Jump to content


  • Tweets

  • Posts

    • They didn't turn up because they knew they would lose so they saved the cost of sending a brief saving them a couple of hundred pounds at least. But still a big relief for you now that it's all over . So congratulations plus you can enjoy your trip that much more. 
    • I will try again...................... Even at my age there is quite clearly a PCN envelope by the windscreen wipers on your car on some of the photos.  But as I said in the IPC letter, that is not the dispute. The dispute is that CPM sent you the second PCN on the 28 th day of the issue date of the first PCN. It should not have been sent until the day AFTER the original PCN was issued. Therefore they broke the Act, they breached the IPC Code of Conduct and their agreement with the DVLA. It is something that the IPC cannot ignore since to do so will bring the ICO down on them and the DVLA should ban CPM from getting data from them once they know if the ICO do nothing. The minimum I expect is that your PCN will be cancelled. But it is up to you. I have given you the details, you have copies of both PCNs sent to you on the sar  with all  the relevant dates. 
    • Apply for an HM Armed Forces Veteran Card   An HM Armed Forces Veteran Card is a way to prove that you served in the UK armed forces. The card can make it quicker and easier to apply for support as a veteran. It’s free to apply. You can currently only apply for a Veteran Card if you have a UK address. Veterans who do not have a UK address will be able to apply later this year. READ MORE HERE: Apply for an HM Armed Forces Veteran Card - GOV.UK WWW.GOV.UK Apply for an armed forces veteran card to prove that you served in the UK armed forces.
    • The Private Parking Code of Parking has been postponed as the poor dears are frightened that thew will all go out of business once it becomes Law. We all wish but nothing could be further from the truth so doubtless most of them will have to change their ways if they don't want to be removed as approved parking companies. Thank you for still retaining and producing the original PCN which, no surprise, fails to comply with the Protection of Freedoms Act 2012 Schedule 4. [It even states the vehicle "breeched" the terms  when it was the driver that allegedly breached the terms}. It fails to specify the Parking Period and whilst it does show the arrival and departure ANPR times on the photographs [that I cannot read] they do not include how long you actually parked nor was it specified on the Notice  [photos don't count]. So that means that you spent even less time parked though it would help had you not blocked out the dates and times, so good if you could please include them on your next  post. Pofa  asks the driver to pay the charge S( [2][b] which your PCN doesn't though they do ask the keeper to pay.and they have missed out theses words in parentheses S9[2][f] ii)  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; All of those errors mean that the cannot transfer the charge from the driver to the keeper. Only the driver is now responsible . What a rubbish Claim Form -doesn't even give the date of the event which it should.  
    • it doesn't matter what you are being charged or if you missed the discount period. you ain't paying anyway..... if this ever gets before a judge. then the ins and out of POFA2012 or any IPC/BPA guidelines might come into play. until then i go get on with your life. you are spending far too much time on a speculative invoice scan scheme  its almost as if you believe these are fines and enforceable in a criminal court and you could have bailiffs at your door any minute.    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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
        • Like
  • Recommended Topics

CapQuest Statutory Demand


subam
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4592 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am not sure that I am up to going to court for a set aside. I am finding the whole thing really confusing and don't think that I would be able to put forward a case. I don't understand all the ins and outs. I get that my cca is an old one 2000 and may be unenforceable, but then again a judge could rule the other way. I certainly don't have the knowledge to argue it out. I don't have a default notice (from the oc or dca) and I understand this not following guidelines - but not sure exactly how this impacts. Also, not sure what happens if the set-aside is granted? it all sound quite horrific whatever way it goes.

Link to post
Share on other sites

  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Subam - got your pm - I've called in the cavalry to help with a letter, hopefully they'll arrive soon :D

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

You are panicking for nothing. CQ haven't issued you with an SD yet. When and if they do, you can go along to court and ask for a set-aside - the clerks help you fill out the forms and are very good. The agreement is unenforceable as a prescribed term is missing and if CQ bought it without prior issue of a default notice then that is repudiation of contract by egg and unlawful recission. I wouldn't pay them a penny if they have no lawful agreement. And no - the neighbours will not know or anyone else. This is Sunday so the site is quiet but you can bump yur thread tomorrow and get advice from posters who have set aside a SD. In the meantime if you google "SD set aside CAG" you'll get posts on site where people have set aside SDs.

