Vicky, please don't panic! Do not agree to anything that this bunch of cretins offers you!! You pay what you can and want to pay... and no more!!! They can't get a charging order against you unless you default on a CCJ..... and as has been said before, in the very unlikely event that this bunch of cretins did get a CCJ, the amount you would pay would be set by the Judge and could be as little as £1 per month!! As has been said, these lowlife b******s will tell no end of bullsh*t to you just to get what they want! I'm sorry but I had to post something in relation to this: I'm in my mid-20's and when I was growing up my parents struggled with Debts and we didn't have much money and we didn't always have the nicest or newest things.... but I can tell you something for nothing; I was far far far happier than many of my school pals, many of which were bought anything they wanted... but the one thing they were not given was the love and attention of their parents; something that I had in abundance!! Now I'm in my mid-20's and, I like to think, I have turned out just fine! I am going away to university to hopefully get a good job and ensure that some day I can repay my parents for what they have always done for me. It is not about how much is spent; it's about the thought and love behind it that is important! Money does not make a good family or a good parent, love and compassion and attention do!! I'm certain that you are a fantastic mother and that you love your children with every single bit of your soul; this is why when your kids grow up they will look back with fond memories, just as I do with my childhood, and will be thankful for what you did give them; because that's what is the most important thing!! ^^ I'm sorry for the long post, but your post and this thread have touched a nerve and a heartstring and I really think it is important that you take control back from these horrible people and assert your authority... you are in charge of this situation NOT THEM!!

Mr Ton if they have a walking posession then they can and will take entry I think we really need to address this for the OP to try and prevent this from happening. Cheers UF

Mr Ton, please correct me if I am wrong but my understanding is that if a person removes or hides any item listed by a Bailiff on a walking posession document then that person will be committing a criminal offence. To the OP, I have checked and as far as I can see, if I understand your situation correctly (that they have sent a van twice and charged you twice but have never acctually removed goods??) then they are not entitled to charge you the second fee... so you can certainly complain about that!! As far as I can see they are entitled to charge "reasonable costs" to send a van "with a view to removing goods"..... however this can only be charged once! In order to charge a second fee under this bracket, it appears that they must actually remove goods!! I am, however, not particularly versed on the process of complaining and/or claiming back these fee's etc...... so hopefully someone else will come along... I appreciat that you are on a tight deadline so I really hope someone can help you now!! What sort of / how many goods are listed on the walking posession? Cheers UF

I'm just trying to do a bit of a search for you, but I think I read somewhere that these Baillifs can only apply a van charge once where goods are not seized........ but I may well be wrong, so please don't take this as gospel. I will see if I can find where I read this, in the mean time someone else may well be along that knows for sure. Whilst waiting for someone more knowledgable, this will at least act as a bump Cheers UF

Am I being quite stupid or have I missed something?? Did you send this bunch of half-heads a Subject Access Request or a CPR request? Because this Sue Halfwit only refers to the Data Protection Act and the time limits given for issuing information under a Subject Access Request...... but if you made a CPR request then these will be different?? Just wondering? Cheers UF

Hi, Cabot Financial are another Debt Collection Agency so they will have bought a debt from the OC or even another DCA and then passed it on to this Clarity bunch. It's probably worth while starting your own thread and keeping it updated, that way you can get the advice needed as your case progresses The Prove it letter is: Hope this helps. Cheers UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

I've not idea lol........ I don't even know what the alleged debt is for!! I might owe it, but then again I might not......... only one way to find out........ they will just have to prove it

Yeah I've created a lovely little prove it letter for them which I will send off on Monday if I get time/have the inclination. I'm not particularly worried about this bunch of muppets I'll keep you all posted on any developments though

Right then guys, normally I'm dealing with these things for various family members, but this one is actualy mine: I've had dealings with most DCA's over the years, but never with this bunch! Has anyone had and dealings with them? Are they the usual pond life/ shower of S**t? What are their tactics..... same as normal?? I see that CrapPot are listed as having "instructed" this bunch of muppets....... do I take it that Clarity are just yet another desk in the CrapPot office?? Now I haven't had any debt letters for myself for at least the last 3 years but these people say I owe them money. As you can see it doesn't give any details of where it originated etc and so I can't say whether I owe the money or not lol. For that reason I've got a strongly worded prove it letter all ready and waiting to be sent to them, but I just thought I would pop up on here and see if I can feel them out a bit first, so I'm going in fully loaded and ready for battle The letter I've received is as follows:

Hi guys, this is something I have been wondering about for a while, and I have seen a few people in other posts having the same kind of issues. But where does the law stand on the issue of DCAs adding a charge for you making a paymen? For example, I recently had dealings with a DCA that charged 50p to pay by Postal Order, 50p to pay by Credit or Debit Card, 50p to pay in the Post Office, 50p to pay by Cheque, 50p to pay by Direct Debit and 50p to pay by Standing Order...... so in other words whatever way you pay them they charge you 50p for the privilege!!! Can this be legal? I know for damn sure it's not moral, but I am unsure of where these leeches stand in the eyes of the law?? I dont have to deal with the above company any more but I just thought that this could be quite an interesting and helpful thread for the people of the forum Cheers UF

