Jump to content


  • Tweets

  • Posts

    • I was getting Ccjs and bailiffs at my door with young children I didn't know where else to turn - my son is unwell and in hospital alot and to me this is all extra stress as I try and focus on spending time with him.    Yes I've made many mistakes but I only got to understand afyer I made them so it's been quite a nightmare.  But I feel I'm close to the end now and really shocked at how this new iva company is very nasty.    I cant quit my IVA but if they demand more money I may have to quit it.  Tbh because of i keep paying for another 2 years the nightmare is all over. 
    • Thank you. So still possible that they would fail to pay the fee and the case is thrown out? I filed my defence on 8th. Britannia is private I assume, so it’d be a no to mediation. I am keen not to have to physically go to court, albeit mainly due to the inconvenience.
    • Hi guys. Still needing some help please. The email NatWest sent saying they could not help was from the retail disputes team and turned out to be a no reply email address. Have tried calling them to get an email address i can reply to, but spent half the day getting bounced around their automated system.  Does anyone have any email addresses for NatWest in relation to a section 75 claim or any contact details that may be useful please?
    • no fee to pay till allocation at your local stated court... https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148 3 copies yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket) 1 wit you Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') the rest is obv 1 to the court 1 to their sols (omit phone/sig/email) if no sols send to claimant 1 for your file   dx
    • i find it worrying that you've been here with several debt issues since 2009 in staggered threads till 2021 but you blindly entered into an IVA without researching here...which if you had ..you'd see we always advise against doing so because it turns simple unsecured consumer credit debts into a secured arrangement. 90% of what you pay goes into their pocket one way or another and never off your debts. another alternative is to simply stop paying the IVA and let  it fail. then we'll help you deal with the debts yourself.  bet you never bothered to CCA request anyone you are blindly paying thru the IVA either...how do you know they were all even legally enforceable....    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Capquest sd received today. What now?


sparky001
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5572 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can anyone help please?

I have just received a statutory demand from capquest for a debt with littlewoods that is dated (edited) for the sum of £1xxxxx

I have been reading loads of posts on hear but this seems a nightmare, can anyone help please?

I think i need to get this set aside but am unsure of the correct procedure and i dont want to mess up at the beginning.

 

Am i right thinking i have to issue template letter N, a cca request? but then what? i think this debt is statutes barred, its 11 years old. How long do i have it says 18 days but letter date is XXXX.

 

the particulars of debt are as follows

 

The debt relates to the unpaid balance of sums due under Credit Agreement dated 22 oct 1998 made between Mr ****** and littlewoods finance company in respect of a littlewoons mail order finance no D*******. The agreement terminated upon the failure of MR ******* to comply with the terms of the agreement and/or a statutorynotice of default served by littlewoods.

 

The rights and duties of littlewoods finance co passed to the Creditor pursuant to an assingnment dated 26 sep 06.

 

The total amount due as at the date of this demand is £1XXXXX which includes interset of £0.00 which has accrued since the assingnment of the debt.

Link to post
Share on other sites

Can anyone help please?

I have just received a statutory demand from capquest for a debt with littlewoods that is dated 29 oct 1998 for the sum of £1221.57

I have been reading loads of posts on hear but this seems a nightmare, can anyone help please?

I think i need to get this set aside but am unsure of the correct procedure and i dont want to mess up at the beginning.

 

Am i right thinking i have to issue template letter N, a cca request? but then what? i think this debt is statutes barred, its 11 years old. How long do i have it says 18 days but letter date is 9 jan 2009.

 

the particulars of debt are as follows

 

The debt relates to the unpaid balance of sums due under Credit Agreement dated 22 oct 1998 made between Mr ****** and littlewoods finance company in respect of a littlewoons mail order finance no D*******. The agreement terminated upon the failure of MR ******* to comply with the terms of the agreement and/or a statutorynotice of default served by littlewoods.

 

The rights and duties of littlewoods finance co passed to the Creditor pursuant to an assingnment dated 26 sep 06.

 

The total amount due as at the date of this demand is £1221.57 which includes interset of £0.00 which has accrued since the assingnment of the debt.

 

Can anyone help?

Link to post
Share on other sites

Not too sure on statutary demands...but the debt is statute barred if you havent paid anything or acknowledged the debt in 6 years

 

someone will be along very shortly I'm sure

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

You need to get this set aside. You have 18 days from the receipt of the demand to do this....once again I URGE you to report them to the OFT also...

 

Please have a read here - you can find the forms to use in this thread -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

And DO read here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

If you need some help please SHOUT....

Link to post
Share on other sites

Thanks guys, i have sent letters m and n today by recorded delivery.

Do i have to wait for a reply before i proceed to getting it set aside by court?

I havent had any contact over this debt for at least 9 years so it is definately statutes barred.

Link to post
Share on other sites

HI

 

I think this site is truly amazing with so many helpful and knowledgeable people helping others who have fallen on difficult times.

 

I too have received a Capquest sd today. Relating to Halifax cc debt.

 

 

It was originally sent out on 09/01/09 to my previous address.

They still have me at that address after 2 1/2 years.

 

In the particulars of debt They quote "debt relates to the unpaid balance of sums due under credit agreement dated " no date inserted.

 

Should i take this seriously and set aside.

 

I have been working on my debt situation since registering and was planning to send them cca letters. but this has taken me slightly unawares.

 

Would appreciate any help at all now in state of panic.

Thanks

Link to post
Share on other sites

Hi, welcome to CAG.

Someone more experienced will be along to explain the set aside procedure but in the meanwhile do send them a CCA request,letter 'N',you'll find a letter in the templates thread:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send a postal order for £1.00,recorded delivery and do not sign the request.

Keep the receipt and when they reply if you could scan what they send and someone will take a look and advise you of your next step.

 

Most important,don't panic - read a few of the threads on here about Capquest and you will realise just how few powers they have.

 

It would be best if you started a new thread so that you don't get lost in this one.

Link to post
Share on other sites

hi guys

I have just received a letter from Capquest this morning, it says:

 

We thank you for your correspondence.

Please find attached your £1 fee for a copy of yous agreement.

We would advise you that Littlewoods Finance have been unable to provide us with a copy of the agreement and we are in the process of referring this account back to our client.

from Martin Best

 

Does this mean it is all over or do i expect more correspondence?

Link to post
Share on other sites

If you go to court with a letter that says they have been unable to provide an agreement, the judge will not be happy with them, it shows there is a MAJOR dispute, and judges in general do NOT like the Insolvency service used as a tool for collecting disputed debts....and there is every chance you would get your costs back. If it then gets sold to another DCA who try and take it to court, you will have a judgment that this 'debt' was set aside.....I urge you to get your papers in to set aside....once you do get this set aside, complain to the FOS and the OFT, and your local MP....this is an unlawful action on their part !!!

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...