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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
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Capquest Statutory Demand re:MBNA debt *** WON + COSTS ***


ohitsonlyme
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I have recieved a stat demand from crap quest and wasnt going to post as I had read lots of the similar threads and mine seems to be fairly straight forward,

 

However not posting doesnt help others understand the process nor does it notify just how many of these postal SD are around.

 

Mine is an old MBNA (1996) account numbers are all wrong and the only "agreement" available is a pre application document with poor copies no reference to T&C from page 1 to 2 and very much unenforceable (IMO)

this was put in dispute with MBNA 2009 and should not have been sold on

 

I have applied for set aside on grounds I do not owe them any money I do not have nor never had an account number as listed on stat demand, crap quest were notified of dispute and have ignored 7 letters, I have tried to call barry davies 3 times and the method of service was postal and simply an attempt to intimidate me to paying

 

 

I will apply for costs and ask for any help or guidance as we go along

It seems fairly straight forward to me but I want to help others not be taken for a ride and stop CQ from bullying tactics

 

onlyme

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Thanks for posting. On 26th Apr I received a letter from CQ saying they were preparing a stat demand which would be ready 4th May. Since then all I've received is a letter from them asking for details of my dispute, I've already sent them and Barclaycard the details. Please keep us informed as to how it is going.

 

Debbiexxx

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  • 2 weeks later...

Hi,

Can you pop over to this thread and give your inout please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

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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  • 1 month later...

I have applied to set aside a stat demand that was served by post and in response to my witness statement crapquest quote insolvency rules 1986 6.3(2) and 6.11(4) as being a good method of service (Amongst other silly things too)

 

Having read the insolvency rules 1999 I understand it that it is bad service to serve by post unless with the permission of the court and after them following various procedures to effect personal serving of the SD

 

I quote This Practice Direction shall come into effect on 26th April 1999 and shall replace all previous Practice Notes and Practice Directions relating to insolvency proceedings.

 

 

Am I missing something

 

Do the old rules still apply??

 

I have no fears at all of going to court as i have them on various grounds I wanted to fully understand this point

 

Can anyone help??

 

I really want to give them a bloody nose

 

Onlyme (again)

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Went to court today they didnt turn up!!!

 

Kerching!!!! Judge set aside the stat demand and awarded £300 for my time

 

Judge was very good and caused me no issues what so ever.

Didnt allow all my costs but the system does work!!

 

 

 

What is my next step to make sure I get paid by them and that they dont try to set it against my un-enforcable agreement

 

Only me

Edited by ohitsonlyme
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Hi, well done, they cannot set off anything from a court order,

did the judge make an order as to when this must be paid

by them?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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I was too euphoric to ask about when they were to pay by

 

I did ask about the method of enforcement that they use and the Judge wasnt bothered at all about them using insolvency procedures for debt collection without grounds or chance of winning in a trial

 

His body language did indicate to me that he was aware of Crapquest and their antics but he really didnt want to get involved with the fight

 

 

Only me

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Well done.....can I please, please urge you to report this to the Office Of Fair Trading too. As it is only a matter of time before they have to stop doing this, but only if victims of this unscrupulous method complain...

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Well done.....can I please, please urge you to report this to the Office Of Fair Trading too. As it is only a matter of time before they have to stop doing this, but only if victims of this unscrupulous method complain...

 

Happy to help

Is there a template any where that will bring home all of the relevant points such as the link financial telling off

 

What do crapquest usually do after getting a set back in a case like mine??

I want to prepare for their next little trick

 

Onlyme

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You should send a letter to the OFT with a copy of the stat demand they sent, explain that you won the case in court when they neither appeared in court, or offered any defence....it is complete contravention of the requirements imposition put on another debt collection agency here - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

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  • 3 months 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.co.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...1D83BF0004F6EA

 

I will be sending this post to every Cagger I have on my list so you may receive it again.

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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