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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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


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  • 9 months later...
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I had a c card and I ended up defaulting on it. I went to CCCS and they set up a debt management plan for me just over 12 months ago.

I have been making my payments. However, I got a letter out of the blue from Cap Quest DCA telling me that they had bought the debt. The amount they quoted I owed was higher than the debt was before I started the DMP. Over £8800.

After looking at this forum I have now sent Cap quest a CCA request using one of the templates.

Today have just got a letter from skycard telling me they have sold my debt.

 

My question are;

 

Can I pursue skycard to reclaim the 'charges' and other adjustments they have added?

 

If so, how do I do it?

 

What should my next action with Cap Quest be?

Thanks

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I had a c card and I ended up defaulting on it. I went to CCCS and they set up a debt management plan for me just over 12 months ago.

I have been making my payments. However, I got a letter out of the blue from Cap Quest DCA telling me that they had bought the debt. The amount they quoted I owed was higher than the debt was before I started the DMP. The amount they say I owe is just over £8800 which is £1000 more than it was a year ago.

After looking at this forum I have now sent Cap quest a CCA request using one of the templates.

Today have just got a letter from skycard telling me they have sold my debt.

 

My question are;

 

Can I pursue skycard to reclaim the 'charges' and other adjustments they have added?

 

If so, how do I do it?

 

What should my next action with Cap Quest be?

Thanks

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Thanks for your comments. However I informed CCCS that I had received a letter from CapQuest and they said they would transfer to them.

 

Should CCCS pay them or should I ask them to hold it?

I have sent a request for CCA by recorded delivery.

 

I have now just received a letter from skycard stating... we have sold your debt to cap quest blah blah blah. This arrived 5 days after cap quest started phoning!

 

What should I do with Skycard aka Barclaycard? SAR?

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  • 4 weeks later...

Just got a letter today dated 20th November stating that further to my communications they will accept payments of £38 per month from me.

 

I can only assume that the CCCS who manage my DMP have contacted them.

 

I sent them a request for CCA recorded on 1st Nov and I have not had anything back.

 

Should I write to them? what should I say?

Should I contact the CCCS and ask them not to pay capquest.

 

Capquest are asking £2000 more than the original debt with Skycard.

 

Should I send a SAR to Skycard (Barclaycard)?

 

Can anyone advise

Thanks:confused:

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Just got this email back from cccs:

Dear

The only contact we have with your creditors is making payments and also issuing financial statements,

If you have requested a copy of your original credit agreement and also a break down in charges and they haven't replied I would advise you get in touch with the financial ombudsman on 0845 0801800 or access there website on

Financial Ombudsman Service

They should be able to advise you on the correct legal proceedings

 

I hope this helps

Please keep us informed with what happens

Regards

Support Counsellor

Can anyone advise what I should now do please.

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  • 2 months later...

Update.

 

I got a copy of my credit agreement sent to me by capquest.

 

I contacted cccs who manage my dmp and they confirmed that they had transfered my payments from monument to capquest.

 

On Friday I received a letter from Capquests solicitors stating that as I had not paid capquest any payments they now were going to pursue me for the total debt

I then started getting phone calls form capquest NON STOP!

 

I have checked with the CCCS and they have paid them evey month.

 

Can anyone advise what I should do?

 

A-with capquest who have added a lot more to the amount owed.

 

B-with skycard who have sold my debt

 

:???:

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I would be grateful if anyone on here could tell me if this agreement is enforcable.

I have attached them and I hope you can see them.

 

It says application form but also states consumer credit act:confused:

 

I am being chased by a DCA who say they have bought this.

I cca'd them and they have now sent me this and are now chasing payment.

 

Help please

skycard 2.pdf

skycard small.pdf

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Thanks for the information.

 

How I write to the DCA about this?

 

Is there anything specific I should put in my letter other than this is not an enforcable agreement?

 

Is there a templete letter I can send to the DCA (Capquest).

 

Confused:confused:

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Ok.

Please could someone advise?

 

I sent this letter recorded post on Monday:

 

 

Cap Quest Debt Recovery

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

25th February 2008

Dear Sir/madam,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Your Ref:8

Ref: Skycard Account

On November 1st 2007 I wrote to your company by recorded mail (signed by you on 5th November), requesting you to supply the following documentation:

 

1. A signed true copy of the credit agreement which refers to the above mentioned account.

 

This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a full and detailed statement of account.

I enclosed a cheque for £1.00 in payment of the statutory fee (which was subsequently cashed).

 

2. You were notified that you were obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

As you are aware non-compliance with my request is a criminal offence under the above Act.

I have received a letter from you dated 21st December 2007 with an application form attached.

I remind you that I requested and paid the fee for an executed regulated credit agreement NOT an application form.

I would therefore be grateful if you could forward the actual agreement.

If you do not have a signed true copy of the credit agreement which refers to the above mentioned account please confirm it in writing.

Please be advised that as you have not supplied a true copy of the signed credit agreement you have committed a criminal offence and I am therefore reporting this to Hampshire Trading Standards Authority and the FSA.

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you.

 

Yours faithfully

CCs:

Hampshire Trading Standards

FSA

 

 

 

I also sent copies to Trading Standards etc.

 

 

 

Today I have received a letter back from Cap Quest.

 

 

 

 

It reads....

 

 

 

We thank you for your correspodence and respond as follows@

 

 

 

Please find enclosed a copy of your application form with sky card. We can confirm that this is a credit agreement regulated by the consumer credit act 1974.

 

 

 

We look forward to hearing from you. blah blah blah

 

 

 

They have then attached another photo copy of my application again.

 

 

 

Could somebody please tell me if this is correct? Is it enforcable? If not what sort of letter should I now send?

Help please!

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  • 1 month later...

Ok...

 

I sent another letter and addrsessed it to Q & A.

 

They have now sent me another generated letter stating my account is on hold !

 

My questions are do I now go back to skycard/barclaycard with a SAR?

 

and what do i do with these jokers (C*pquest)?

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I have just got a letter back from Ms V hollis at Capquest.

 

 

Dear Trumpetmaest

 

I write in response to your letter dated ..... the contents of which have been noted.

 

My previous letter dated .... confirms that further copies of your agreement with terms and conditions of the acount were sent to you.

 

They re-sent me the forms that i have attached on this thread

 

All areas were highlighted to show this is a true copy of your agreement.

The copy they sent had the box with my signature highlighted.

 

The agreement has been signed and dated by you on ...May 2005 and was stamped by skycard on ....May 2005.

This documentation does comply with the consumer credit act, however if you do not agree please advise us why you believe this is insufficient documentation.

 

Capquest shall not be closing your account on the system and the account still remains on hold whilst we await your response on how you wish to clear the balance now outstanding.

 

Should you wish to discuss the matter further please contact me on 0870 no.

Yours sincerely

 

Q&A Officer

 

Could someone please advise me what to respond with?

 

:confused:

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