquest and CCA request

Hi,

I can't prove or not certain that it relates to MBNA credit card but given amount and since Bank of America bought them, I can only guess !

I think, I had few letters back 2009 and 2010 since stop paying them although that was recived 2nd previous address but not the address they issued CCJ. I didn't had any communication from them on my previous address where CCJ was issued.

shall I ask the claiment solicitor for an update and request to set aside this case. Or shall I apply for a set aside my own right ?

[nafiz333]

Re: CCJ BY capquest and CCA request

Sorry that wasn't me, what you referring to. You better check for the correct poster.

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@Diana M

I'm not entirely convinced that a judgment has been made.
I've seen other threads where the poster has referred to a CCJ when in fact they are meaning that a CC claim has been issued, but it hasn't progressed to a hearing.
Also, while stating that the 'CCJ' was some time in 2015, there is also reference to some kind of communication 2 months ago. ("Its been nearly 2 months......", etc).

c......(onfused, lol!)

Sorry that wasn't me, what you referring to. You better check for the correct poster.

[nafiz333]

Re: CCJ BY capquest and CCA request

Erm, hence why i asked about whether there had been other accounts registered at the new address. Creditors such as the Claimant have access to credit reference agencies and therefore it would be open to ascertaining the correct address for service

See CPR 6.9(3)

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

It is arguable, indeed i have argued this point before many times with success , that it is incumbent on the Claimant, if they dont recieve a reply to their letters, to at least consider and check to ensure the Defendant is still resident at the address before serving proceedings. It takes seconds to check a credit reference at which point it would show the defendant had moved.

And whats more your argument under CPR 13.3 may well be fundamentally sunk by delay, the Court must under 13.3 have regard for any delay, the case of Regency Rolls v Carnell makes it clear that 28 days delay in making an application is altogether too longer delay.

Delay however falls away under CPR 13.2.

Hence why i fall back to the question as to whether the Defendant have other accounts registered at their new address, and in particular whether they had move other accounts from their old address to their new address.

Yes i I did change my address and register to electoral roll within couple of months of moving to the new address.

[nafiz333]

Re: CCJ BY capquest and CCA request

It may be possible to get the CCJ set aside by consent if the Claimant is willing. It should then cost you £100 to file it with the court. Has the Claimant already admitted they made a procedural error?

First of all, why was the claim served on you at your old address? Would/should the Claimant have known your new address?

I'm not sure why Fairfax solicitors advised you to send them a CCA request (at least that's what it looks like from your description) because if the Claimant can't comply with your request then they (Fairfax) are effectively handing you a potential defence against their client on a plate.

Here's a link to a thread on this forum which gives you a step-by-step guide to getting a CCJ set aside > http://legalbeagles.info/forums/show...090#post413090

Di

Hi Diana,

thank you you for advise.

So to conclude, can I use the reference of both 13.2 and 13.3 along with 6.9.

i think my defence would be, not been able to identify this debt, although request for CCA which wasn't supplied within stipulated time. As such, even though the debt exist they would have been "statue bar" by now.

please advise ?

[Diana M]

Re: CCJ BY capquest and CCA request

So to conclude, can I use the reference of both 13.2 and 13.3 along with 6.9.

i think my defence would be, not been able to identify this debt, although request for CCA which wasn't supplied within stipulated time. As such, even though the debt exist they would have been "statue bar" by now.

Have a read of Amethyst's thread in the link I posted to see if that approach suits your set of circumstances now that you've provided us with further information http://legalbeagles.info/forums/show...090#post413090

What reason do you have for believing that your last payment was in 2008?

What is the date of the Default CCJ?

When did you first learn about it?

Am I right in thinking that the history of this CCJ is posted on your other thread on the forum which concluded with your post # 24 that you were sending a N244 to the court to get the set-aside on 4th May?

http://legalbeagles.info/forums/show...021#post646021

Di

[nafiz333]

Re: CCJ BY capquest and CCA request

Have a read of Amethyst's thread in the link I posted to see if that approach suits your set of circumstances now that you've provided us with further information http://legalbeagles.info/forums/show...090#post413090

What reason do you have for believing that your last payment was in 2008?

What is the date of the Default CCJ?

When did you first learn about it?

