Name Address etc Dear Miss ********* Firstly may reiterate that i do not recognise any debt to you or any company you claim to represent , secondly i would like to congratulate your company on its vision and the go get them attitude that it has adopted in issuing litigation against people in advance of them actually taking out an alledged credit agreement . In your letter you state that the alledged debt is for a credit card and that the account was opened on Dec 19th 2008 thats a full two months after the shambolic issue of a CCJ in a court that has no juristiction in Northern Ireland . Now im sure that you being a legal associate were quite aware that a CJJ issued in Northhampton against a person who lived Northern Ireland was against the regulations set down governing CCJS issued in the NCC, in respect of the fact that the address supplied to the court was outside England and Wales. Given the size of your company and the might of HL legal im sure that this fact is common knowledge within your system , but not withstanding this your company decides to push the litigation through in order to try and use it as scare tactic in pursuit of alledged debts in Northern Ireland. In your previous letter dated 16th June 2009 your company also issued threats of Court Bailifs visiting my home , again with the size of your company and the might of HL Legal im sure that you are well aware that there are no Bailifs in Northern Ireland and you are using that fact as a secondry scare tactic . Given that the CJJ against me was issued illegally i respectfully ask that HL legal go back to Northampton and have it removed from my credit file . Meanwhile i will be passing on a copy of your letters to the OFT with regards to your threats on the back of a wrongly issued CCJ . Not the finished article as yet but was thinking along those lines , however as usual i appreciate any advice and constructive critisisim

oops

Right folks i recieved this from Capquest this morning , Note the dates that they have provided as they might be a source of amusement. Dear Sir With reference to your letter dated 23 june 09 , i can confirm that the balance relates to a credit card . This account was opened on 19 th Dec 2008 . Please note that legal action was issued on a balance of £299.99 , in the Northhampton County Court under claim number ************ on 1st Oct 2008 and judgement was entered on 22nd June 2008 . ( yip they are a wily lot these capquest people, they took me to court before i opened the alledged account ! crystal balls perhaps ). To minimise costs the remaining balance was not litigated on but remains due and payable. Any further information or assistance call us on ************* Yours sincerely *************** legal support associate My thoughts are 1 To point out the discrepancy in the dates of the alledged debt and see what they come up with or 2 Point out the fact that N.C.C have no juristiction in Northern Ireland . I have never had an address in England so they cant get me on that one. I still havent requested proof of any debt as yet i thought i would keep that untill they started to loose the rag a bit .

oops

Right folks still no word from Capquest regarding proof of the CJJ , however while doing a bit of a tidy up i came across the papers the sent regarding beginning court proceedings , and guess where the case was,? yeah you got it Northampton . My initial thoughts are to see if Capquest can deliver proof of the CJJ before i do anything else , any advice on the next step?

Cheers all.. Its in the post, im sure we can rely on CapQuest for some entertainment over the summer, will post their reply

After some consideration and rather than send away to the courts to see if there was a CCJ issued against me , i think i will ask Capquest to prove that they have one , if they can send one and it was issued outside of Northern Ireland im sure we can find a nice polite way to tell them where they can stick it. However if they do have one and it is issued from here i imagine i can have it struck off on the grounds that they havent tried for the full amount or just asking them to prove the debt, surely no proof no CCJ ? My hunch is Capquest will quietly slip into the background under the veil of an admin error . The advice on here is invaluable as always and my deepest thanks to all who have contributed so far , any views on whether this is the right way to go or do i sit back and watch Capquest commit Hari Kari ? If what i have suggested is the way to go can anyone help with the drafting of a letter requesting the CCJ ? Is there a timescale for them to reply to me? Again many thanks folks for your time and consideration.

Thanks folks as usual everyone is on the ball with advice , in all honesty im unsure wether or not there was a county court judgment made , i was in business and it went belly up so i got a lot of letters as you would expect from the various leeches who think that they should become rich on the back of other peoples misery. I will read and reread the information provided and decide on a course of action . I have not yet sent away for proof of the debt , maybe by doing that, and they dont come up with the proof then i can have the alledged county court judgement lifted ? Surely if they cant prove a debt then they had no right to bring me to court? Is what they are stating about the statute barring correct? Also noticed on the bottom of the letter the following. Please note that should legal action be instigated against you and you are not a resident in England then you will be subject to the due litigation process applicable under the jurisdiction of your residenceand this matter will be reffered to our Scottish/ Irish lawers for action.

Hi Folks i hope im posting in the right place here, I live in Northern Ireland though that shouldnt make any difference to the laws of the land , i recieved the following letter from capquest this morning and i know there a lot of holes in what they are saying but i would appreciate some advice . The debt refers to capital one. On 22nd oct 08 a judgement was made against you which represented only a part of the balance due as we endeavored to keep legal costs to a minimum so that we did not place any further financial burden on you . ( yeah yeah ) Balance due £ 771 Judgement sum £386 The current judgement order may now be passed back to our solicitors HL legal department to start enforcement proceedings . If this is neccessary we will seek to enforce such an order with a warrant of excecution. In the event that we do obtain a Warrant of execution a court enforcement officer ( Bailiff) will be assigned to attend your address and carry out the Warrant . The bailiff will take an inventroy and levy your goods. You will be informed that the bailiff has impounded the goods and you will be asked to sign a walking possession agreement, acknowledging the goods are in the possession of the bailiff. If full payment or a satisfactory payment plan is not made the bailiff is authorised to remove the goods for sale to pay the debt and costs. As you will appreciate we have already commited to use the court process and this will continue. By obtaining the judgement it has prevented the judgement amount to become statute barred for a futher 6 years, meaning we can still enforce the judgement for that tie or longer with the courts permission. We have endeavoured to be fair and reasonable blah blah blah , the situation will not go away blah blah blah contact us before 29 sep 09 to stop further action and save you more expense and a possible visit from the court bailiffs.

