Capquest 'CCJ' letter re Cap1 debt - Northern Ireland

[theshuffler]

Thats the truth ODC , I suppose im looking for proof that it wasnt an "error" i know and you know we all know it goes on , though that doesnt prove it , i would like to stand in front of a judge and tell them its mass abuse of the system , with figures to back it up.

[ODC]

I think a request under the Freedom of Information Act requsting details of how many Judgements were issued against people with a BT postcode may well be the way to go. If Crapqust had obtained more than one of these then that in my opinion would prove abuse of the system. They cant play the error card or the stupid card. They after all are the so called professionals

[theshuffler]

Great Idea ODC as usual . Way above my head though , have looked at their website and dont even know where to start, cant see if joe public can use it , if it costs and if so how much , how to request etc

Edited July 27, 2009 by theshuffler

[theshuffler]

Mailed this of to MCOL

 

Dear Sir/Madam

 

I am mailing you in order to assertain if i have the right to request some information under the freedom of information act. I am aware that debt collectors are abusing the court process at MCOL by bringing actions against people who reside outside of the courts jurisdiction ie N.Ireland and Scotland . . I have recently been on the recieving end of one of these fraudulently obtained CCJS myself . Therefore if permissable, i request that you provide me with a list of CCJs issued for the BT postcode with the name of the company who bought the action to the court . If it is not within your remit to authorise the release of this information , i would appreciate if you could provide me with the email address of someone who may be able to assist me in gaining the required information.

[theshuffler]

Got an email from MCOL the guy dealing with me is checking to see if i can have the information . Nothing from Cap as yet day 7 tomorrow , thinking i was unwise with the email should of just posted recorded delivery . Just a further thought , if there are two people of the same name living in a house which credit file do they trash considering there is no date of birth on the court papers.

Edited July 29, 2009 by theshuffler

[ODC]

Keep the pressure up on Crapquest. If there is no response by the weekend send them the letter by recorded delivery and refer to the email.

 

A nice little touch is to put

 

c/c Gerry Adams MP:cool:

OFT

Trading Standards

 

at the bottom.

 

The mention of the Rt. Hon Member for Belfast West:cool: should have the desired effect to their bowel movements. Just a liyyle reminder that you havent gone away you know:D

[cerberusalert]

Just a further thought , if there are two people of the same name living in a house which credit file do they trash

With luck, the wrong one, then they'll be even deeper in the brown stuff.

[spamheed]

Irrespective of whether they agree to settle or not, I would still involve OFT FSA et al. also a reuest as to how MCOL is an accomplice to fraudulant practices, I'm sure Gerry and his mates will love sticking it to the British Legal system allowing illegalities in its own name

 

I would also contact the individual CRA's and instruct them to remove any record of this illegal CCJ (and lay out why it is illegal) as it is defamation. If they refuse or fail to remove it, then you potentially have yet another beneficiary to your christmas fund

[theshuffler]

Recieved this mail from MCOL

 

Thank you for your email. Please be advised that Money Claim Online can only be used if both the claimant and defendant have an address within England or Wales for the service of court documents and claims outside of this jurisdiction cannot be issued through us. (WANNA BET ? )

 

Also please note that we are unable to view any case details without a claim number.

 

Now in three seperate emails i have sent them i stated quite clearly i was aware of the rules of jurisdiction and had still had an illegal judgement made against me . They in their 3 replys have still to mention anything about any illegal judgements.

I think this backs up Spamheeds theory

Edited July 30, 2009 by theshuffler

[theshuffler]

My reply

 

I am well aware that your guideline states that only people who reside in England and Wales can be processed through your court.

 

However i do not live in England or Wales and i have had a county court judgement issued against me through MCOL . I have contacted the company involved and they state they made an error . These companies are supposed to be profesional and to provide the word Error as an excuse is beyond belief.

 

I would appreciate if you could answer the following questions for me

 

1 How can a judgement be entered in my case ? I have never had an address inside of your jurisdiction

 

2 What procedures are in place to stop this happening ?

 

3 Do you are rely on DCAs providing you with statements of truth on these maters ?

 

4Was the statement of truth in my case perjury.

 

5 What dissaplinary action is taken against DCAs for knowingly breaking the law ?

 

6 What recourse do i have against this company?

[ODC]

Time for a Formal Freedom of Information request to see how many "errors" were made in processing CCJs against NI and Scottish victims.

You should also make a formal complaint that the actually issued a judgement against you. Let them take it up with Crapquest. Either way it's not your problem that they are stupid. I look forward to helping you pee the compensation up againt the toilet wall of the aptly named Crown Liquor Saloon.

