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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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Another capquest SD to add to the pile!


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Hi all,

 

I had a cc with Skycard (See http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180584-skycard-cca-valid.html )

This was "sold" to capquest in early 2010.

When i received my first letter from capquest i sent them the usual CCA request etc.

I heard nothing until i got a letter on saturday stating:

On 26 may 2010 a SD for bankruptcy was sent to you which we have not received a positive contact from.

I received no such letter.

They then go on to say that their field agents Resolvecall will attend my address to serve the SD. Blah blah blah.

 

I sent them another letter stating no cca has been forthcoming etc.

 

My question is what do i do next?

If resolvepooh do attend what should be my action? accept the demand etc?

 

Thanks,

 

BTK

Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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How many of these SDs have been reported to OFT/Trading Standards? Crapquest are sending them out like confetti

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Hi,

 

The amount was initially £750 but due to charges etc it has risen to £1183.10. Not sure if that makes any difference??

I see that alot of people are receing similar letters in the post. Is it worth reporting to OFT etc or see what hand they play next?

Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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Definitely let TS/OFT know about it. Abuse of process. Using Insolvency procedures to collect debts is NOT allowed

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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You need to get the SD set aside on the basis that the SD was not served on you. They can send the letter by standard post, but by doing so, would have no proof of posting.

 

If you get it set aside, then unlikely they will go back again.

 

Have a read of the following.

 

Legal Issues Explained - Statutory Demand

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Thanks Guy's will get onto it today.

 

These crooks, why are they getting away with it!

Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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Thanks Guy's will get onto it today.

 

These crooks, why are they getting away with it!

 

They get away with it because 1. Not enough people complain 2. OFT does nothing enforcement wise

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Just an update.

 

I sent our friends at Capquest basically outlining that neither themselves or the OC had furnished me with an agreement and to go away.

I received a letter this morning saying the account was on hold for 28 days while they obtain the information required. They also go on to ask if i had any proof or paperwork that may help them would i be kind enough to forward it to them!

Ofcourse Mr Capquest i will send it right away!:p

 

If they have supposedly served a SD are they now able to double back and place on hold as though a SD was never mentioned?

 

BTK

Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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