Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default Please help me **WON**

    Hi i'm new to this forum and am just desperate from some help as everywhere i turn i seem to be fobbed off.
    I recently recieved a letter from capquest about an old Halifaxicon debt to totally forgot about. I was taken out in 2000, but have been told that because i have not acknowledge the debt or paid for over years they couldnt take court action.

    I recived and Statutory Demand and paniced! I contact cccs who gave me a number for a Community Legal Advise. The lady over the phone helped me fill out a for to set the demand aside. i filled out the form and took to the court, then the lady at Community Legal Advise said she was unable to help me anymore?????? then i stopped getting responses from her via email.

    Today i got the form back from the court and the hearing date and time has been filled in??...do i have to attend court on that day???


    i dont have the money to pay the debt in full, but is it worth just trying to call capquest and offer installments, as i have no idea what to do in court or what to say and dont want to be made bankrupt that day i go to court if they win!!

    Please can someone help me i/ sick with worry and dont want to be made bankrupt, but dont really know where to turn for help or what to do....please help.....

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  2. #2
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    Default Re: Please help me

    Hello there, welcome to the forums. A few questions if I may....

    1) when did you last make a payment against this debt?
    2) when did you last acknowledge the debt in writing?
    3) are you in mortgaged/rented accomodation?


  3. #3
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    Default Re: Please help me

    Hi and thanks for the warm welcome.

    I'm sure i have not made a payment since 2001/2002, i got a friend to write and asked them to send me details (as i was told if i acknowledge the debt the 6 year period starts again) but they refused to provide details saying it would break data protection, even thou the letter saying that contains all the details anyway, and my friend asked them to send ME details of the money they 'claimed' was owed.

    I have not personally acknowledge the debt in writing or by phone, and i;m in rented accomodation.

    Many Thanks


  4. #4
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    Default Re: Please help me

    i dont have the money to pay the debt in full, but is it worth just trying to call capquest and offer installments
    Definitely NOT,the debt is statute barredicon. Do not call them

    , as i have no idea what to do in court or what to say and dont want to be made bankrupt that day i go to court if they win!!
    1.They will not win
    2. Even if the SD was granted, it would then cost them money to apply to make you bankrupt, which as you have no assets is not going to happen

    On what grounds have you applied to have the SD set-asideicon?


  5. #5
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    Default Re: Please help me

    Hi, i had applied to have it set asideicon due to the fact there was a dispute and the debt is over 6 yearsicon old.
    So do i need to attend court on the date shown on the letter i recieved from the court.

    Thanks for all your help you have been great!


  6. #6
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    Default Re: Please help me

    So do i need to attend court on the date shown on the letter i recieved from the court.
    Yes you should. Capquest may attend and if you don't, coul;d have the Sd granted. Chances are they won't and you can ask for wasted costs.

    Have a read of this thread:
    http://www.consumeractiongroup.co.uk...-credit-5.html


  7. #7
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    Default Re: Please help me

    i just wanted to let you know that this morning i have been to court and the judge was very nice. The SD was set asideicon and the judge did not seem to be impressed with Capquest (thou she didnt say that, it was more head shaking and chin rubbing) she also advised that if capquest write to me again to get someone to write back to them on my behalf.

    Thanks to everyone for all your help.


  8. #8
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    Default Re: Please help me

    well done, did you get costs?

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  9. #9
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    Default Re: Please help me

    Excellent news - another small step for mankind. I think the courts are now aware that these DCAs are trying anything to grasp money from people. Well done.

    BANK CHARGES
    Nat West Bus Acct £1750 reclaim - WON

    LTSB Bus Acct £1650 charges w/o against o/s balance - WON

    Halifax Pers Acct £1650 charges taken from benefits - WON

    LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA

    DCAs

    Lowells/Capital One - no CCA - gone away £1500
    Lowells/MBNA - no CCA - gone away £10K
    Abbey - no CCA - £3.5K
    CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
    Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
    Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
    LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC


    Others

    GE Money sec loan - £1900 in charges - settlement agreed
    GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
    FirstPlus - missold PPI of £20K for friends - WON

  10. #10
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    Default Re: Please help me

    Hi,

    yeah the judge awarded me £210.21 costs too!...

    you guys are superb....keep up the good work..and if i need any advice in the future i know where to come straight away next time!

    Many Thanks again to everyone who gave me advise.


  11. #11
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    Default Re: Please help me

    Suggest you have the thread title changed to 'Help, SD from Capquest - WON' or similar. Just to give a little help to others who might have the same problem.

    BANK CHARGES
    Nat West Bus Acct £1750 reclaim - WON

    LTSB Bus Acct £1650 charges w/o against o/s balance - WON

    Halifax Pers Acct £1650 charges taken from benefits - WON

    LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA

    DCAs

    Lowells/Capital One - no CCA - gone away £1500
    Lowells/MBNA - no CCA - gone away £10K
    Abbey - no CCA - £3.5K
    CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
    Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
    Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
    LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC


    Others

    GE Money sec loan - £1900 in charges - settlement agreed
    GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
    FirstPlus - missold PPI of £20K for friends - WON

  12. #12
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    Default Re: Please help me

    Title changed and moved to success forum.

    Well done.


  13. #13
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    Default Re: Please help me **WON**

    Congratulations!

    Really pleased you got them to pay up, spend it on something good!


  14. #14
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    Default Re: Please help me **WON**

    Remember if they don't pay up you go back to court and ask them to enforce the payment. That means the baillifs will visit them. Boot on other foot time - excellent.



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