Am I right in thinking that the history of this CCJ is posted on your other thread here which concluded with your post # 24 that you were sending a N244 to the court to get the set-aside on 4th May?

http://legalbeagles.info/forums/show...021#post646021

Di

Thanks again.

i was checking my old statement other day and I realise last payment was made to that MBNA credit card was May 2008

default date as per cap quest is June 2009 and CCJ was issue on January 2015

ive realised that CCJ in my file on March 2016

[charitynjw]

Re: CCJ BY capquest and CCA request

Sorry that wasn't me, what you referring to. You better check for the correct poster.


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Sorry that wasn't me, what you referring to. You better check for the correct poster.

Hi nafiz333

Re your post #17

I've checked......post #1.......that's you!

[Diana M]

Re: CCJ BY capquest and CCA request

i was checking my old statement other day and I realise last payment was made to that MBNA credit card was May 2008

default date as per cap quest is June 2009 and CCJ was issue on January 2015

Can you think of any reason why MBNA (if they were the original creditor) didn't default you until over a year after your last payment?

Could that May 2008 payment have been a direct debit for the monthly contractual amount but could you have made any ad hoc payments under pressure from a DCA or been in a DMP after that date?

Di

[nafiz333]

Re: CCJ BY capquest and CCA request

Can you think of any reason why MBNA (if they were the original creditor) didn't default you until over a year after your last payment?

Could that May 2008 payment have been a direct debit for the monthly contractual amount but could you have made any ad hoc payments under pressure from a DCA or been in a DMP after that date?

Di

i don't know the reason but I've been told default was issued on June 2009 but ther is no trace of that on my credit file.

im certain that haven't paid anytadhoc payment since the dd was cancelled.

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Hi nafiz333

Re your post #17

I've checked......post #1.......that's you!

Can you send me the link !

As as the only post I did few months back related to this same issue ! But what you saying is a different matter !

[charitynjw]

Re: CCJ BY capquest and CCA request

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Can you send me the link !

As as the only post I did few months back related to this same issue ! But what you saying is a different matter !

Post #1 top of this thread

[Amethyst]

Re: CCJ BY capquest and CCA request

Your first step is to write to Capquest and ask if they will consent to set aside the judgement because;

1) you do not recognise the debt
2) you only found out about it from your credit file in March 2016
3) you have sent a request for information to them but they have not responded
4) there is no reason why they could not have brought the claim at the correct address
5) you believe you have a reasonable prospect of success at defending the claim.
6) And if applicable, that you believe the debt was statute barred before they brought the claim

[nafiz333]

Re: CCJ BY capquest and CCA request

Your first step is to write to Capquest and ask if they will consent to set aside the judgement because;

1) you do not recognise the debt
2) you only found out about it from your credit file in March 2016
3) you have sent a request for information to them but they have not responded
4) there is no reason why they could not have brought the claim at the correct address
5) you believe you have a reasonable prospect of success at defending the claim.
6) And if applicable, that you believe the debt was statute barred before they brought the claim

Hi there,

thank you for your advice, I will do that asap. But what if they disagree to set aside ?

[Diana M]

Re: CCJ BY capquest and CCA request

I will do that asap. But what if they disagree to set aside ?

Cross that bridge when you come to it.

Sending the letter will be the first formal step to demonstrate your intention to have the CCJ set-aside. The quicker you do that the better.

I would resist any further phone calls to them. You need a paper trail.

I would also send the CCA Request even though there is a CCJ in place at the moment. The worst that can do is waste a £1 postal order. I have been given a good reason for making this suggestion

Di

[nafiz333]

Re: CCJ BY capquest and CCA request

Cross that bridge when you come to it.

Sending the letter will be the first formal step to demonstrate your intention to have the CCJ set-aside. The quicker you do that the better.

I would resist any further phone calls to them. You need a paper trail.

I would also send the CCA Request even though there is a CCJ in place at the moment. The worst that can do is waste a £1 postal order. I have been given a good reason for making this suggestion

Di

Hi Diana,

Thank you again for reply.

yes I may send them a letter today, but since I'm dealing with their solicitor fairfax, shall I send them or capquest it self ?

Ive already requested a CCA as mentioned previously, the request was formally send to fairfax solicitors along with £1 statutory payment on 20th May 2016, they send me a letter of acknowledgement on 27th May 2016. And since haven't heard anything !

[nafiz333]

Re: CCJ BY capquest and CCA request

Hi there,

thank you for your advice, I will do that asap. But what if they disagree to set aside ?

do I need to give them any date line or is there any statutory time limit to response that letter I'm sending to them ?