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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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dasher60

Capquest issued SD even though I'm paying them

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Hello all

 

Been a while since I've posted, however I would appreciate some advice. I had a credit card with Marbles, and when times got hard, I went into a payment arrangement with them. They subsequently sold the debt to Capquest, and after a while Capquest wrote to me with a 'limited time offer' to restart the payments at the (low) level I was doing with Marbles. They also offered to put a percentage in for every payment I made. When I phoned up to take up the offer, I was told that the offer had expired 10 days previously (3 days after their letter was dated) despite their letter giving a different date, and I phoned before the date stated in the letter. They asked me to send in I&E details before they would consider an arrangement (despite their original letter not requiring this), and then wrote to me accepting my £12 per month payment offer. I've paid this each month since September 09 (when the arrangement started), but was a couple of days late last month - didn't have the money, quite simply. Now Capquest has issued a Stat. Demand on the basis that 'I have failed to respond positively to their previous correspondence'. Surely the fact that I have provided them with I&E details and they have written back confirming the arrangement is 'responding positively'???? I'm going to apply to have the demand set aside as I'm convinced it's just the usual scare tactics to pressurise me to pay more money and it's an abuse of process - they could have taken me to Court to get a CCJ, but the judge would probably agree a low payment. What do you think????:Cry:

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I think you should stop talking to these cretins on the phone, get the sd set aside and send them a cca request by return.

 

also there is no requirement for you to supply these creaturse any I&E information, frankly it is none of their business


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Do you own your own property or have any realisable assets?


I reside in Dawlish Warren but am not a rabbit.

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Own the house jointly with my OH - but if we were forced to sell, the arrears and early termination charges on the mortgage will wipe out any supposed 'profit', so they would get precisely nothing!!

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They probably won't realise that when/if pursuing the debt via the stat demand.

 

I am not sure on the methods of CapQuest but there others here that do but I hold with your opinion that it is their own way of attempting to scare you.

 

Was the demand served on your personally? or sent recorded? It makes a difference as to it's validity or whether it was a threat?


I reside in Dawlish Warren but am not a rabbit.

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See here

Legal Issues Explained - Statutory Demand

 

Particularly this part

Please note that a statutory demand in 90% of instances is 'bluffing technique'


I reside in Dawlish Warren but am not a rabbit.

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It was sent by 1st class post - not recorded.:roll:

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Therefore I think you have you answer ...it's a bluff, nothing more.

 

Quit speaking to them on the phone, it's not doing you any good and if I were you and assuming you have acknowledged you owe the money is to continue to make payments to them at the same level as you have been and ignore any attempt by them to try and get you to up your payments etc. You cannot pay what you cannot afford.


I reside in Dawlish Warren but am not a rabbit.

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Thanks Deb, that's what I thought. I'm sure this has all come about because I was a couple of days late with November's payment - but I still paid it, and have just paid December's. I'm going to apply for set aside on the basis that I am paying the debt at an agreed rate (a rate suggested by them, in fact) and they haven't notified me in writing that the arrangement has been terminated. Thanks for your help

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Got to say that seems very harsh that they’ve taken such action after missing 1 payment that was a few days late. I think 1st credit got slapped hands recently for issuing stat demands like confetti, maybe capquest will get the same if adopting such action.

 

Its very important that you action the stat demand within the timescale and just get it set aside.

 

Pathetic capquest.

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That's what I thought. I've got a copy of the CSA's guidelines - Capquest are members, and from what I can see they've breached a few of the guidelines by their actions in issuing the SD - without even considering what OFT guidelines they've breached!!

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I'm not sure you'll have to do anything but a more learned cagger will most likely give the sp on what if anything you should do but for me given that it was not sent recorded it is in my opinion of no legal validity but instead is designed to scare.

 

One thing I would be doing is making a complaint to the OFT under their Debt Collction Guidance

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

At the same time as this and giving Capquest some work to do is send them either CCA request of if they have sent you an assignment notice where title in full has been passed to them (as in they own your debt and not just collecting it on behalf of the OC) to see if you actually owe them the money.. or and if you're sure they actually own the debt (and not just by them telling you that they do) send them a SARS request and see exactly what documentation they have on you and which should contain reference to any assignments of the debt etc.

 

CCA (consumer credit agreement) request costs a £1 send recorded, don't sign with your usual signature or simply print your name and send it as a postal order.

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

or If it's Sars request (Subject Access Request) it's the same rap as above except it costs £10

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Just because Capquest say they own it doesn't mean they do, just because they send you a stat demand it doesn't mean that it's legal o they intend to pursue etc.

 

Put them filthy oiks to work and see just how strong their hand is.


I reside in Dawlish Warren but am not a rabbit.

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if you phone the threat monkey named on the SD and they refuse to take the call or you are not put through then that is a vlaid reason to get it set aside.

 

it i sprobably some nerd in the threat centre after his xmas bonus that thinks by issuing this you will cough up more.

 

report them to the oft for issuing a stat demand for no reason whatsoever


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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The stat demand, regardless of its validity, must be actioned accordingly as this will go before a judge.

 

I was served with one last year, by post, and that was the advice I received at the time.

 

I eventually had to go before the judge, which is why I’m saying action the demand, he threw out the case because the other side didn’t put up a defence and basically just wasted the courts time. You can claim costs from capquest should this get that far.

 

Hope that helps.

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Dasher, I've got the same problem with Crapquest. I've been paying the amount they asked for for 3 years, have constantly been bombarded with threatograms saying I'm ignoring them/not paying. I sent a formal complaint which they totally ignored. Last week they issued me with an SD too. I can't put hat I really think of them on here, but suffice to say I really don't like them and hope that all of the Crapquest people have a much worse Christmas than the one I will be having...which thanks to them won't be a happy one.

 

Good luck with your set aside Dasher.

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Dasher, have you heard any more on this...you MUST report this action by them to the Office Of Fair Trading....

 

It might even be worth writing to Gareth Thomas - MP HArrow and also Undersecretary Of State For Trade And Consumer Affairs, he also pulls some strings with the OFT...this is what he wrote back in 2009

 

QUOTE "Debt collectors who issue stat demands without giving debtors reasonable opportunities to agree a repayment schedule are likely to be in breach of the OFT's debt collection guidance. This guidance outlines the type of business practice that the OFT consider unfair and therefore incompatible with fitness to hold a consumer credit licence.

 

In addition to this, the government has recently strengthened the OFT regime to give them greater powers to investigate and take action against unscrupulous or incompetent firms. The OFT will be targetting its monitoring and scrutiny activities on debt collectors.

 

If you wish to comment on a company's non-compliance with the OFT's guidance, you can do so by going to the OFT website and downloading a complaints form, which has been established so that debtors and their representatives can provide them with the information they need in order to investigate complaints quickly and effectively. The form can be found at: The Office of Fair Trading: Debt collection practices "


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