Capquest 'CCJ' letter re Cap1 debt - Northern Ireland

[lickthewallfatboy]

get the MP involved in this

 

Gerry Adams,time to earn your pay

[theshuffler]

I will be concentrating on MCOL until i get what i want from them , no reply from them regarding procedures , etc . I will give them the ten days that they state on their website to reply. Im off down town to apply for credit in every shop , prob wont get it though because i have a ccj against me . That would be capquests fault now wouldnt it.

Edited July 31, 2009 by theshuffler

[ScarletPimpernel]

ODC has the nail/head interface exactly right. Capquest had several opportunities to notice that they were dealing with the wrong jurisdiction:

 

- when they prepared the initial claim

- when they received the default judgment

- when they decided to enforce

 

I don't think you'll get anywhere on your own - they will stick with their line - you need backup in the form of Trading Standards (Belfast TS are usually quite good), and your MP. Again, make it easy for them by highlighting all the points.

[ScarletPimpernel]

I will be concentrating on MCOL until i get what i want from them , no reply from them regarding procedures , etc . I will give them the ten days that they state on their website to reply. Im off down town to apply for credit in every shop , prob wont get it though because i have a ccj against me . That would be capquests fault now wouldnt it.

 

 

Especially since they've had time to remove all trace from your CRA files... :grin:

[noomill060]

They are being very very defensive and talking a lot of nonsense- because they know they are up sht creek.

[noomill060]

I would be talking to a solicitor this so clear cut.

[theshuffler]

Solicitors cost , a luxury i can ill afford nomillo , im saving up so as i can class myself as poor .

[noomill060]

See if you can find one to take you case on "pro bono" (for nowt)

 

Its an interesting, out of the ordinary case - so you could be lucky.

[ODC]

Solicitors cost , a luxury i can ill afford nomillo , im saving up so as i can class myself as poor .

 

Thats why you go to your MP. He has the contacts.

[noomill060]

Why not ask at a Sinn Fein Advice Centre? - I am certain they would be able to point you at a sympathetic pro-bono solicitor.

[theshuffler]

There was an email sent to Gerry informing him of what has occured . I have made him aware of MCOLs now official statement that there is absolutely no manual intervention with regards claims , and that it is up to the DCAs to be HONEST:confused:. I have requested that he intervene and try getting some answers from MCOL regarding how many ccjs have been issued . The other crowd can stew a while see if i can dig up evidence of mass ERRORS.

[ODC]

Gerry could start by offering them a Knighthood. He has plenty of hoods just waiting for the NIGHT:cool:

 

ALLEGEDLY

[noomill060]

No point starting a crusade until your own problem (unlawful judgement) has been sorted out and damages paid.

[ODC]

No point starting a crusade until your own problem (unlawful judgement) has been sorted out and damages paid.

This is true but if the shuffler can prove that Crapquest were abusing the system and that MCOL/Northampton were aware then he will have a better case

[noomill060]

He only has to show MCOL fkd up in his case to get this sorted.

[theshuffler]

MCOL are being to coy for my liking , this is copy of email i sent them and their response.

 

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 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 disaplinary action is taken against DCAs for knowinly breaking the law ?

 

6 What recourse do i have against this company?

 

RESPONSE

 

Good afternoon,

 

Thank you for your email. As the claims are issued online there is no human intervention and it is the responsibility of the claimant to ensure that the claim is correctly issued. If claims are issued in error these will be referred to a District Judge and the claim struck out and the issue fee is non refundable.

 

If you have a claim issued against you incorrectly then please provide the claim number, we can then refer to the District Judge for the judgment to be set aside and the claim struck out.

 

 

If you have any further enquiries, please check our online Frequently Asked Question (FAQ) section

Info about - County court bulk centre - money claim online

 

 

Too many unanswered questions . Basically it seems that the DCA doesnt get its money back , ouch that hurts. They aint getting my claim number , i think thats the other crowds job to sort out

[ODC]

He only has to show MCOL fkd up in his case to get this sorted.

 

I know but they are trying to weasel out of it by claiming it was a one off error. If The Shuffler can prove widespread abuse he has them by the gonads plus Crapquest

[noomill060]

"They aint getting my claim number , i think thats the other crowds job to sort out"

 

 

I think its your own job to help yourself.

 

Once thats sorted, you can sort out the other crowd.

 

(Just my 2d, how you want to play this is up to you.)