[noomill060]

Send the MCOL muppet the claim number and ask that they investigate before you take the "appropriate action"

[noomill060]

Hey you guys going to the Crown????

 

 

Edited July 30, 2009 by noomill060

[spamheed]

Like all official departments and processes they have to follow the rules, send them the same request but with the correct claim numbers etc.

 

I think this comes under the hedading of "giving them enough rope"

 

Obviously when you have enough evidence that none of the people involved in this highly illegal activity seem overly surprised of such an occurance and equally extremely unwilling to accept responsibility or liability for the counter claim which is almost certainly going to generate no small amount of interest from the media.

 

Rather thanlimiting your action to having a dig at the DCA, I wouuld also wish to include the courts and even the Crown service, see how much embarrassment/damage can be done and maximise your compensation claim.

[noomill060]

I have also found service in the Crown to be disappointing on occasions.

 

You must follow this up with the claim number- otherwise how can you expect them to follow up your complaint?

[theshuffler]

Time for a Formal Freedom of Information request to see how many "errors" were made in processing CCJs against NI and Scottish victims.

You should also make a formal complaint that the actually issued a judgement against you. Let them take it up with capquest. Either way it's not your problem that they are stupid. I look forward to helping you pee the compensation up againt the toilet wall of the aptly named Crown Liquor Saloon.

 

The MCOL state that unless i have claim numbers they are unable to supply details of any ccjs , freedom of information act or not. Of course i can give them mine , i want them to tell me how they prevent these cases arising , if they cant tell me then it will become blatantly obvious that they dont care .

[theshuffler]

I will submit it to them , i havent actually raised a complaint with them as yet , i just find it strange that i have mentioned my lovely ccj 3 times and not one of them has went OH THAT shouldnt happen please do tell us all about it. !

 

I had originally contacted them to try assertain how many illegally issued ccjs they have on their books , but without claim numbers they wont tell me , now if i had the claim numbers i would already have the information i require, its like talking to a DCA

[theshuffler]

Just emailed my Capquest contact she says quite a long letter winging its way to me from the HEAD of their complaints dept. Posted first class yesterday . First class , and the HEAD of dept ! boys a boys

[cerberusalert]

That'll be the guy who cleans the khazi then.

[theshuffler]

That'll be the guy who cleans the khazi then.

Yeah i can be assured of crap

[spamheed]

that will be the fuller explanation then

 

"There was as Error, sorry about that"

[theshuffler]

Well at least it should be a source of amusement over the forecast wet weekend.

[ODC]

I would still go ahead with a request under the FOI. Im sure they have access to addresses by postcode. You will probably have to make a formal written request quoting all the proper guff but the information is their and should be a couple of computer keys away for them to access. Im sure like every other computer if you give it a postcode it will churn out loads of info

[theshuffler]

Got their reply this morning , just what i was expecting. My papers were put in the wrong pile for litigation ,one pile for England/ Wales the other Scotland and here. In reply to my statement that they knowingly went to the wrong court . NO FOUNDATION You have no knowledge as to whether the submission of your claim was incorrect or through error , We consider it innappropriate for you to make a statement in these terms.

 

You mention the indication of the use of bailifs . We are aware that in Northern Ireland the enforcement is through the Northern Ireland enforcement office The letter was generated as part of the process following a judgement . The sending of the letter flowed from the same initial error as the judgement.

 

A lot of other gumf folks but basically they say there are no foundations for any of my accusations , they consider their apology adequete and believe that any of the relevant bodies will agree with them . They say if i can prove that i was refused credit because of the ccj they would compensate me . Or if i can successfully dispute the debt and take them to court . Far to much crap for me to type up over two pages at the min but will get it done. Whats the success rate for wins over cap 1s agreements circa 2006 ?

Edited July 31, 2009 by theshuffler

[ODC]

Its not your fault one of their highly trained professional experts put the file in the wrong pile. The simple FACT is that they not only applied for a CCJ in the wrong court but having wrongly been granted it decided to seek to enforce it. Now these are professional debt collectors who should be aware of the law. If even a layman such as I can see quite easily that Northampton CC has NO jurisdiction over Northern Ireland then surely one would expect a so called professional outfit like Crapquest to check their facts befor making a serious error whether deliberate or accidental.

 

You must make a formal complaint to the FOS, the OFT, Trading Standards, MCOL and the CSA as well as your MP.

 

Go ahead with your formal Freedom of Information Request and you will see how many more of these errors Crapquest have made.