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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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Capquest- Statutory Demand - Aqua


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Making my own thread on this subject.

 

Received over the weekend and SD signed by Barry Davies. £1300 Aqua credit card from around 3 years ago.

 

Now taking the steps to set aside, it's a little confusing so taking my morning to digest the tons of information here on the forums!

 

Any additional advice will be welcome 8)

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'Phone and ask for the mysterious Barry Davies on three separate occasions, give your name to whoever answers but no other details. Keep a log of the date and time.

 

 

 

I'm not aware of anyone getting through to him.

 

Have a read of; http://www.consumeractiongroup.co.uk/forum/entry.php?282-Debt-Collection-Agencies-amp-Statutory-Demands-A-Few-Strategies

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The letter is dated 28th March, I only got it on Saturday 2nd April. There is no date stamp on the envelope. So that has cut short my 18 days already!!

I don't own a house, car, nor have any savings.

I don't understand them bankrupting me would be any benefit to them. It would be for me as I could start a clean sheet.

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I don't understand them bankrupting me would be any benefit to them. It would be for me as I could start a clean sheet.
99.9% of these SDs, particularly from good old Barry are hot air, they are trying to intimidate people into paying. The problem is it's an abuse of process and they have been warned about it in the past but they still continue.
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It all seems really Scary to deal with the courts. I think my time is too short to do anything auto it now.

 

I do want to pay my debts, but not to some team of cowboys who have only bought it for a fraction of the cost! I'm tempted to go down a DMP, but again the debt managers are just as unregulated!

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Called them again today, they said if I can pay it in 6 months no action will be taken. Something mad like £300 a month.

 

Still no Barry Davies today.

 

Am I right in saying if I write to them with a monthly repayment offer, they have to accept it? I'm thinking of paying it off within 3 years. On a 5 year plan to repair my credit.

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Isn't that sd incorrectly served if it is only delivered in the normal mail, i thought it had to be personally served, as the threatened to do to me after i ignored an sd from them. Still waiting for one to be served correctly on my stat barred alleged debt.

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'Phone and ask for the mysterious Barry Davies on three separate occasions, give your name to whoever answers but no other details. Keep a log of the date and time.

 

 

 

I'm not aware of anyone getting through to him.

 

 

i had been advised teh same, done it...and surprise surprise, never got through to him :)

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  • 1 month later...
  • 3 months later...

All V helpful info as ever :)

 

Rec'd SD from Mr Davies this morning regarding an old and long-disputed Abbey account. Abbey tried CCJ before but Judge struck out for non-attendance. CCA and DPA requests both ignored by CrapQuest too, and alleged debt now statute barred also!

 

Anyway, feeling unusually generous I tried to call Mt Davies this morning to point out the error of his ways and give him a chance to withdraw his unlawful threats etc. Apparently the number on the letter is wrong - have to call the Fleet office on 0844 248 7981. Having done so was initially told he isn't a call centre operative, then he was mysteriously out of the office. Been promised a call back though - on an 0872 number with call recording of course - I even offered to delay my own legal action by 24 hours to give him a chance to get in touch.

 

Will have a stab at the set aside process now!

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  • 1 month later...

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.c o.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set asidelink3.gif and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collectionlink3.gif tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF00 04F6EA

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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