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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
    • It follows a public backlash after stores were told they could not sell items such as clothes. View the full article
    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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In April I received (by post) a Statutory Demand from Capquest in relation to an old credit card debt.

 

I applied to have this Stat Demand set aside within the prescribed timescale and have a hearing scheduled imminently.

 

After receiving the Stat Demand I requested from CapQuest a copy of the CCA and statement of account, (neither has been forthcoming) and once their permitted 12+2 days had elapsed I notified them in writing that the account was in dispute.

 

I didn’t hear any more from them until a couple of weeks ago, when they sent their own witness statement attempting to refute each and every one of my grounds for set aside. It does rather give the impression they believe they can succeed on this. Further to this, I have received another letter encouraging me to call them and discuss the matter.

 

So my first question really is whether this gives any kind of clue as to whether they actually intend to attend court and see this through, or whether it is just a final throw of the dice to get some kind of payment from me? Not sure how relevant distance is but I’m not exactly local to their office Hampshire, it would certainly be a full day out for them.

 

Another dilemma I have is that I believe the debt may be Statute Barred but cannot be totally certain without seeing my statement of account. My feeling is that the six years has now passed but there is a slight possibility that we’re not quite there.

 

How can I present this aspect to the judge if I haven’t received the information? Presumably they will only be interested in definite facts but would the onus be on me to prove it’s Statue Barred or on CapQuest to prove it isn’t?

 

My worst fear now is that CapQuest turn up at court, bringing with them a statement that shows it’s not Statute Barred. I wouldn’t have a great deal of confidence in myself to successfully argue the finer points of Insolvency Law, therefore what I previously thought were fairly solid grounds to have the Set Aside granted might not actually be..

 

Would really appreciate some help please.

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type in capquest in our advance search top right and do some reading

 

they poke these out like confetti

 

also check your cra file

if it does not show there it def sb'ed which is an absolute defense

 

dx

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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type in capquest in our advance search top right and do some reading

 

they poke these out like confetti

 

I've done plenty of reading over the last few months and wasn't particularly worried until a couple of weeks ago. When it's your own case and the date is getting nearer it's hard not to feel anxious though.I guess you're saying there's no chance of them turning up and to stop worrying? Surely occasionally they do actually follow these through?

 

also check your cra file

if it does not show there it def sb'ed which is an absolute defense

 

The default still shows on my CRA file as it was issued some time after the last payment was made. It's the date of this payment I need to ascertain so, in the absence of a statement, I'm not really sure how to present this to the judge.

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Have you requested a statement of account from them ?

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Have you requested a statement of account from them ?

 

Yes. Did this 3 months ago, along with CCA request.Nothing forthcoming yet, although their witness statement claims they have been requested from the orginal creditor.

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