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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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    • lolerz
      Advice needed regarding Eviction

      By lolerz · Posted

      Please see my comments on your post in red
    • WiltshireGuy81
      Advice needed regarding Eviction

      By WiltshireGuy81 · Posted

      Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • dx100uk
      General question about CCJ's if not enforced or extended after 6 years

      By dx100uk · Posted

      extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • BazzaS
      Sold shoes to a platform. Tracking shows no issues but company claim empty box received - Should I apply to strikeout?

      By BazzaS · Posted

      You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Andy111
      General question about CCJ's if not enforced or extended after 6 years

      By Andy111 · Posted

      Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.

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      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.

CaqQuest SD for unknown RBS Debt

AngloIrishGuy

By AngloIrishGuy
in Debt Collection Agencies

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AngloIrishGuy

AngloIrishGuy

Posted
  • Author
Posted

Gone through it - Only sections that I can see that apply are Section 267 and 268 - all rather vague. However I came across this:

 

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/howtomakesomeone.pdf

 

I know this is relation specially to a BP, but one would assume the same principles apply to a SD?.

 

Under section 6) it states "You cannot just complete the petition and present it to the court. Insolvency law requires

that: 1) the petition be served on the debtor; and 2) statements of truth are lodged at court verifying the bankruptcy petition and that it has been served on the debtor."

 

I assume in statement of truth they would obviously need to sware these statements and provide evidence to back up there claim if application for set aside is made

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the_shadow

the_shadow

Posted
Posted

They do have to "prove" that you were given the SD prior to lodging the petition in court, thats why we think this is a mis-use of the bankruptcy process as they post and hope to scare the debtor.

 

Read this thread for more details ->> http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

S.

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42man

42man

Posted
Posted

It makes no difference anyway as you have NEVER had an account with RBS, if you haven't you just deny it all....I can't see a judge doing anything else apart from spit venom at the claimant and set the demand aside and pay you your costs !!

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AngloIrishGuy

AngloIrishGuy

Posted
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babybear39 - I think your right, most of the posts I have reviewed with regard to SD seem to be from CQ and "Barry Davies". Either they are having enormous success with this method or they are simply not successful with their other methods?

 

The thing I find most disturbing about SD's from CQ is that they have not, at least from my reading of all the SD threads on this forum, produced any CCA's and every one seems to be issued by second class post - surly this cant be considered an acceptable. Surely the responsible agencies know this?

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the_shadow

the_shadow

Posted
Posted
Ok - Applied at the Court this morning to have the SD set aside - was told it will take 5-10 days to get a response as to next steps. Pretty straight forward and easy to be honest. Also, sent the SAR Request.........

 

 

.........just the complaint to the oft left and then its a full house :-D :-D :-D

 

 

S.

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summer30

summer30

Posted
Posted

Good luck with this, I dont understand why they just dont go for CCJs rather than SDs, especially if people dont have a house or any assets.

 

Its probably because they cannot hound people for higher payments if they did .

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the_shadow

the_shadow

Posted
Posted
Good luck with this, I dont understand why they just dont go for CCJs rather than SDs, especially if people dont have a house or any assets.

 

Its probably because they cannot hound people for higher payments if they did .

 

Because a) It scares people, bankruptcy can ruin someones job/life/relationship b) It costs NOTHING to issue this bit of paper c) Its probably quite successful in most cases (where people have no advice) of getting the debtor to either pay the full amount or discuss more than they can afford monthly payments.

 

CCJ's require paperwork backing up a claim and cost money to issue.....

 

S.

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the_shadow

the_shadow

Posted
Posted
So is there a good template letter I could use?

 

I dont think there is to be honest, imho it needs to set out the circumstances (chased for debt, you say stat barred, show proof its not, they havent) which are personal and then the way they have gone about things, which is also case specific..

 

 

S.

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Brent-London

Brent-London

Posted
Posted
Yes, I already have my costs worked out :)

 

Make sure you send them your costs in the proper format so they cannot argue over technical things.

 

You need to claim the "litigant in person" rate under the appropriate rules of court.

