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    • So they have not actually issued a Court claim yet ? If they did that, then it would enable you time to seek advice, defend, go through mediation and then come to an affordable repayment arrangement. They are just trying to frighten you into finding ways to come up with money to pay them.   In regard to Solicitors/legal fees, you would need to check the leasehold agreement, which should include details of the ground rent/maintenance arrangement with a management company. The leasehold agreement you sign may make you liable for reasonable legal fees incurred by the management company.    If you can afford to pay the ground rent element, then that might be a sensible thing to do and pay this to the management company directly.   Do you have financial breakdown information showing how much is ground rent, what the maintenance fees cover, how much is management companies fees etc? You are entitled to this information, so should ask the management company for it.   Have you contacted your local Council Authority about help available ? Depending on your financial situation, there may be help available.  Government  have provided Councils with extra money to help those who have suffered financially because of Covid. There are discretionary Housing funds that you can apply for.          
    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
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Cap quest Forcing bankrupcy !? can i stop it? - Set Aside


loudebt
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Hi i really hope someone can help me,

 

Cap quest have send me a letter and form stating they are forcing bankrupcy for (4 figure sum) quid. I have read through lots of posts and an a little confused, I'll explian

 

I understand i need to request a CCA and a postal order of £1.00 then contact the court and ask then to set this aside. But this debt was originally from a fire place 0% finance for £400 about 8 years ago so yes i am disputing the charges etc, but I thought that debts over 6 years where dealt with differently?

 

I do owe the money but capquest demanded hundreds off me each time and refused a smaller payment..

 

They also know i am a homeowner !! could i Loose my house?

 

any advise would be welcome

 

thanks

 

Lou

Edited by 42man
Amount removed as it could identify the cagger...
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Hi loudebt, firstly, you need to apply to set the SD aside within 18 days of it coming into your hands. the appropriate forms to set aside are forms 6.4 and 6.5. I or someone will point you in the right direction for the forms shortly.

 

secondly, you need to start thinking about grounds you wish to use to set aside e.g. you dispute the balance because of unlawful charges applied to the account, if you haven't paid or acknowledged the debt in the last 6 years then it could be statute barred (although you mention that you'd offered lower payments to capquest, this could be deemed as acknowledging the debt).

 

there are several other grounds you can use to set aside... you may have to peruse the site a bit more to get more info. goodluck

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it is a statutory demand , form 6.1says i have 18 days to set aside or 21 days to pay in full...

 

also i have made payments in the past...

 

also what really confuses me is that is says from clysdale/ Barkleys originally but this was a finance agreement made with Northen electrics for a silly fireplace for buy now pay next year in 2002 the fireplace only cost £400 quid... I'm not sure why barkleys are mentioned??

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thanks for this, well this is very good information but slightly worried as it was just posted to me normal post i didn't have to sign for it or anything, but if i ignore this (if i am write in what i have read) then can nothing happen? and they will just try and settle the amount anyway?

 

as you can tell i have no idea on legalities but thankyou very much for your replies..

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also

 

I am just reading through the letter and it says that if i dispute this demand in whole or part i should firstly contact capquest?? if i then dont get a response i should apply to have it set aside to the court ( but there are no details of what court to apply to?? ) is this the CCA form i am requesting?

 

do i just go to my local court and fill out the forms on the grounds the amount is in dispute??

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Lou....have a read here - (and at the links in here) http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186154-capquest-sd.html

 

I have to ask is there a gap anywhere in the life of the debt where you have not paid anything for at least 6 years ?

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

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And have a read here too - DCA Legal Successes - The Consumer Forums

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

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I would URGE you srongly to report this to the Office Of Fair Trading.

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

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i will report this, as i can't believe they are doing this, the last conversation i had with them ended in them demanding 200 at least from me i was on maternity leave at the time and couldn't afford, next i hear from them is this letter..

 

i have my CCA letter ready and my postal order and will send it to them, as soon as i have done this i will do the set aside form, but do i just take to my local court? god this is scarey will i have to go to court??

 

i will also use the post from you with reasons as to why this should be set aside..

 

and i dont think there has been a specific period of 6 years without payments, I have asked on numerous occasions for a statment to be sent which shows the payments i have made etc which i have never had..

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OK Lou...please do try and relax....

 

You need to submit the set aside forms within 18 days of you receiving the demand....

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

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And yes fill out the forms, take them to your local court (but call them first to check they do handle bankruptcies) get the court staff to swear in your documents (including a copy of your CCA request and rec delivery slip) and hand them over to the court staff.....if you're not sure of anything please do shout...

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

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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

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i have just sent of my request for the CCA and will sort the set aside out tomorrow as i need to word it right etc, and i can't put they haven't sent me know as i have only just requested it...

 

thanks v much for your help on this 42 man, it seems CQ are issuing these to alot of people and if they actually just accepted payments which people can afford then this would probably have been settled a while back, i also can't see how it is justified to an amount of over 1500 when the fire only cos less than 500.. 7 years ago !

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  • 1 month later...

hi all update

 

I went to the courts who were very very helpful and i requested for the sd to be set aside, i got my date back but then i also got a letter from capquest saying they had wrote to the courts and me saying they wouldn't take the sd any further and they would just issue a CCJ as they still felt the charges should stay they still have not sent me my CCA, should i not attend court and just take the ccj, or attend court for the ccj and fight for this too...??

 

ps. your help was very helpful thanks xxx

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hi all update

 

and they would just issue a CCJ as they still felt the charges should stay they still have not sent me my CCA, should i not attend court and just take the ccj, or attend court for the ccj and fight for this too...??

 

Hi Lou,

 

They cannot just "issue" you a ccj. What they mean is that they will make a claim in the court that you pay this money. You then have a chance to defend yourself (and given what this shower are like that won't be too difficult!). This is an entirely seperate process to the statutory demand and they have to issue a claim in the court - they haven't done this yet.

 

If they do issue a claim, the court will write to you and ask if you admit it or wish to defend it. If you defend it will then go to court in front of a judge. If you win the case (and you probably will) then the judge will tell them to get lost, if they win the case (only likely if you don't defend it) then you will get a CCJ. As i said, they can't just "issue" a CCJ (they wish though)

 

But don't worry, that's a long way down the line at the moment.

 

If you have had a letter from them saying that they withdraw the Statutory Demand then keep that letter safe.

 

Others may have a different view on this but I would write to the court and send a copy of Capquest's letter and tell the court that the creditor has withdrawn it's statutory demand so there is no longer any need to request that it be set aside.

 

By the way, if they do issue a claim against you then come back and ask for help. It's always nice to help people against the likes of Capquest

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thanks for this, as the court lady was so nice i didn't want to just leave it and then be seen as just not attending so i will contact them and see what they say, I will then wait for the CCJ thing to arrive and i will go to court, i've still not seen any statement of account ot CCA i have asked for so i will defo be going to court if they do as it's ridiculous the amount of charges they have added..

 

thanks again for your help not sure what i would have done without this site.. and i'll come back once i get the request for CCJ..

 

thanks again

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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/consumer_leaflets/credit/OFT664Rev.pdf

 

[/url]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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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