Hi, firstly I would NOT advise that you ignore any SD that you receive!! If I were in your position, I would almost certainly be ignoring the letter that you currently have.... but if I received a Stat Demand then I would immediately begin the process of having it Set Aside! As slim as the risk of capquest actually taking you to bankruptcy is, I personally would not think it is a risk worth taking and I think that anyone would be incredibly irresponsible to advise you to ignore a Statutory Demand....... unless you are in a position where you would actually rather be made Bankrupt, in which case sit and hope Are CrapQuest likely to take it to Bankruptcy? Probably not! Is this a risk worth taking? Well that's a personal decision..... I persoanlly don't think so. Cheers UF

If I were you I would PM PT on this one as he seems to be the man with the legal knowledge in the forum.......... his input could be invaluable!!

Firstly, welcome to the Forum!! You are in the right place for help It sounds to me that your partner is in the exact place that the vast majority of us here on this forum have been in at some point (often for years!!) - the process of the ostrich.......... head in sand and hope it goes away!! I have been there and I know that absolutely loads of the posters on this forum have been there too!! So you and your partner are not alone in this!! I think for me and my family, the biggest turning point is when we realised that there was hope and there was ways of dealing with these problems...... at this point it becomes far less scary to take the first step and start reading into the situation. Secondly for us was the stage of learning.... the more I learned about the law regarding debts and debt collection, the more empowered my family and I felt.... and the less scary it was to tackle the problems!! Perhaps you could gently direct your partner towards some of the success stories on this site?? Just a thought, but perhaps if he was given some strength in hope and knowledge, he may feel better to open up and deal with the situation. Lastly, my understanding is that yes..... performing a credit search can and probably will unleash a number of demons!! Now I have to say that nobody on this forum condones debt evasion, however I personally take the view along with my family that we deal with any issues as and when they arise.... but I personally would not go out of our way to advertise myself to anyone.... Obviously the above is all just my opinion and what you do and the views and actions you take are your own and your partner, these are very personal opinions and choices and must be taken as such. Cheers UF

lol No, sorry..... I mean at least 10 years since she took it out (if it's hers).... probably only 4 years since she made a payment or something like that. So I've CCA'd them and await their reply..........

Hi guys, I don't really need any advice at the moment but I thought I would create a thread and keep it updated to track this problem and, if needed, get some advice in the future. Again, I am dealing with this for my mother who received the following letter recently. I have already sent off a CCA request by recorded delivery and will see what, if anything, comes back. If this is my mothers account then it is at least 10 years old, if not more!! This is what we've received:

Hi, I wish I'd seen your post sooner as, low and behold, payments have stopped!! Even though the muppet on the phone when the rang to inform us that payments would continue pending appeal quite clearly toldus that med certificates would not be needed!! God I get so angry with the idiots they employ to work for the Government agencies!!!! grrrrrr Sorry... rant over now UF

Hi antone, thanks for the reply. Yeah I know that there are some helpful and knowledgable people, like yourself, who work for the DWP. Unfortunately evertime I phone up, I always seem to get the person who is still learning to speak!! lol Thanks for your help though, it is surely very much appreciated Cheers UF

Hi highandwild, yep the DWP only reinstated my fathers ESA after they received the appeal paperwork - and even then they only reinstated it when I very forcefully informed them that they HAD to!!!!! Over the time we have been dealing with this I have had one person at the DWP tell us basically there was no appeals process (utter rubbish) and another try and tell us that they did not have to give us the reasons for the decision (also utter rubbish!!). The link you PM'd me earlier on was really helpful and contains all of the information you could need regarding the rules that they have to abide by - and also stated the rules regarding payments whislt awaiting appeal!!! It takes a while to read through all 61-odd pages, but it is worth it!!! Cheers UF

Hey everyone, thanks for the posts. A quick update: We have put in an appeal and are awaiting a tribunal date. In the meantime we have finally got this bunch of half-heads at the DWP to admit that they HAVE to keep paying the benefit pending the outcome of the appeal!! Thanks for the links highandwild, they will no doubt come in handy!! Cheers. UF

GOOD FOR YOU!! I'm so glad you are feeling newly refreshed and ready forbattle!!!!

You're quite welcome. I'm glad I can be of some help. Cabot are truly a horrible bunch of people (in my humble opinion) and they don't care ab out the rules. Stick it to em with something sharp and pointy UF

Hi, if it was me I would send something along the lines of the following, but this is obviously just my opinion having had many dealings with Crap Pot. Other people may not agree with me however. Cheers. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

I personally wouldn't even bother going into as much detail as you have done, if I'm honest. The idiots at CrapBot are exactly that...... idiots. I would keep any letter short and simple, explain to them your final position and tell them to go whistle. Cheers. UF

subbed

If you look in my thread that I linked to in my last post, 42man gave me a very good paragraph to add in to the affidavit, I think. Remember too that once the court have given you a date for a set aside hearing, you need to send a claim for costs to boh the court AND capquest at least 24 hours before the hearing. Also, I personally did not send anything to the opposition. The court informed them that I had applied for a set aside. Cheers. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.