Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Capquest/ Hl sainsbury loan 1999


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5657 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I wonder if any one can advise me - I have recieved a letter at a previous address (from old landlady) from HL legal collection on behalf of capquest. The letter states I owe £4000 and interest is been added , and that I need to call asap to resolve or they will take a claim against me. Now I have paid capquest something a couple of years ago , but to be honest I wouldnt speak to them as they were awful and not helpful. I think the debt relates to 2000/01 as I lost my job then. There is nothing on my credit file for this amount. Any advice please , as I don't want to end up with a ccj or anything.

Thank goodness I found this site!

Link to post
Share on other sites

  • Replies 95
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

HL Legal are simply solicitors for hire and as such to be ignored.

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Thank's - so I send a CCA request off to Capquest and ignore HL solicotors. I've got to say the letter I recieved from HL was very badly written and worded - not worded the way I thought a solicotor would , but having said that the threat if I ignored was quite clear.

Thank goodness I found this site!

Link to post
Share on other sites

  • 5 weeks later...

Would someone mind having a look at my own Capquest Mini Hell ? !!

 

Here is the link: http://www.consumeractiongroup.co.uk/forum/general-debt/125928-capquest-threats-ethics-non.html#post1316443

 

Not sure what specific action I should take next or with whom.

 

All pointers gratefully received...

 

Happy New Year!

 

221b

Link to post
Share on other sites

I sent a special delivery letter to Capquest on December 20th and a copy to HL legal services , I sent a £1 payment and requested a cca. They replied on the 30th saying the account is on hold whilst they collect the information. HL legal have not replied . The letters are showing as delivered on the royal mail website , but strangley they have not cashed the cheque I sent?

What happens now?

Thank goodness I found this site!

Link to post
Share on other sites

What they do with the prescribed fee is their look out.

They have received your request and now MUST comply.

12 WORKING days and it's in default.

12 WORKING days + 1 month and it's a criminal offence.

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Thank's for that info - so they are in default now as its just gone past 12 working days. Sorry to sound thick , but if they come up with the paperwork now where does this leave me?

I appreciate I should now wait for them to contact me , these debts were from 2000/1 and dont appear on my files anywhere , but I think I have paid small amonts over the years.

Also capquest sent me a letter saying that 'we note from our enquires you do not have any means to pay the full amount - so we propose a one of payment discount , either monthly or lump sum'.

Thank goodness I found this site!

Link to post
Share on other sites

Hi again

I still have not heard anything back from capquest , except a letter to say that they are retrieving the information I require. Two letters for two accounts in question.

Today I have recieved a demand from scotcall saying they are going to visit me regarding one of the accounts?

Whats going on , should I ignore .They want me to call , but I know not too.

Thank goodness I found this site!

Link to post
Share on other sites

Ok here goes , this is where I need peoples help - I have recieved a credit agreement from Capquest from a Sainsbury loan from 1999 , couple questions first -

1-I assume I will need to start a new thread for each account and agreement?

2-I will need to send a S.A.R to Capquest asap , because I think they have three old accounts?and to see what I have paid over the years to each , if any.

3-During 2006 , May I recal Capquest got in contact with me , I made a payment of £50 and then set a direct debit up which was paid until October 2006 , when strangely they stopped collecting from . I don't know which account I was paying.

4 - The loan account they are chaseing me for is dated December 1999. Payments would have stopped around June 2000 , as I then lost my job.

5 - Capquest have given me a week to contact them to arrange payment , I have to say I sent off the usual cca request , but no deed of asignment?

6 - The loan agreement looks correct ,all my details , but strangely my signature seems similar but not my usual ?

 

Your help and advice please!

Thank goodness I found this site!

Link to post
Share on other sites

I have just gone back on my bank statements to see if the reference number they were quoteing on this loan account marries up , and they are different numbers so I suspect I have not made any payments on this since I originally had my problems in 2001.

It's quite complicated sorry!

Thank goodness I found this site!

Link to post
Share on other sites

Ok here goes , this is where I need peoples help - I have recieved a credit agreement from Capquest from a Sainsbury loan from 1999 , couple questions first -

1-I assume I will need to start a new thread for each account and agreement?

that does help, yes.

 

2-I will need to send a S.A.R to Capquest asap , because I think they have three old accounts?and to see what I have paid over the years to each , if any.

if you want to, however, you can obtain a statement of account for free, by a request in writing.

 

3-During 2006 , May I recal Capquest got in contact with me , I made a payment of £50 and then set a direct debit up which was paid until October 2006 , when strangely they stopped collecting from . I don't know which account I was paying.

 

Have you S.A.R.'d your bank yet? it's a good start to recover the loan.

 

4 - The loan account they are chaseing me for is dated December 1999. Payments would have stopped around June 2000 , as I then lost my job.

 

if you haven't paid or acknowledged the debt in writing since june 2000 it is statute barred

 

5 - Capquest have given me a week to contact them to arrange payment , I have to say I sent off the usual cca request , but no deed of asignment?

6 - The loan agreement looks correct ,all my details , but strangely my signature seems similar but not my usual ?

 

if it's actually not your signature, you would have to dispute it in court.

 

S.A.R.ing the original creditor would be a good move.

 

Your help and advice please!

 

edit: the agreement itself looks enforceable, HOWEVER, I do find it strange... it looks like it is in a format originally introduced substantially latter than the signature date.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

thanks Tom , so I will ask Capquest for a statement of account and s.a.r sainsburys bank. Whilst this is going on , will the account still be in dispute? As Capquest have said I have a week to resume payments. Also I take it the agreement I scanned up is correct?

Many thanks .

Thank goodness I found this site!

Link to post
Share on other sites

thanks Tom , so I will ask Capquest for a statement of account and s.a.r sainsburys bank. Whilst this is going on , will the account still be in dispute? As Capquest have said I have a week to resume payments. Also I take it the agreement I scanned up is correct?

Many thanks .

 

I wouldn't go so far as to say the agreement you scanned up is correct... I haven't done any of the math etc... however, it looks basically enforceable.

 

They should have sent you copies of the insurance docs & terms and conditions, and the statement of account (if you asked for it).

 

The account is still in dispute, until you have been shown how they calculate the amount due, and I would send a letter asking them to explain that.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

So I will fire off S.A.R's on Monday and get statements of accounts.

With regard to the last edit on your reply to my post - what I found strange was the whole signature box was shaded in with my 'allaged signature and date'.

Looking at my signature , its similar , but not quite right . I know I sound suspicious , but it was the first thing that hit me when I opened the letter.

Thank goodness I found this site!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...