Jump to content


  • Tweets

  • Posts

    • Bank the cheque.  No doubt it will bounce - but you never know. When it bounces - that is when you are meant to access their website link and enter your personal details - but of course - DON'T.
    • Wayne Ting, chief executive of e-scooter firm Lime, says there's room for improvement. View the full article
    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
  • Our picks

Please note that this topic has not had any new posts for the last 3420 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

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.

Link to post
Share on other sites

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... 

Link to post
Share on other sites
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.

Link to post
Share on other sites

Have you requested a statement of account from them ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites
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.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...