My mate says he has only ever signed his initial contract 15 years ago . Is a verbal agreement legal , if he has made one? Surely 50 notes is a lot of money to hit disconnect on a computer.

Quickly back to the VM bill charge , i recieved an email from them today saying that it cost money to produce bills hence the charge , this is a far cry from encouraging us to be green by charging a fee , and the absolute cracker that ofcom had made it a legal requirement . I have remailed them again asking which answer i should take or maybe they have another 1 or 2 little gems up their sleeves , I wish i had of recorded that call , but wonder if its worth someone else ringing to see if they get the same response i got , now that would go down a treat.

Would they have actually had to sign something ?, he says he hasnt signed a thing since his original connection 15 years ago , he only ever had telephone nothing else.

My friend and his wife both in their 60s have recently left BT after deciding to switch to Virgin , they had paid their bills at BT religiously for 15 years They gave BT notice prior to Virgin installing their line but now BT have just sent them a bill for £50.00 for a disconnection fee ! is this legal ? Any advice on what grounds they could fight this charge? Surely there is no justification for a charge of this magnitude.

No i didnt record the call however i fired of an email to their billing dept and the general enquiries office hopefully they will email with the same response i was given on the phone.That was VMs stance that it was now a legal requirement on them to charge the £1.25 fee . I dont believe it myself , but i cant argue with them at the minute without ammunition . Strange though that VM was giving a 50p credit to customers that recieved ebills whilst Bt gave 1.25 back in 2008 , seems now that VM like BTs price for a paper bill.

Just spoke to one of the customer service staff , told them i wanted to cancel my services and was giving them 29 days notice, and not their required 30 days on the grounds that they had changed my contract . Apparently whether true or not the paper bill charge has been levied by offcom and it is now a legal requirement . . I quizzed him about the wording of the email and how badly it reflected on VM because it looked to all intents and purposes it was them who levied the charge and not offcom . He told me that it was worded like that for damage limitation purposes lol. Too late mate damage done. Why would a big company want to take the flak for another organisation ? Its beyond me im afraid , a bit of digging around might reveal something. If anyone knows anything please post.

Well my expected fobbing off email hasnt arrived as yet , such a disapointment , i was feeling a bit down today , could of done with a laugh.

Hi all i have just recieved an email from Virgin Media advising me of a new charge , now this is a small charge 1.25 a month for recieving a paper bill. The wording below has been cut fro their email , i believe it to state blatantly that this charge is a penalty for not helping them save the planet . This might seem petty to some , but i see it as another penalty charge regardless of the cost . Let me know what you guys think. Get paperless bills and save £1.25 per month ( slightly misleading statement , as you are not saving they just arent increasing your bill by £1.25 a month ) To encourage even more people to choose ebills and reduce our impact on the enviroment, we are introducing a £1.25 charge for paper bills . Now isnt that nice of them to encourage you by charging a fee ? I have emailed them and told them not to worry about me because i recycle my bill anyway , so i already help and would it be possible for them to encourage me a bit less by reducing the fee . I also told them i would he;p more by requesting that they stop sending me advertisements and reminders about my bill . Im sure i will get the usual brush off , but folks i would like to encourage you to email them , by introducing a charge of £1.25 if you dont lol. I will post their reply

Thanx can i add interest charges @ 8% as in bank reclaimations?

Hi fols im getting lost between threads on here , i have sent off to vm for my statements of charges etc , i expect them in a week or two , when i do get them whats my next step ? I phoned vm last week to complain about another late payment charge , got the usual guff , its quite legal , its in our terms and conditions, other companires do the same , even i have to pay them, oh i dont think you have a chance of reclaiming them . thanks for calling vm . My god they make me so angry.

I have just spoken to Virgin Media regarding these charges , According to their drone they are quite legal and even she has to pay them , i aked for all my statements going back the last 6 years , knowing quite well what the response was going to be , the cost ! £2 per statement . I pointed out to her that the law states that the maximum charge is £10.00 , oh i am sorry was the drones reply each time i print a page it will add a charge to your account . Im wondering is it worth just annoying them and have them print all the statements out and post them to me then reclaiming the costs in the same way i would reclaim the £10.00 charge ?

Leter in the post , will update later cheerz

Many thanks , Although my belief is that the debt was cleared i have to find out when they say the last payment was made , hopefully another goverment mix up , but suspicious that someone maybe noticed that the 6 years was coming to an end and have made a last grasp attempt , seeing as this is the first time they have made any contact on the matter.

Hi everyone , we have just arrived home from work to find a letter from the DSS regarding an unpaid budgeting loan , the sum is £369.00 we struggled to remember taking the loan as we have both been in full time employment for 5 years , on contacting the office we were told the matter related to feb 2003 . We believe that the deductions were made for this loan from our newly awarded family credit around that time , 6 years ago seems an unusually long time for the DSS to contact us , does the 6 year law still apply even to budgeting loans? Any advice would be appreciated' Gerry