Link to post
Share on other sites

Should I SAR egg to determine whether or not the sent a DN? They could have done as I was out of the country at the time and maybe wouldn't have known. CQ have supplied statements from egg and the CA but not a DN. They also sent me a copy of the assignment which said that it was 'prepared by egg in 2009'! A bit late as CQ took it over in 2005.

 

Thanks for your help.:oops:

Link to post
Share on other sites

It wouldn't hurt to subject access but this should go to the original creditor. Believe me we are all terrified at the thought of court, my first one was on behalf of my daughter who was issued with an SD courtesy of 1st Credit, it was not fun because she had a very unsympathetic female judge but on reflection I realised that she was actually trying to help and pointing out that we didn't know enough and second time around, different Judge threw the SD out.

Link to post
Share on other sites

Should I SAR egg to determine whether or not the sent a DN? They could have done as I was out of the country at the time and maybe wouldn't have known. CQ have supplied statements from egg and the CA but not a DN. They also sent me a copy of the assignment which said that it was 'prepared by egg in 2009'! A bit late as CQ took it over in 2005.

 

Thanks for your help.:oops:

 

Well that looks a bit suspicious for a start doesnt it ?

 

I would suggest you send a SAR request to Egg immediately their communication log should give some indication of when a Default notice was sent if at all and also any assignment date.

 

If Capquest took this over in 2005 then it may well be a good idea to invest a further £10.00 and send them a SAR request.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Just preping the SAR to Egg and reading through the assignment letter it says:

 

...'under section 18.2 of your Egg Card conditions we have transferred our rights and your Egg Card account to CapQuest Investments'..

 

My agreement has no 18.2 or any other numbered conditions - right at the bottom of the agreement it says

 

'by signing this agreement you confirm you have read and accept the Egg Card Conditions a copy of which is enclosed'

 

Can't remember having a copy and the SAR to CQ hasn't turned up any.

Edited by subam
bad spelling
Link to post
Share on other sites

Thanks Pinky

 

Yes, I wish I had done that right at the beginning. But I sent the request off to OC yesterday and have written to CQ reminding them that the account is in serious dispute, so I guess I have to wait now.

 

Subam

Link to post
Share on other sites

Hi,

 

I'm in need of help regarding a debt with CapQuest. For the last 2 months I have been receiving letters from CapQuest about a debt that they have purchased from Abbey/Cahoot. So far I have just ignored all the letters as I am no longer living in the UK and they seemed to be fairly empty threats. The most recent letter states that they are preparing a Statutory Demand on or around the 8th May.

 

I'm not sure what to do for the best. As I said I am no longer living in the UK. The letters have been coming to my parents address, also outside the UK but within the EU. The last payment was made to the account probably around the Jan/Feb 2006 so it's not long enough to be Statute Barred. How would I go about getting the demand set aside? Would I have to apply in th UK?

 

I should also point out that I have no property or any real assets apart from my car.

 

Any help or advice would be greatly appreciated.

Link to post
Share on other sites

They seem to be sending a lot of these stat demands out lately. I myself received one a few weeks ago, and like yourself i have no assets or property. Unless they try and serve the demand personally i.e Hand delivered then it is more than likely just an empty threat. I have ignored mine, and as yet i have heard nothing.

Link to post
Share on other sites

Bananawoman, you may want to have a read of the threads in the following forum which deals specifically with situations such as yours where the alleged debtor is now living in a different country.

 

Overseas Debt/Overseas Account issues - The Consumer Forums

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 4 weeks later...

Hi

 

I sent the SAR out to egg on 23 April and have just had a letter back from them saying that they have no 'valid account using the details' I provided. They have sent me back my £10 cheque suggesting I resubmit with details that match. The account number I supplied was the same as their original documents - the only thing that was different as far as I can see is the address which has changed. However, I have a letter - (a copy of the assignment which said that it was 'prepared by egg in 2009'! A bit late as CQ took it over in 2005.) - which was sent to the new address and had the account details on it. I think that they are being deliberately obstructive - they obviously have tied my new address up with the account - unless the letter sent out in 2009 wasn't from Egg but from CQ, which is what I suspected.