 

[theshuffler]

Capquest stated in their last letter that they are not afraid to face the cosequences of their actions, i want them to eat their words and firmly believe this is the way to do it . If i can get the Gerry fella on board then there might be a way of hitting both . Another thing they said in their letter was that they believed their apology would be seen as fair by Gerry.

[noomill060]

If you let the district judge strike out the judgement, you will have a very big stick with which to beat both the DCA AND moneyclaim on line...

[theshuffler]

If you let the district judge strike out the judgement, you will have a very big stick with which to beat both the DCA AND moneyclaim on line...

 

 

You mean give the MCOL my claim number and let them deal with it. Im of the belief that cap might drag their feet rather than owning up to MCOL the longer it stays the better , especially after they said they would remove it .

 

This is all new to be folks and all input is appreciated .Will get the mrs to type up their full letter and there might be different views.

[noomill060]

All MCOL would do is use your claim number to examine the judgement and then confirm that your address isnt in England or Wales then get the DJ to strike it out.

 

Cap one wouldnt have any input to MCOL's investigation at all.

 

Once you get the strike out letter, you can then make plans for the downfall of Cap.

[theshuffler]

I was referring to capquest not cap 1

[noomill060]

whatever

[theshuffler]

Thanks for your recent correspondence regarding my complaints with your company. However in view of the seriousness of your actions and the poor apology you have issued i feel i must take this matter further. Your excuse other than an error in bringing action against me in a court that has no jurisdiction does not suffice. In your letter dated June 16th you stated “As you will appreciate we have already committed to the full use of the court process and this will continue “My view is that you were committed to abusing the court process and this will continue until you are taken to task over your illegal practices.

 

As a regular user of the MCOl I’m sure you were quite aware of the guidelines set down for the use of the service, I have never been to the site before now and it was blatantly obvious to me within five minutes that people without an address in England or Wales could not and should not be processed through the center. I believe that your company was fully aware of the slack procedures at the MCOL and decided that a cheap CCj was ideal way of attempting to extract payments for me for a debt i dispute. When you submitted your papers to the center you would have been required to sign a statement of truth, which your company duly signed knowing quite well that your statement was incorrect and unlawful. By committing this offence you have called into question your eligibility to hold a consumer credit license. In light of your lack of explanation on this matter i must assume that this action was a serious abuse of process which your company entered into knowingly and willingly. The fact that this illegally obtained ccj was entered on to my credit file is an act of libel against me. Therefore i must consider my options on dealing with this matter in the courts.

Further to that your company tried to use the CCJ ,you had issued illegally to frighten and harass me into making payments also indicating the use of bailiffs. I’m sure that being in the business you are in, the threat of bailiffs is a useful tool, however i am also sure you are aware that bailiffs do not exist in N. Ireland, unsure if i was aware of that fact you decided to try and harass me with the threat of using them, whilst also implying that you had the legal power to do so

 

In light of my complaint and by way of apology you have now decided to write off a disputed debt , which you have stated as £684.46 , oddly enough in your letter dated 16th June you were prepared to accept £386.99 , this debt probably cost your company one fifth of its face value , a derisory amount and quite honestly laughable . In my complaint to your company i requested that you compensate me for your actions, i note that you failed to address my request in your reply.

 

 

In view of all the stated facts I’m afraid that you have left me with no option other than to keep my previously arranged appointment with Gerard Adams MP ( 4th Aug ) with regards to him speaking to the relevant minister about your behavior. As you requested after receiving my complaint I delayed lodging complaints to the OFT and the financial Ombudsman regarding these issues until you had your right of reply , however as i have mentioned above the word ERROR does not justify your actions and i feel that you have not taken the possible consequences of these actions very seriously. However in the interest of fairness i will allow you seven days to reconsider your apology along with an offer of compensation that reflects the seriousness of these matters.. If i have not received a response from you within the stated seven days I will forward my complaints to the relevant bodies and contact my solicitor .with regards to bringing this matter to the courts.

 

REPLY

 

You raise a number of issues in you letter i will deal with them in numbered paragraphs as below.

 

1 You describe this companys letter of 17th july as a poor apology , you go on to say that are excuse that an error resulted in action being bought in a court that has no jurisdiction was not sufficient . I see that our letter contained an unreserved apology for the inconvience that you had been caused . I do not regard what was said to you as an excuse . It is a fact that an error occured . I can do no more than repeat the apology and explanation. .When we compile lists of accounts where litigation may be approiate we seperate accounts of persons living in England and Wales from those that live in Scotland and Northern Ireland . It appears that an oversight resulted in that seperation taking place in the case of your account with the result that it was grouped with other accounts for claims to be issued in England and Wales .

