Jump to content
  • Tweets

  • Posts

    • Thank you all for your replies  I am obviuously over thinking things best to continue to ignore  onlymeagain  
    • As advised statute barred debts are dead...if your alive or dead......so are CCJs that are over  6 years old and have never been executed or secured against property by way of a charging order.......no matter how much your estate is worth.
    • I booked several rooms with FABHOTELS.COM - I have made sure the rooms were cancellable    due to the condition in India regarding Covid becoming very bad I cancelled the rooms and my visit to India and will not be travelling for the foreseeable future, I then checked my account and they have stated there can be no refund back to my card but I have to accept their room credits to the value of £478 valid for 12 months when they will then expire if I do not use them by that date,   I have contacted them on several telephone numbers and via email, they have refused to issue a refund : stating it is their policy to issue only rooms credits and these will expire in 12 months, they have advised they have the right to do this under the contract and under Indian law,   I have raised a SEC 75 claim, via the credit card company however they have not advised what the above means and stated it will take 11 weeks for a response,   I am concerned that a refund has been provided and the cancellation has been approved as such as a refundable cancellation, albeit they have stated no refund to the credit card can be made. I have sent the following to them and their response has been - we are unable to assist further - I have now concern how they can do this when the law does not allow this to be possible? The issue that I have experienced was:   Disgraceful behaviour by Fab hotels in holding cancelled bookings in an expiring account when cancelled fully - NO REFUND ISSUED? Please can you refund the full amount to my credit card as due to the Covid restrictions there is no guarantee I will be in India in next twenty four months I await your refund back to my with the Credit card Company as I am not able to use the Credits expiring in 12 Months, I have been in touch with the credit card Company and they have confirmed they will be looking to FabHotels to refund back to the Original card as part of the Sec 75 Laws where a cancellation has been made and the payment has to be refunded back to the Original payment card. I have not been able to confirm I will be using the credits and therefore in order to safeguard my funds these needs to be back into my, If this is not accepted then I reserve the right to take the matter further for a investigation and chargeback as I have not authorised the payment and the reservations have been cancelled. Please can this be escalated to a senior manager and a refund issued back to the Visa card. If this is the Customer experience I have to endure then I will make it quite clear that this i not acceptable that you take money and put it into a expiring account and then ask me to contact you to get the extension,   this is not customer service, I am deeply distressed by your action as there are no other Booking agents who are doing this to their customers, especially considering the hotels have been accepted as cancelled and a refund issued but held in expiring account.
    • That's logical and correct DX,  and how I understood it to work if they can't pursue the debtor  for the debt whilst they are alive, it can't be resurrected and charged against the estate or demanded personally from executors who knew diddly about that SB debt..
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
kathleenbilly

Capquest have supplied CCA eventually any opinions.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3440 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello and thanks for looking in,

 

I will keep this brief and give the facts to date and hopefully you may be-able to help.

 

This account will be statue barred in March next year official (last acknowledged payment)

 

The CCA send was Capquests only known last acknowledgement details they have of this debt this has passed last week. so gone 6 years maybe i could send the limitations act letter again which may force them to prove proof and details of last known payment possible as i don't think they have this?

 

They have only sent the CCA after my request, no statement of account, payment history or more importantly for them last known payment. No deed of Assignment either.

 

Given info above what do you think would be best to request from them first?

 

1) Deed of Assignment?

 

2) statement of account?

 

3) Or just send them another limitations act letter?

Share this post


Link to post
Share on other sites

You won't get a 'Deed of assignment' from them as it isn't relevant to your situation, a Notice of assignment is what should have been issued to you, and if you've not been given that, or statement of account, which they have to send by law at least annually! Then a simple I do not acknowledge letter should suffice, what was in the CCA request? Scan & Post it up, the alleged debt is either past the limitation act or it isn't, when was the last payment on this?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Thanks for looking,

 

The CCA request i sent them to be fair only asked for the CCA under the Consumer Credit Act (Section 77-79)

 

In answer to your question this will be statue barred guaranteed in three months time last payment 100%.

 

I send them a limitation act letter when this all started many months ago and they replied saying it was not statue barred and was only able to give the date of the CCA as a reason for it not being so (this date has now passed 6 years). I know the last payment date but don't think they have that information.

 

There was only three payments ever made on this debt from when it was taken out ie: the original CCA date if that helps. I don't want to give too much info just in case they are looking in :|

Share this post


Link to post
Share on other sites

A CCA request DOES NOT restart the limitation period, imbeciles!

So if there has been a clear period of 6 years (5 in Scotland) where you have not paid anything toward this alleged debt OR, admitted IN WRITING that you owe this, then it is statute barred, end of, and you can send them the SB letter.

Asking for the CCA, does not admit that you owe this they are merely clutching at straws.

They always look in, this is where they learn that the consumer knows more about their rights than these idiotic unqualified and uneducated fools who like to think they are one rung above the rest of us, I'm happy to bring it to their attention that, we, the consumer, know far more about them and the industry they have foolishly chosen to follow, than they do, collectively, about any of us and consumer law...


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

I fully understand that a request for a CCA makes no difference to the 6 years etc.

 

Let me recap this debt will be completely statue barred 100% in a matter of three months regardless of what they do or supply period end of.

 

As it stands if they are able to provide a copy of statement of account they will see the last known payment being a few months on so giving them more time to pursue this. If they only have the date of the CCA, then yes it is now statue barred. I don't think they have the statement of account but i cn't be sure at this stage until maybe i request it?

 

Back to my original question what letter should i now sent them?

Share this post


Link to post
Share on other sites

How many times to you have to be told regarding this subject.

Why do you want to rock the boat and make them aware that a debt will be SB in 3 months,

Why do you insist on posting on this every couple of months,asking the same questions, just leave it alone until it is actually SB

It is threads like this that have stopped me posting for a couple of months, I open the site up again and three threads down there you are again. If you ain't gloating of how you and your friends have ripped off people for thousands of pounds that you have no intention of paying, you are asking stupid questions,

This will probably be botted but it is your kind that should be banned.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

Share this post


Link to post
Share on other sites

I've had enough too. I will never post on this forum again.

Share this post


Link to post
Share on other sites
I've had enough too. I will never post on this forum again.

Ooh! Toys & prams!

Advice given is for advice and assistance NOT debt avoidance! You are the reason why this industry is so bent and corrupt as it is!

Do you require any constructive answers??


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Back again KB. What a surprise!

 

I think I've worked this one out. Despite your claims about your "previous record" on dealing with DCA's you seem to be asking some pretty stupid questions.

 

You want Capquest to take your 'friend' to court.

 

Hence you keep posting the same old thing and despite "I don't want to give too much info just in case they are looking in :|" you're hoping to bring it to Capquest's attention.

Share this post


Link to post
Share on other sites

Hi Kathleenbilly, its March 2011 and this account is now Statue Barred.

 

Did your "friend" manage to avoid this one going to court? :wink::wink:

Share this post


Link to post
Share on other sites
Hi Kathleenbilly, its March 2011 and this account is now Statue Barred.

 

Did your "friend" manage to avoid this one going to court? :wink::wink:

 

 

Don't hold your breath waiting for an answer Blondie!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...