Should I resubmit stating my old address. I also thought about reporting this to the oft etc.

Haven't heard from CQ regarding the SD yet.

 

 

 

Link to post
Share on other sites

They seem to be sending a lot of these stat demands out lately. I myself received one a few weeks ago, and like yourself i have no assets or property. Unless they try and serve the demand personally i.e Hand delivered then it is more than likely just an empty threat. I have ignored mine, and as yet i have heard nothing.

 

Just wondering if you've heard anymore about the SD. I just received one last week and not sure if I should ignore it or not.

Link to post
Share on other sites

  • 3 weeks later...

I have not heard anything from CQ about the Statutory Demand, but I'm sure it won't have gone away. However, I resubmitted the SAR to the original creditor - EGG, and they have sent back my £10 cheque yet again saying that they cannot match up the address provided with that on their systems. They say they need documentary evidence of my address, but the address I'm at now is nothing to do with them at all, it is 8 years since I lived at the addess that is on the EGG statements which CQ sent me. With my resubmission I also included a copy of one of EGG's statements with the address on it. CQ don't seem to have any doubt of the address and the account!

 

Does anyone have any ideas what I should do next? It seems that EGG are saying that they don't hold any information about me or the account.

Link to post
Share on other sites

I have not heard anything from CQ about the Statutory Demand, but I'm sure it won't have gone away. However, I resubmitted the SAR to the original creditor - EGG, and they have sent back my £10 cheque yet again saying that they cannot match up the address provided with that on their systems. They say they need documentary evidence of my address, but the address I'm at now is nothing to do with them at all, it is 8 years since I lived at the addess that is on the EGG statements which CQ sent me. With my resubmission I also included a copy of one of EGG's statements with the address on it. CQ don't seem to have any doubt of the address and the account!

 

Does anyone have any ideas what I should do next? It seems that EGG are saying that they don't hold any information about me or the account.

 

So you never advised them of the change of address, the one you are living at now ?

 

As for documentary evidence, I guess you could always send them the SD that CapQuest sent you ? They should be able to provide information based on the address at which you lived at the time you entereded into the agreement with them. If you have an old statement from them, enclose that as well.

 

CapQuest is likely to have changed the account number to a system they use. So it would be no good using that account number.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

That is exactly what I did. I gave them the old address with their own (eggs) account number on. I also included a statement from egg (supplied by capquest when I SARed them). But they still are denying all knowledge. The thing is as well, I have a letter from Egg to my new address telling me that they had passed on the debt to capquest! I always suspected that this letter came from CQ though, rather than EGG because this letter came in 2009 when the debt had been taken over by CQ in 2004. I don't know how to get my info from them. I want to see if they issued a proper default notice etc in case they do issue a SD.

Edited by subam
add info
Link to post
Share on other sites

If Capquest issue a statutory demand, where would that leave me regarding Egg sending out default notices etc given that Egg won't acknowledge having information on me which they obviously have? I don't get why they won't send me the information.

Link to post
Share on other sites

Seriously, don't worry re this 'threat' of a Stat Demand.

 

If they send it, chances are that it will be a second class post wonder which is not how they should be served.

 

On the basis of what you have posted the Set Aside would be very easy and you'd get costs.

 

1st Credit Issued me with an SD, via second class post, and they didn't even turn up to the hearing! I got costs.

 

SD's are a frightener, simple as that. The costs involved for the creditor are at least £1,000 and they lose control of the debt completely - all powers pass to the official receiver, who is, after all, a civil servant that wants to be paid first!

 

And as for the previous post that read:" your car is an asset.." if it's a Bentley, yeah, other than that, it's unlikely that the Official Receiver will compel you to sell it. It's not like a bailiff situation, you have to be left with enough to live a normal life and this includes any home that you own unless there's equity in it that's substantial and you can usually make on offer for that anyway. Bankruptcy is not designed to be a punishment process! If you have no assets, you're laughing even more.

 

It's all bluff with these guys, sleep sound buddy!

Link to post
Share on other sites

If Egg hold no info on you then all you would have to do is deny everything and produce the letter from Egg to prove your case.

 

IMHO I do think it is an empty threat, but if they do action it, you will get it set aside (with your costs) very easily

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...