 

2 You state that it is your view that this company was commited to abusing the court process and this would continue until we are taken to task over illegal practises . I do not consider that you have any foundation for that view. This company seeks at all times to conduct litigation within the civil procedure rules in England and Wales or their equivalent in other jurisdictions . We do not undertake illegal practises . I cannot accept that your view has any foundatio.

 

3 you mention MCOL . A claim was issued through the claims production centre in Northhampton which is a centre used by users who issue large numbers of claims . Users are not required to sign a statement of truth for each claim but the submission of claims to the centre are on the same basis as if a statement of truth was signed

 

4 You state that this company was fully aware of the slack procedures at MCOL and decided a cheap ccj was an ideal way of attempting to extract payments from you for a debt you dispute. The issue of the claim against you was not a result of informed decision to issue a claim where there was no jurisdiction. Your belief to the contrary has no foundation. Your statement is the first indication which has been made to the company that you dispute the debt . You will see in our letter of 17th July that we listed the 8 letters that were written to you during 2007 . You did not contact us in response to any of those letters to inform us that the debt was disputed . A claim form was issued by Northhampton court . You did not contact us or the court at that time to inform us that the claim was disputed or to point out that you live in Northern Ireland . OK you got me it was all my fault oops sorry about that. Even now you do not state your grounds for disputing the debt.

 

5 you state that this company signed a statement of truth knowing quite well that our statement was incorrect and unlawful. As I explained, we do not actually sign a statement of truth, but nevertheless your statement is incorrect. You have no knowledge as to whether the submission of your claim was done in the knowledge that it was incorrect or through error.

I consider it inappropriate for you to make a statement in these terms.

 

6 You refer to a lack of explanation. Our letter dated 17th July informed you that the claim had been issued in error. I have now set out above how that error arose.

 

7 You state that you assume the action was a serious abuse of process which this company entered into knowingly and willingly. You have no foundation for that assumption.

 

8 You state that the County Court Judgement was entered on your credit file and is an act of libel against you. We are taking steps to have the CCJ set aside and will ensure that your credit file is updated to remove all record of the judgement following it being set aside.

 

9 You state that this company tried to use a CCJ which has been issued illegally to frighten and harass you into making payments. At all times, this company was attempting lawfully to collect a debt which we did not consider to be disputed. In error a claim was issued against you in the MCOL. There has been no attempt to frighten or harass you.

 

10 You mention an indication of the use of bailiffs. We are aware that Northern Ireland Enforcement is through the NI Court Enforcement Office. This letter was generated as part of a process following a judgement. The sending of the letter flowed from the same initial error issued in the claim.

 

11 You asked for compensation. I note that you have already been offered compensation of £686.46 in the form of the writing off of your debt. You claim that this is not adequate and the debt is disputed but you have not explained the nature of that dispute or why you have not previously raised that dispute. You go on to state that we failed to address your request in our letter of 17th July. May I draw your attention to the penultimate paragraph in which you were asked to provide any documents showing that you have been turned down for credit since the judgement was obtained. That request was made so that we can evaluate whether you have incurred any damages as a result of our error. You may be awaare that should you pursue this matter through the courts, as you state to be your intentions, the quantifications of your damages will be evaluated as the losses you have sustained.

The level of any damages will not be calculated as to penalise this company. You have already been given the benefit of £684.46 and we will argue that yu should only receive monetary compensation if you are able to demonstrate to a court that you have sustained loss in excess of that figure. The position would be different if you were able to satisfy the court that your reasons for disputing the debt are valid, but as you have not indicated the nature of the dispute, we cannot comment upon that.

 

12 In the final paragraph of your letter you set out the actions you will take should we not make an offer of compensation that reflects the seriousness of these matters. This company does not seek to hide from the consequences of its actions. In this case, an error has occured. We have made an unreserved apology for that error. We have nformed you that the error will be rectified by having the judgement set aside. We have compensated you by writing off the full balance of the debt. We have agreed to investigate any issues that might have arisen from you being turned down for credit since the judgement was obtained. I'm sure Mr. Adams and the institutions you list in your letter would agree that it would be wrong for me to offer compensation over and above an appropriate figure purely to avoid complaints being made.

 

I remain willing to consider any information you care to provide us as to your reasons for disputing the debt and any evidence of loss which you have incurred as a result of this companys error.

Should these factors alone justify a review of the compensation that been offered to you, then I will reconsider it.

 

CCA? whats the success rate cap 1 circa 2006