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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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    • finaldj
      Santuary Housing

      By finaldj · Posted

      Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • BOE4321
      MET CCTV PCN - 23 min stay - Southgate Park, Stansted Airport (346)

      By BOE4321 · Posted

      Yes, I believe the Starbucks was closed at the time the car was parked there 
    • mystic_bertie
      Eviction Time Again - Twice In 7 Months

      By mystic_bertie · Posted

      hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Nicky Boy
      MET CCTV PCN - 23 min stay - Southgate Park, Stansted Airport (346)

      By Nicky Boy · Posted

      Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • FTMDave
      MET CCTV PCN - 23 min stay - Southgate Park, Stansted Airport (346)

      By FTMDave · Posted

      Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.

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      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.

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      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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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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Posted

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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Posted

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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