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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Capquest- Statutory Demand/ Urgent


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these guys certainly seem to be on a mission- This mornings post, letter arrived with a demand ,supposedly from Natwest bank--

the last contact i had with Natwest was approx 2001-prior to moving--

this letters implies some sort of small loan--( didn't have any loans-only a current account!!)

The reference numbers are not familiar at all and they claim the debt was re-assigned to capquest in 2007

With this one i am 100% sure about defending this but will it cost any monies to do so??? it is totally unfair for these compnaies to all of a sudden after 6/7 years of no contact to then issue a Statutory Demand,especially as it may cost me monies to defend their pointless actions-- plesae could someonehelp as i'm again in despair--

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You need to get this set aside and you only have 18 days to do it in. There are threads on this. If they are claiming a loan then you should also do a CCA request. It sounds to me like it's statute barred, but with a stat demand you can't be too careful.

 

Someone with a bit more know how will be along shortly.

 

Newborn

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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many thanks- i hope some other advice will be offered later-

just to add that the address on capquest letters is somewhere in Fleet,Hampshire.

The envelope that all of this came in from Capquest is from'

CDR, PO BOX 2768,BRISTOL,BS4 9DD

 

are they mass mailing unsuspecting people with these demands?? is there anything that anyone cn do to stop companies like this operating?

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hi - can't offer much advice to youbut i had a letter from these horrid people yesterday too. threatoning to serve a bancruptcystat demand on me on the 2nd dec personally. has yours come in the post???? i'm not sure if they are allowed to do this ? i will be following your thread at least i know i am not the only one in this position. good luck

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A great chance for you to get this set aside and claim your costs LTWTL....

 

Please have a good look through here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

And also have a read of this thread as this is VERY similar to your own case...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164580-capquest-sd-please-help.html?highlight=chezza

 

Do have a read through...and if you aren't sure what to do or need more info, please send me a PM, and I will answer on this thread....

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Thanks again 42Man- i'll keep you posted but i now have 3 diift. actions against Capquest- they seem to be a law amongst themselves-

i'll certainly read the posts you have highlighted but i take it that as an initial step i would CCA them??

Also- is there anyone i can now complain to about their actions

Thanks

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Hi losingwilltolive,

 

These "people" really do seem to have it in for you, don't they?

 

Well, this time you may just be able to make them pay you for your trouble.

 

If you can apply to get this set aside, there is every possibility that you will be awarded costs. There is no fee charged to you to apply for the set aside.

 

To apply for a set aside, you need to be able to satisfy certain conditions. From the Insolvency Helpline site -

 

Legal Issues Explained - Statutory Demand

 

Clearly, if an alleged debt is statute barred, then the whole of the amount on the statutory demand is disputed.

 

If there is a contact given on the demand itself, it will be worth trying to contact them. If you do not get put through, then the demand is invalid.

 

If the alleged debt relates to a loan when you only ever had a current account then that will simply bolster your defence. You could also CCA Capquest, so that they are in default of that request as well before the time of any hearing. They cannot produce an agreement on a loan which never existed - not without doing something extremely naughty, anyway.

 

The odds are that Capquest will not even show up. These frivolous statutory demands are issued wholesale because they know many people will just cave in and pay up.

 

In this case, your defence seems as watertight as it is possible to get, so there is no reason not to launch an offensive. If this alleged debt is statute barred, then Capquest are blatantly breaching OFT guidance -

 

2.14 (b) continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

 

A complaint to the OFT is clearly in order.

 

I know you have had problems with these idiots before. I remember you had a CCJ awarded against you when they sent the court papers to the wrong address. Now, they are abusing court process by using the insolvency procedure to harass you for an alleged debt which is not only statute barred, it is almost certainly not even your debt in the first place. You have every reason to initiate a complaint through their internal procedure, and then escalate it to the Financial Ombudsman Service if (should I say when?) they fail to satisfy it.

 

You can also try to bring in Trading Standards through Consumer Direct. You are clearly being victimized by these "people".

 

Make sure you apply to get this set aside. You clearly have a cast iron case here, and every one of these frivolous demands which ends up costing these cretins money just increases the chances of them having to cease this totally unethical "business practice".

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

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LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Hi LWTL,

 

Defending the SD will cost nothing.

 

Don't worry about who to complain to at the mo - get a CCA request off pronto.

 

Another good SD example is here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

 

Make the complaints after you get the SD set aside - these people are abusing the system by using SD's on Statute Barred debts, and they should be held accountable.

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Hi,

tonight i' working on filling out the forms 6.4 & 6.5 to set aside the statutory demand that arrived form capquest by first class post last week- for a debt/reference that i have no idea about..

I have to admit that the forms have confused me and i am not sure how to answer many of the questions:

e.g. on form 6.5 - Q2- is it asking for only 1 of the 8 reasons on form or can i choose a few?

do i also claim any costs on this form?

 

sworn at ??? is this my court?? do i need to make an appointment?

form 6.4 a to e?

sorry to be so thick here but any help is appreciated

thanks

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Hi LWTL,

 

Have you had a read of the examples in the threads that have been linked for you in posts 5, 8 and 11 above.

 

:)

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Basicaly you fill in the set a side form take it to the court.The resceptionist will call a clerk of the court and will either do it at the front desk or a side room (swear an oath that is) with a bible or what every religion you are and read out a small paragraph and thats it tbh.5 minutes and its done.Then wait for a hearing date from the court or give them a few days and give them a ring.

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Hi Losing,

 

I'm not sure abou the Affidavit - ring your court and I'm sure they'll help.

 

Out of interest' which is the similar case you are using as an example. GayH's example which I linked in post #11 above is very eloquent and you don't have to go that far. :)

Edited by slick132
revised re affidavit

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  • 2 years later...

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.c o.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set asidelink3.gif and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collectionlink3.gif tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF00 04F6EA

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