Jump to content


  • Tweets

  • Recommended Topics

  • Posts

    • Hi,   I sent the email to both my local councillor and the leader of my local council yesterday evening. I didn't receive an acknowledgement email. Do you know if I should have, as I know that if you ever email an MP you always receive a acknowledgement email?   Walshy
    • Can I ask how your taking him to court with just his a trade name ?  Yes I notice hes still trading on ebay.   
    • Very good finds indeed which help to undermine their case.. And to strengthen your case take a look  look at a thread by Tom Price also at Southend airport which is several threads below yours and you will see that he won his case on the fact that he was stopped rather than parked. On top of that he had the Airports Act  1986 to quote. The relevant section is no 63 " Byelaws are covered at S.63  (2)Any such byelaws may, in particular, include byelaws— (d)for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;" That confirms that the roads at the airport are either covered by the Road Traffic Act or Byelaws neither of which is relevant land therefore  PoFA cannot apply. And  VCS should be aware of that. Another thing is that when you posted their WS you didn't include their contract which I missed at the time. However Tom Price included it in his. And guess what-the  alleged offence they are pursuing you for, No Stopping, is not included in their contract. If you look at the end of their Service Agreement [aka contract] you will a list of contravention on Scedule 1 [7] (46) PARKING/WAITING ON A ROADWAY WHERE STOPPING IS PROHIBITTED That is the nearest to what you did. But you were not parking nor waiting -you were stopped so there was no reason to issue you with a PCN as you never broke any of their contraventions. Looks like they breached your GDPR and you should include that as it carries a hefty charge £750 is not unheard of.   Have a read of his WS too which may give you further ideas even possibly to rebut some of the points VCS  make.
    • Lawrence Stroll, executive chairman of Aston Martin, told the BBC he wants to build a firm with a "luxury profile". View the full article
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Capquest Stat Demand - Advice Needed!


Please note that this topic has not had any new posts for the last 4641 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have been paying off an old credit card debt (£2650) with the awful Capquest under a payment arrangement agreed with them (quite happy to do so - I owed the money and want to clear the debt, been through the CCA route etc). Unfortunately, I've been ill, ending in a trip to hospital, and missed a payment at the beginning of this month - admin not being top of the priority list! I contacted Capquest and made a payment by debit card when I realised. They then told me that the arrangement was now null and void, and that they had 'writen me a letter' about the matter. The letter, of course, when it arrived was a Stat Demand. They want me to phone thm today to discuss the 'letter'. Now clearly, I am not going to do that as it would acknowledge recepit of the SD. But equally, I want to write to them with an offer for a reduced settlement - which I can just about afford, and I really want this off my back. BUT: I do NOT want in any way to indicate receipt through the post of the SD. Any thoughts please?? Presumably, a straightforward letter of offer would not imply that I had received a SD from them? I'm really stuck with this one. I want to pay the debt, but don't want to get into SD territory, especially as the SD hasn't been correctly served. Help please!!

 

Many thanks,

 

The Norfolkboy

Link to post
Share on other sites

If you want to make them a full and final offer, then send it by recorded delivery, (if they are going to accept then you need everything in writing) what was the result of the CCA request ?, you could also use that as a bargaining chip if they have neither produced it or it is unenforceable. Also were there any excessive charges that have been added to the account ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

42man,

 

Thanks. The result of the CCA letter was a photocopy of my signature on the application form for the credit card, titled 'credit agreement regulated by the consumer credit act 1974', and dated 23 Feb 99. The rest of the document is not there. Capquest also provided statements for the account, which do show some late payment charges (£15 each time) and, of course, interest. Not sure if these count as excessive.

 

I wouldn't, of course, send anything to this lot without it being Recorded Delivery. My worry, as I say, is that I might imply receipt of the SD - and this I am not prepared to do. If Crapquest had the b*lls to do things properly, I might give them more time. But as things are, I just want to get the debt cleared. What I will do at a later date is SAR them, as they wrote to tell me they had carried out investigations into my financial affairs before threatening the SD. I want to know what, if anything, they did. And if they didn't carry out 'investigations', then I shall engage my solicitor!!

Link to post
Share on other sites

Does the stat demand have an official court stamp on it ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

As for the investigations they probably looked at the land registry and saw you woned a property !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites
Does the stat demand have an official court stamp on it ?

 

 

Does an SD need an official court stamp then?

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

Link to post
Share on other sites

Some DCA's will type one up to see how you react.....no stat demand should be ignored, but if in doubt go to the local court and ask them...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites
BUT: I do NOT want in any way to indicate receipt through the post of the SD. I want to pay the debt, but don't want to get into SD territory, especially as the SD hasn't been correctly served. Help please!!

 

Presumably, though, if I go to my local court and set this aside, it indicates acknowledgement?

 

Hi,

 

Do you mind me asking why you don't want to acknowledge receipt of the SD?

 

You say that the SD hasn't been correctly served - is this because it was sent to the wrong address? As long as it was posted to the last known address that they have for you then it has been correctly served.

 

If you don't get the SD set aside they can apply to make you bankrupt. If you see on this thread, Connaught (who are similar to Capquest) are actually saying this to the poster:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/145577-statutory-demand-connaught-collections-2.html#post1566759

 

Going through a bankruptcy petition is arguably a lot tougher than a set aside application.

 

The SD isn't a form issued by the Court so it doesn't need a court stamp. It is a form that needs to be sent to you before they can start court action.

 

I would suggest that, as 42man says, you offer them a full and final settlement.

 

I would also suggest that you do apply to have it set aside. From what you have said, the agreement is unenforceable. Also, I am sure that they will not have assigned the debt correctly so they will not be able to take you to court. But, regardless of this, if you do not have it set aside then they can apply to make you bankrupt

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...