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Capquest and the Walking Possession Agreement


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Hi folks,

 

Busy sorting out a small problem for my cousins friend at the moment.

 

She's had an outstanding Vodafone bill for about £60 passed onto Capquest. She been paying £1 token payments for about 4 months now. All this time they have been calling and writing demanding payment in full. Today she received a letter from Capquest threatening to go for an Order Of The Court and a Walking Possession Order.

 

They go onto explain that the Court would send a Bailiff to her home, take an inventory of goods to the value owed (plus Bailiff fees) These goods now remain in her home, but are now the property of the Bailiff and can be seized at anytime if she fails to keep up payments on the debt.

 

What I'd like to know is an they do this, as she's living with her parents at the present time. What are the legallties of them coming into her parents house to make an inventory?

 

Or is this just more DCA empty threats?

 

Hope someone can answer this, as she's worrying herself sick about it. :mad:

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Bully-boy tactics.

 

If she has been making regular payments (however small) they wouldn't get past first base in court.

 

Tell her not to worry - that's exactly what Capquest is trying to achieve. And you don't want them to win do you?:D

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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These bully boys are notorious liars. They can't do what they're threatening UNLESS they first get a CCJ, and then you default on the CCJ, so they're deliberately trying to mislead you.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Worth sending a copy of the letter and a complaint to the FOS?

 

I'll call her now and put her mind at rest. :D

 

Thanks for your help

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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She's just brought round the letter so I can scan it on here, so we can start poking a few holes in it.

 

Now for the qickest scan and removal of personal details ever done on CAG. :D

 

capquestedited.jpg

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Multiple repetitions of 'may' and 'could' sort of give it away. It's all just threats. As stated above, so long as she keeps up the payments, they know it's not worth court action.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

Do you have an update on this please fuzzybobble?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Last I heard was on Sunday night. They've gone vey quiet since I sorted my cousin out with a letter claiming harassment from Capquest, and thretened to complain to the OFT if they sent another letter demanding payment in full.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Thats good they appear to have backed off. I cant believe they sent that letter, surely you could copy it to Trading Standards. ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It is a very misleading letter.

Just waiting to see if the comply with the "Do not contact me by telephone" letter I also gave my cousin the template for.

 

It always looks better if you can get them slapped for more than one thing. Shows them up for the bunch of muppets they really are.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Share on other sites

I have added your thread to my subs, so will look forward to any updates. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It's for a mobile phone bill. Can't do a CCA request on a phone bill. Plus it's not in dispute. My cousin does owe it, and it's only for £60.

 

The annoying thing is the letter saying she hasn't been paying when she has + the intimidating calls.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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In your post 1 you describe threats of bailiffs and ask can they do this.

No they cannot, not without having already secured a ccj, then you defaulting on it, then them having to apply to the court for an enforcement order.

For £60 ???

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 1 month later...

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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