Jump to content


  • Tweets

  • Posts

    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
  • 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 have issued statutory demand - Advice please **Set Aside**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4611 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

  • Replies 361
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Mozz1

 

This thread tells you everything you need to know

 

the set aside stops the action dead no more

 

then you charge crapquest with expenses they have to pay you

 

win win if you get it

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

Link to post
Share on other sites

Got this on www.badbiz.co.uk about crappyquest

 

"Heres a new story from Vodafone and Capquest Debt Recovery

Court Proceedings now Issued against them

Amongst this companies tactics are the use of National Call Cost Phone numbers the cost per minute is note stated on their website. This is a Trading Standards Issue and is in breach of new legislation.

What I have found is that Capquest Debt Recovery do not like you calling them not unless you’re going to make a payment. Hey sorry guys I never call these people to pay them I call them to deal with there activities that can.

Dont Call them on there 0871 Phone numbers there real numbers are

02084958600

01252576438

Ask to speak to one of there directors who are

MICHAEL DANIELS

THOMAS JAMES MUSGRAVE

KATHRYN ANN COX

PAUL MCQUILKIN

MARK ANDREW BRUNAULT

JOSEPH ARTHUR DLUTOWSKI

It seems they used to be called

ENIGMA CREATIVE CONSULTANTS LIMITED

They changed that name in 1999 to

FINANCIAL TRACE AND COLLECTIONS LIMITED

and again to

CAPQUEST DEBT RECOVERY LIMITED

in 2005

Ownership of the company is held in the Bahamas by

BLUE OCEAN HOLDINGS LTD"

 

Bahamas. Says it all really. Figure that's where Barry Davis must be hiding out.

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

Its interesting Shedder that one of CrappyQuest's solicitors, HL Legal advertise themselves in the following way Legal Recovery | Corporate | HL Legal

 

"Claims are issued electronically through the county court bulk centre allowing you to take advantage of:

a) Reduced court fees

b) Issue and service of claims within 48 hours

c) Automatic entry of judgment

 

HL offers a wide range of enforcement procedures including insolvency."

 

On that basis I would say that any debtor that sticks around long enough and fights them and makes it EXPENSIVE for Crappy will stand a better chance. t is clear that these lawyers have a streamlined cost effective case management system and anything you/we can do to get them doing more unusual work will help. So yeah, go for your STAY and make CapQuest PAY.

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

so if i win the set aside and then its sold on should i get another DCA i should just send them a letter stating the set aside ?

no chances are it wont be..but if anyone else ever tries to stat demand it again they cant

Link to post
Share on other sites

Can some one give me a definite reference to a prohibition on a second SD.

I have had 2 from the same co on the same debt and had them both set aside with costs in my favour.

I have looked in the Insolvency Act and cannot see anything stopping continued action, does it come under res Judicia ?

Any comments welcome because I am sure they will come back for a 3rd pop at me.

 

Martin g

Link to post
Share on other sites

i be honest post i havent checked my credit file for several years,

 

i went through a hard time in 2000 and it got worse in 2002 when i stopped paying credit cards and the like.

 

since then i have never applied for credit and dont want it, i dont want to get in the same mess again, so i havent bothered to look at my credit file.

 

all i have on credit is my phone and a few clothes from jackamo

 

is it worth using try free for 30 days online credit check sites

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

Link to post
Share on other sites

I have no expert knowledge on statutory demands.

 

Thinking about it it occurs to me there is no logical reason why a demand that has been set aside could not be issued again at a later date. Perhaps the circumstances that allowed a set- aside have changed and a subsequent SD might, in the new circumstances, be allowed.

 

For example an SD might be set aside because the amount of the debt is below £750 (the current level below which you cannot make someone bankrupt), so an SD would fail. If the debt subsequently went up beyond the £750 in theory another SD could be issued thqat would not fail on this point.

 

It is certainly worth knowing for sure and I would be very interested and pleased to see the legal eagles on here explaining why an SD once set aside, stays that way.

Link to post
Share on other sites

just done my credit file check and there is nothing at all from crapquest

 

however i see 4 unrecorded enquires from our friends Lowell Financial

 

27/4/10

23/12/09

21/10/09

04/08/09

 

dont know what they are any ideas ?

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

Link to post
Share on other sites

they cant re-issue an sd once the sd has been set asside

 

its an abuse of court process and

 

RES JUDICATA—a matter already settled in court and cannot be raised again.-

 

they have only one bite at the cherry

 

same as a ccj application which comes under part 38 discontinuance

Link to post
Share on other sites

just done my credit file check and there is nothing at all from capquest

 

however i see 4 unrecorded enquires from our friends Lowell Financial

 

27/4/10

23/12/09

21/10/09

04/08/09

 

dont know what they are any ideas ?

 

Oddly enough Shedder I had recourse to 'fone Experian today and asked them the same question. Turns out Camelot have been enquiring! I have bugger all idea why, save that I had a direct debit with the buggers once and haven't used it for like 3 years. Anyways, Experian said that unrecorded enquiries do not show up on a full credit check. They are a "soft footprint" and no record of them appears to outside agencies.

 

Yes, I have complained to Camelot and I always buy my tickets on-line! Might think again about doing that...

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

Thanks Mozz

 

less of a worry then

 

I have since been advised by Camelot's complaints people that the unrecorded searches of the CRAs are used as "E-identity checks" and are not credit checks and therefore have nothing to do with your financial records, nor will they affect your credit rating.

 

Therefore, it does look like Lowell Financial have been 'Googling' you and are checking up on your identity, contact details, address etc. They have probably also been snooping at Land Registry on-line to see who owns your home. They are trying to figure out if u r worth pursuing in bankruptcy proceedings.

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

they will have a job on

 

all my debt is statute barred now by 3 years and they know it

 

and after reading this forum i will be letting them know it if they get in touch again

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

Link to post
Share on other sites

Then I suggest you write a suitably worded risposte to these low lifes and tell them to stop making unrecorded entries on your credit file o/w you will report them to the OFT etc.

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

Hi, I'm new to this. I hope some one can advise me on the following. I've recieved a Statutory Demand from capquest dated the 1st of July 2010. It is signed by Barry Davies albeit a photo copied signature. I've read a few of the posts here and they all seem quite helpful. But i'm confused as to what i should do first off and time limits. Any advice would be much appreciated.:???:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...