Jump to content


  • Tweets

  • Posts

    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
  • 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 got CCJ on SB'ed debt - set aside, now after compensation for damage to me via CRA file


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4245 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

Hello everyone.

 

heres my problem.

 

i went after a new double bed last month and got turned down.....

 

i went home and got a credit report done of myself to which it come up saying i had a CCJ from northampton CCBC (bulk centre lol) with an amount of £388 pound. so I phoned them right up and they said its capquest and here is the account number. phoned up capquest and they said that i now osed them £588 how can i owe them £588 when the ccj is at £388..

 

can anyone help me on this matter as this account i know they have not got any of the paperwork for as i have asked them for it with no reply from them in a month.

 

many thanks in advance

Link to post
Share on other sites

Guest Cartaphilus

Oh, Carpquest, again.

amount of £388 pound.

 

To what, whom? Credit card, loan? Bank account?

 

phoned up capquest and they said that i now osed them £588 how can i owe them £588 when the ccj is at £388..

 

Others with more knowledge will be along but for now ... don't waste any more time on the phone with Carpquest.

Link to post
Share on other sites

yes they phone me at least 3 times in morning then again at 4pm every day but they had abtained my phone number illegal means i suspect as its on my partners name as its her second contract phone number.

Link to post
Share on other sites

Guest Cartaphilus

Well, for now, you are going to get this asked anyway in order to give you more help with this: who was the creditor, what kind of debt is this?

Link to post
Share on other sites

Guest Cartaphilus
Its FOR a capitalone credit card that defaulted back on 08/04/2002 and CCJ judgement passed in october 2008 according to info i got out of capitalone and ccj info on my credit history
Thank you. The more information the better. Right, so that just leaves this CCJ thing and everything else to deal with. I can't help with that but sure someone else here will be able to.

 

Crossed posts.

Link to post
Share on other sites

they used an address for me which i have not legally lived at since 2004. which my father lived at the address up till jan 2008. i was homeless for over 18 months stopping others addresses. till july 2008 and upto aug/2009 now since moved to where i am now.

Link to post
Share on other sites

FOR A START

 

SEND THIS BY RECORDED DELIVERY

WHEN WAS THE LAST TIME PAYMENT WAS MADE

 

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

Link to post
Share on other sites

a bit more information is that the credit limit was only £200 lol and people tell me not to pay more then the £200 but i wont pay anything if I dont need too. but they can forget the £588 they say i owe.

Link to post
Share on other sites

Guest Cartaphilus
a bit more information is that the credit limit was only £200 lol and people tell me not to pay more then the £200 but i wont pay anything if I dont need too. but they can forget the £588 they say i owe.
Ah, I see, you went over your limit, that's how this has all come about or made no more payment to the card eg regular monthly ones, which might explain the £388 figure (?). Doesn't really matter TBH but it would explain things a little better.

 

To be honest i have not paid them a penny not even when they had phoned me over and over again for one whole monday afternoon a few weeks ago.
Well, send them the letter as provided by postg ... Don't sign it BTW, send recorded delivery. Is it also possible - your partner's mobile? - to get the number blocked on the handset, just for an immediate solution as it's disturbing you a lot in the morning? Edited by Cartaphilus
Link to post
Share on other sites

You should read this; National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court because you never received the court papers you should apply for a set-aside. Depending on your circumstances the fee may be waived.

 

They will not be able to reapply because the debt was/is Statute Barred.

Link to post
Share on other sites

the website you forwarded me to and i did speak to there support line are ok but may have to go to solicitors to deal with this matter by what they said as they will have access to records that capitalone will not send to me.

Link to post
Share on other sites

  • 2 years later...

hello all

 

my story is as follows;

 

Capquest DCA obtained a CCJ against me in october 2008 to which i had no knowing of untill i decided to get credit.

 

since then i have had many arguements regarding the CCJ and have told them many of times that it was statue barred at time of them submitting it 2008 till 2011, year has passed since i last spoke to them on the phone as they had phoned over and over again to which i got the police involved and was allowed to change my number free of charge because of nusance phone calls from them as they known i worked nights (loved to phone me at 9:15am every morning).

 

this month i decided to write to them regarding the CCJ and i got a set asside letter as they had recieved my letter containing the original default letter i recieved from the company i had the debt with.

 

along with this i got a letter from the solicitors they als deal with asking me to sign the set asside letter to which i have signed and sent back to them, i have recieved the signed copy from them and a letter saying they have submitted it to the County courts.

 

now i am wondering if i can sue them for damages to my credit and also for anything else as they had obtained a CCJ knowing that the debt was statue barred at the time they submitted it to the Courts.

 

according to the letter i have recieved they have stated that the account is indeed statue barred at time of going to county court.

 

please if anyone could help me as i am at my witts end with this company as i would love it if i am able to small claims them / go to a solicitor and have them pay for all the hours of arguing with them telling them it was statue barred?

 

regards

 

Justin.:-x

Link to post
Share on other sites

i am currently writing a follow up letter asking for them to make me an offer for damages at the moment but not sure if its going to be right to send them a letter asking for them to do an investigation into this matter and demand costs for the damage/ Problems they have caused to me and my life with having illegally obtaining a CCJ against me.

 

just wondering what amount can be agreed as normal considering it was not a Legal CCJ.

 

dont think £5000 would do it. 7.5K id settle with. but i would be happy if they would ask me lol.

 

:)

Link to post
Share on other sites

Thread moved to the Legal forum

 

Did you have any communication before the CCJ was issued? Did you ever have the opportunity to advise Capquest that the debt was SB?

 

Not sure that you can go for compensation TBH. I think a creditor can seek Judgment on a debt - the problem - and therefore a cause for compensation - for them would only be in pursuing it after a debtor has stated that the debt is SB. Even if they knew or believed the debt to be SB it is not unlawful to issue a claim unless the debtor has asserted the debt as being subject to the Statute of Limitations.

 

Begs the question as to why you knew nothing until the CCJ - moved house maybe - but beyond the set aside I don't believe you have a case simply on the basis that they issued a claim.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

I had told them after i found out about the CCJ, that the account was statue barred at the time it was filled to the county Court.

 

I have had them phoning me regarding the Amount Outstanding to which i replied it was statue barred. they replied that makes no difference to them. i still owed them the money.

 

As to them getting the CCJ they must have had the same paperwork i have. applying for a ccj knowing that the account was statue barred at time is illegal.

 

thanks for posting in right section on your site.

 

regards

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...