 

I have an example here where I won £175 against them:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215740-martin-capquest-statutory-demand.html#post2375166

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AngloIrishGuy

AngloIrishGuy

Posted
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Posted

OK, so quick update.

 

Court date for the set aside hearing is set for early Oct. Interestingly enough I have received 3 letters from CapQuest, none of any substance:

 

Letter 1) Stating my account is on "Long Term Hold" while they investigate. This was in response to my letter stating to them I have filed at court a request to have the SD they issued set side.

 

Letter 2) Stating that they are "investigating my claim" with regard to who made payments to this account. This letter was in response to my letter to them where I challenge them that the account is not mine and state I never made, nor authorized anyone else, to make payments to the account.

 

Letter 3) Stating that my letter has be passed to "the relevant department". This letter was in response to my letter to them where I request a copy of all evidence they seek to reply on in court as the court date and time has now been set by the court.

 

I find this a crazy situation where these people can issue "life changing" legal proceedings against people with no evidence whatsoever this debt is owed by me all while ignoring their legal obligations under the law......this is NUTS....

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AngloIrishGuy

AngloIrishGuy

Posted
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OK Guys I need help!!!!!!!

 

I am in Court in a few days and CapQuest have sent a whiteness statement response which makes no sense to me what so ever.

 

I dont have a Scanner so I shall type of what they say:

 

1) " In Paragraph 1 of the Applicants Affidvit: he states that he does not admit the debt because the debt is in dispute". I submit that a mere denial is not evidence of a dispute and if the applicant disputes the debt he should provide valid reasons for that dispute. These have not been provided to the Repsondent and the Apllicant merely says the debt is in dispute"

 

2) The Applicant makes reference in his affidavid to his request under Section 78 of the Consumer Credit Act for a copu of the Signed Agreements. The applicant states that these requests were made by letters dated the 10 of June and 20th of July. Upon checking the respondents records neither of these letters were received by the respondent. I can confirm following the applications were made for a copy of the agreement but will not be available in time for the hearing"

 

3) The Applicant states in that the "debt is statute barred". We can confirm that a payment was made 12th of January 2005. This payment is shown in the copu Statements exhibited to this my whiteness statement. I therefore submit that this debt is not statute barred.

 

4) The grounds of the application seem to be that the debt is disputed on grounds which appear to the court to be substantial. This is the requirement of Rule 6.5(4)(b) of the insolvency Rules 1986. I submit that the matters which I have set out above show that these are not substantial grounds for disputing the debt. I respectfully submit that the applicant has not shown that there are grounds upon which the Statuary Demand should be set aside.

 

Not sure what to do - they also sent a copy of several sheets of a bank statement (loan account). Which is at the different address to that of myself but should that payments to the account where of or nearly £30K cleaning the account of all arrears 2006, when the account was closed. this makes no sense to me....

 

Please please please help in responding to this would be greatly appreciated.

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ODC

ODC

Posted
Posted

Pending advise from some of the experts I can see that capquest have actually handed you a defence on paper on their witness statement. They have admitted that they have yet to produce the CCA. Without the CCA you are unable to ascertain the legality of this alleged debt. Also they deny receiving your CCA requests. Do you have proof that they got them. Also they have failed to supply proof that the mystery £ 7000 was actually paid by YOU so it is still your contention that the matter is Statute Barred

 

Do you also have a copy of the letter from Crapquest stating that they were unable to produce a CCA

  • Haha 1

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babybear39

babybear39

Posted
Posted
Pending advise from some of the experts I can see that capquest have actually handed you a defence on paper on their witness statement. They have admitted that they have yet to produce the CCA. Without the CCA you are unable to ascertain the legality of this alleged debt. Also they deny receiving your CCA requests. Do you have proof that they got them. Also they have failed to supply proof that the mystery £ 7000 was actually paid by YOU so it is still your contention that the matter is Statute Barred

 

Do you also have a copy of the letter from capquest stating that they were unable to produce a CCA

 

Great minds and all that...

 

ROFLMFAO :D

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