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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Passerby0233
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By Passerby0233 · Posted

      Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • BankFodder
      Lost items sent through Parcel2Go and EVRi

      By BankFodder · Posted

      Please check back later on today for a fuller response and some edits

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      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

capquest stat demand for old SkyCard Debt? *** WON + COSTS ***

trumpetmaest

By trumpetmaest
in Legal Successes

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because no one has posted on it for the last 4461 days.

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trumpetmaest

trumpetmaest

Posted
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Posted

The Judge said that she had to agree with my points and dismiss the SD.

 

She then went on picking through my costs and she refused to alllow anything for taking 1/2 day off work to attend hearing because I had not provided evidence that I should have been working. She then also queried my research time, but in the end awarded me costs of £169. I requested £235.

 

I have already reported them to the OFT and also written to my local MP.

 

Is there anything else I should do?

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Liz Southern

Liz Southern

Posted
Posted (edited)

Yeeaaaaah!!!

Go Trumpetmaest, Go Trumpetmaest!!!

 

Yes, there is something else you need to do. In a few days you will get by post a one-page document called a Court Order. It has a Court stamp on it. It will give you the date by which CapQuest have to pay your costs. Make a note of the date, because if they haven't paid you by that date, you can send the bailiffs round for payment of your costs plus £100 of their own (bailiffs') costs!

 

Post on here if they don't pay and I'll talk you through it.

 

Again, well done.

Liz Southern.

Edited by Liz Southern
grammar.

Oops, there goes another rubber tree plant!

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stuscfc

stuscfc

Posted
Posted (edited)

Well done m8 didnt it feel good walking out of that room knowing you had taken a them all the way and won after all there hot air threats.

What LIZ said above they have 14 days i think from when the order was made to pay costs if they dont warrrent of execution time.I had great please threatening them over the phone with that one the call handler didnt know what to do lol.Felt great having the shoe on the other foot.

Have a party and send a pic and a thank you to kap west when you have the money off them.

As far as there next move is they may sell it on or you may never here of it again maybe i havent and its been nearly a year.

Edited by stuscfc
didnt see last post
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diddydicky

diddydicky

Posted
Posted
Yeeaaaaah!!!

Go Trumpetmaest, Go Trumpetmaest!!!

 

Yes, there is something else you need to do. In a few days you will get by post a one-page document called a Court Order. It has a Court stamp on it. It will give you the date by which CapQuest have to pay your costs. Make a note of the date, because if they haven't paid you by that date, you can send the bailiffs round for payment of your costs plus £100 of their own (bailiffs') costs!

 

Post on here if they don't pay and I'll talk you through it.

 

Again, well done.

Liz Southern.

 

 

better still- sit on the judgement for 4-5 weeks so that it goes on their credit record for the next 6 years THEN send the bailiff in

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  • 2 weeks later...
42man

42man

Posted
Posted
Cheque arrived today!!! :D

Thankyou thankyou thankyou.

 

One thing that alarmed me was their reference though! It said SD No. 3xx of 2009.

 

Does this mean that Barry Davies has issued over 300 Stat Demands this year?

 

 

Not for much longer I hope....

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ODC

ODC

Posted
Posted

Most of this cretins SDs are mickey mouse documents just like his mickey mouse company. They did a mass mailing of them last Christmas to Northern Ireland but the were all fundamentally flawed and would have been laughed out of Court at huge expense to Crapquest. Needless to say the never followed through.

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  • 2 years later...
trumpetmaest

trumpetmaest

Posted
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Posted

I wonder if anyone can help me and offer me some advice.

 

I have had several dealings with Caapquest regarding a disputed skycard debt they claim to have purchased going back to Oct 2007.

 

I have never acknowledged the debt, they failed to produce a legible agreement with t&c's etc so and the account has been in dispute.

 

They pursued me with a Stat demand in 2009... which was dismissed:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?199097-capquest-stat-demand-***-WON-COSTS-***&p=2455539#post2455539

 

About 2 weeks ago I got a letter from them stating that they had continued to update their records and inform credit rating agencies and if they did'nt hear from me with in the next 14 days they would start court action which might include a charging order etc... but I could call their friendly people and start paying them....

 

I wrote back stating that I was surprised to receive the letter as the last letter I had received from them had a cheque in it to cover my court costs!

 

I have now got a letter back stating that they purchased the debt from skycard and were acting in good faith as they were not aware of any dispute. The letter states that the money they paid me was in relation to the stat demand and has no bearing on the current outstanding balance and they are the legal owners of the debt.

 

They have given me 14 days in which to respond before the account is passed back to collections which may include court action.

 

Any advice on how to proceed?

 

The paper from the court states that the case was dismissed after reading the evidence presented... This was to do with the lack of a properly executed agreement, no notice of default, letter of assignment etc.

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dx100uk

dx100uk

Posted
Posted

so it should be almost sb'ed now?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx100uk

dx100uk

Posted
Posted

purchase date is nowt to do with it

 

its YOUR last in/out

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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trumpetmaest

trumpetmaest

Posted
  • Author
Posted

There is 13 months to go before it could be classed as statute barred...

 

Can they pursue this even though it has been dismissed once by a judge. I know it was a stat demand but their witness statement was about agreements etc and my evidence that I presented was about lack of.... Agreement, default notices, letter of assignments etc,

 

Thanks

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trumpetmaest

trumpetmaest

Posted
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Posted

Hi,

 

I have a link here in the Debt collectors forum but I wondered if anyong could offer me advice on how to proceed.

 

Here is the link. http://www.consumeractiongroup.co.uk/forum/showthread.php?343285-Capquest-started-contacting-me-again!

 

I'm not sure how to respond to them on this one.

 

I checked my credit file last month and the default they (Capquest) put on my account was in March 2006 but their letter states 'they bought the account in October 2007'. The default has now gone from my credit report.

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asokn

asokn

Posted
Posted

Just quickly read the link. One point first, there's nothing to stop them bringing a 'second' action as the SD was dismissed. Issuing a claim subsequently is quitecommon as ultimately the dispute must be resolved.

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asokn

asokn

Posted
Posted

I think I answered that above! For the avoidance of doubt, the fact the SD was dismissed showed that there was, to that particular judge's mind, a genuine trialable issue. Therefore, in order to resolve that issue, a claim could be brought where the issue would be explored in detail and a decision made on the balance of probabilities.

 

I imagine that if you referred to the SD being dismissed the creditor's response would be "yes, that's why a claim has been issued. So what?".

 

Hope that helps!

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