Capquest 'CCJ' letter re Cap1 debt - Northern Ireland

[ODC]

Tiocfaidh ár lá

[Skintsuzi]

I have had the same letter from capquest. I live in Scotland http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/210550-cap-quest-judgment-order.html#post2306116

[theshuffler]

Skint suzi if you have lived in scotland all your life never having an address in england or wales and the ccj was issued in Northampton then you have the same argument as i do . Also another ccj pushed through the wrong juristiction makes it difficult for them to deny doing it on purpose

[theshuffler]

Tiocfaidh ár lá

 

 

Hopefully before christmas ODC

[Skintsuzi]

Quote:

Originally Posted by theshuffler

was the court order made in northampton? if so you have the same argument as i did suzi and at the very least you will get this debt written off

 

If this was theshuffler, I will use the same arguments. Also I am pretty sure this was all paid of in 1999 when I sold my house to pay for the mess I got myself into,

 

These guys are just chancers and I will not let there threats make me pay a debt I do not owe.

 

Think I might have some fun with this now I am wiser (thanks to this forum)

[jobmid]

im delighted for you theshuffler as others said dont let this just go time to sue them for damages thye need a good spanking

[ScarletPimpernel]

I think this case highlights one of the significant problems of the Northampton Bulk Centre; the system is not robust enough to prevent claims like this one being made, and companies like Capquest get away with these appalling practices time and again.

[theshuffler]

I wonder will they try to pass the buck on to the bulk center , they should of spotted our admin error etc. It has just occured to me that they prob paid around £120 for this alledged debt , then they try to buy me off with it dressed up as 686. Clowns . trying to find a case of purjury similar on the net to see what sort of punishment it involves.

Edited July 22, 2009 by theshuffler

[noomill060]

Go on to MCOL and see if there is a box to tick stating that the claimant confirms that the defendant resides in England/Wales and so falls under E/W jurisdiction.

[theshuffler]

Go on to MCOL and see if there is a box to tick stating that the claimant confirms that the defendant resides in England/Wales and so falls under E/W jurisdiction.

 

 

What or where is MCOL nomillo:confused:

[lickthewallfatboy]

Money claim on line

[theshuffler]

On the instructions for starting a claim it states clearly that the defendant must have an address in england or wales. If your claim does not meet these requirments , you may not use this service.

[lickthewallfatboy]

do you have any friends living in England or Wales......perhaps......??

 

[theshuffler]

No not at all . They have already admitted they were wrong , given the amount of times they have used the service im sure that they were completely aware of what they were doing.Im just struggling for the right words to emphasise that the apology they offered was derisory . My wording doesnt seem to be strong enough to highlight the seriousness of the issue.

Edited July 22, 2009 by theshuffler

[theshuffler]

This is a rough draft of what i intend sending to them . Im a novice.

 

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 myself in a court that has no juristiction does not suffice.

As a regular user of the MCOl im 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 of been required to sign a statement of truth , which your company duly signed knowing quite well that you were not being truthfull. This act in itself is purjury and can carry hefty fines and or imprisoment. Further to that you tried to use the CCJ you had issued illegallly to frighten and harrass me into making payment.s by threatening me with bailifs . The fact that this illegally obtained ccj was entered on to my credit file is an act of libel against me . In light of my complaint and by way of apology you have now decided to write off a disputed debt , which probably cost your company one fifth of its face value , a derisory figure to a company of your size. Im afraid that you have left me with no option other than to keep my previously arranged appointment with my MP ( 4th Aug ) with regards to him speaking to the relevant minister regarding your behaviour. I did hold off on lodging complaints to the OFT and the financial Ombudsman regarding these issues until you had your right of reply , however as have mentioned above the word ERROR does not justify your actions , and leaves me in no doubt that you have taken these matters lightly .

[noomill060]

"Abuse of process" would appear to describe their handling of this situation in a nicely understated way.

 

So, they have obtained judgement against you fraudulently. They can only have lied as to your address.

 

(But you would think MCOL would be set up to reject postcodes not in England or Wales. God, its cant be that hard to set up an auto reject for postcodes starting BT?)

 

But hey, thats not your problem, they ignored the statement that MCOL must not be used for those residing outside England/Wales.

[noomill060]

You could also mention that their threat of bailiffs was laughable as bailiffs have no power in N.Ireland, besides being an act of harassment- threatening a form of legal action for which they have no power and no legal authority to inflict!

 

(You may also like to mention that the reason that bailiffs have no power here, is because they are considered legitimate targets by the IRA and that the post was abolished in 1971 due to most of them getting a bullet in the back of their head.)

[theshuffler]

You could also mention that their threat of bailiffs was laughable as bailiffs have no power in N.Ireland, besides being an act of harassment- threatening a form of legal action for which they have no power and no legal authority to inflict!

 

(You may also like to mention that the reason that bailiffs have no power here, is because they are considered legitimate targets by the IRA and that the post was abolished in 1971 due to most of them getting a bullet in the back of their head.)

 

And maybe mention my MPS name . Like i say rough draft i will rework it gradually , so any input greatly appreciated.

[cerberusalert]

It would be even better if the letter was on his letterhead.

[noomill060]

In the end, it will be court action that gets you justice, so dont worry too much about this letter you're writing.

 

They know how much shte they're in here -all you need to do at this stage is let THEM know that YOU know how much shte they're in, too!

 

Balls in vice, tighten slowly.

 

[theshuffler]

The grammar isnt correct as yet , feel free to pick holes in it.

 

Dear sir/mad man

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 myself in a court that has no juristiction does not suffice. In your letter dated June 16th you stated " As you will appreciate we have already commited to the full use of the court process and this will continue " My view is that you were commited to abusing the court process and this will continue until you are taken to task over your illegal practises.

As a regular user of the MCOl im 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 unlawfull . By commiting this offence you have called into question your elligibility 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 you tried to use the CCJ you had issued illegallly to frighten and harrass me into making payments also indicating the use of bailifs. Im sure that being in the business you are in, the threat of bailifs is a usefull tool , however i am also sure you are aware that bailifs do not exist in N. Ireland , unsure if i was aware of that fact you decided to try and harrass me with the threat of using them , whilst also implying that you had the legal power to do so . This matter would probably be best dealt with by the OFT.

 

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 comphensate me for your actions , i note that you failed to address my request in your reply.

In view of all the stated facts Im afraid that you have left me with no option other than to keep my previously arranged appointment with my MP ( 4th Aug ) with regards to him speaking to the relevant minister about your behaviour. As you requested after recieving 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 you actions very seriously. Therefore you have left me with no choice other than to proceed with my complaints

[jobmid]

could u imagain thier supprise when they get a letter from Gerry Adams and the shinners lol

[theshuffler]

The grammatically correct letter above went via email today .

[theshuffler]

I know its early days for a reply from them , but any one any idea if its worth making a complaint to MCOL about the handling of the case? Surely if capquest can slip ccjs past them then they are being negligent in their handling. Also if i raise a complaint maybe the will dig a bit deeper to see how many " Errors" have been made.

[ODC]

I dont know whether MCOL can be blamed. After all they rely on the statments made by DCA **** that the information they have given is true. No we all know that TRUTH and DCAs cannot be used in the one sentence