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    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
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    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
    • I think they're inventing stuff now. They seem to know they won't be around to implement any of it.
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SD Capquest -WON - Now received letter from HL Legal Solic re Capquest AGAIN


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Hi Guys

 

please can someone advise on how to handle this? On 11 Jan Capquest issued me with a Sat Demand for a debt they had purchased from Egg.

 

I went to court and for a variety of reasons the Stat Demand was thrown out and I won. Please see here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185549-capquest-stat-demand-set.html

 

Yesterday I received a letter from HL Legal Solicitors stating that they act for Capquest, and that on 11th Jan a stat demand was sent to me. They then state that they are "informed that you responsed to that demand and that on Jan 21 09 you made an arrangement to repay your account by monthly installments of £50."

 

Let me state I NEVER made such an offer and indeed what I did do was file a defence to the SD with the great help of the guys here, went to court and won.

 

It then continues "your failure to comply with your arrangement means our client is now able to present a petition to the court to seek an order that you be declared bankrupt based on your non compliance with the SD".

 

"Before considering this step our client is willing to give you one last oppertunity to avoid possible bankruptcy etc etc. You must contact CAPQUEST directly etc "

 

Do they not know the SD was thrown out? How should I respond please?

 

thanks again for all your help.

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Tell them just that - that the SD was thrown out - and they can Foxtrot Oscar. The right hand clearly does not know what the left hand is doing - no wonder they are losing money.

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Why bother telling the cretins it was thrown out. They are digging a very deep hole for themselves abd must be reported to the OFT.

 

HL iLegal are the pretend solicitors of CRAPquest and what they have sent you is obviously a standard threatogramme. They always expected people to ignore their SDs and not get them Set Aside so they have just sent you out their bog standard threat that follows one of their silly SDs.

 

Kick them and Kick them very hard.

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I would laugh out loud if this were not so utterly stupid, but, as already said, this is par for the course, albeit perhaps just another step into the running for the most unorganised bunch of idiots I have ever seen.!

 

I personally would not do their job for them and point out their error, let them carry on and dig an even deeper hole for themselves.

 

As already suggested however, I would cover yourself by sending a complaint to the OFT etc. I would also send a copy of their letter to the Court.

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I would laugh out loud if this were not so utterly stupid, but, as already said, this is par for the course, albeit perhaps just another step into the running for the most unorganised bunch of idiots I have ever seen.!

 

I personally would not do their job for them and point out their error, let them carry on and dig an even deeper hole for themselves.

 

As already suggested however, I would cover yourself by sending a complaint to the OFT etc. I would also send a copy of their letter to the Court.

 

I agree with this and earlier posts - let them try and take legal action. Ignore them but report them. Better than any blood sport!

 

However, this kind of misleading activity seems to be on the increase - ignoring a court's decision and carrying on regardless/lying about the outcome and intending to deceive. See this sticky:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191951-copes-solicitors-have-they.html

 

Beggars belief, doesn't it?

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Hi Guys

 

please can someone advise on how to handle this? On 11 Jan Capquest issued me with a Sat Demand for a debt they had purchased from Egg.

 

I went to court and for a variety of reasons the Stat Demand was thrown out and I won. Please see here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185549-capquest-stat-demand-set.html

 

Yesterday I received a letter from HL Legal Solicitors stating that they act for Capquest, and that on 11th Jan a stat demand was sent to me. They then state that they are "informed that you responsed to that demand and that on Jan 21 09 you made an arrangement to repay your account by monthly installments of £50."

 

Let me state I NEVER made such an offer and indeed what I did do was file a defence to the SD with the great help of the guys here, went to court and won.

 

It then continues "your failure to comply with your arrangement means our client is now able to present a petition to the court to seek an order that you be declared bankrupt based on your non compliance with the SD".

 

"Before considering this step our client is willing to give you one last oppertunity to avoid possible bankruptcy etc etc. You must contact CAPQUEST directly etc "

 

Do they not know the SD was thrown out? How should I respond please?

 

thanks again for all your help.

you should make a formal complaint about this to the office of fair trading and also to trading standards. Point out to them that you are making your complaint under the CPUT regulations and that you consider that they are operating unfair commercial practices. Point out to the OFT as well that this kind of action is specifically against the debt collection guidelines were laid out and the in principle they are violating their licence conditions.

 

I would also suggest complaining to the court. Rights to the judge who threw out the statutory demand. Include a copy of the order and a copy of the letter which you have received from the solicitors and simply ask for some help and point out that you understand that this kind of practice is not unknown and that you are worried about some bankruptcy being declared in your absence.

 

Although of course this is not a formal and correct way to approach these things, it may attract the attention of the judge and you may get an interesting response.

 

Do all of this now

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Although of course this is not a formal and correct way to approach these things, it may attract the attention of the judge and you may get an interesting response.
It was inevitable that their contempt of debtors would eventually progress to 'Contempt of Court'.
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i agree with bankfodder and would use the fact that you are a LIP and write to the JUDGE that dismissed the SD and tell her that you are very worried and upset as you thought she had disposed of the matter

 

i don't think that the court would be too pleased

 

as has been said- pursuing a matter which the court has ruled out can ONLY be taken as contempt of court

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As in the Cope sticky, there's no way they can claim this is an admin error - the details they have given you are far too detailed. I wonder what their excuse will be?

 

Office Junior? Dog ate my keyboard? Rogue employee? Time of month? Male aggressive disorder?

 

Or just that they're lying, cheating barstewards?

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I would write to them, then its all documented and send recorded.

 

Notts

 

I know what you are saying Dave but the whole thing is already well documented.

 

1. The Original SD from Crapquest

2. The Court Case and Judgement setting the SD aside

3. Along come HL iLegal telling HUGE porkies IN WRITING.

 

It really does not get any better than this. Why should the OP bother letting them know the cock up they have made. How satisfying will it be to add Crapquest to the OFT 2009 Hit List.

 

If the OP writes to HL iLegal he will put them on guard and they will come up with the usual excuses. However if he lets them go on churning out more threats and lies then they will be supplying their own rope with which to hang themselves, their own petard on which to hang themselve and their own hole to bury themselves in.

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Go to the court concerned, fill in an N44 and ask for an injunction and costs to you.... end of play for Capquest.

 

HL Illegal are trying it on - they passed my case back to Capital 1 after loosing and I am doing that route at the moment... third DCA to go down this year (and it's only MAY) after trying to chase non-existent debts!!!

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I agree with BF but I stress you MUST do as suggested NOW - not at some time in the future just because you've been told there's now't to worry about. If you don't act promptly who knows what they'll get upto next - debt collectors banging on your door perhaps

 

You must also again as suggested by BF report them forthwith to the OFT. In addition other than sending them copies of your corre with the court don't even bother telling them your reporting them to the OFT just do it

 

Remember by doing as advised you'll be doing everyone here a big favour - These rogues have to be stopped

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