Jump to content


  • Tweets

  • Posts

    • Thanks. I did all that but I will try it again. Strange thing is that although the screen says it’s me, the user profile is my daughter. I will try again but reckon I will need to call them. 
    • Hi   It a bit late now as you have sent them a letter before action but I would have waited for their response to those questions especially number 1. and to clarify for you asking these question would not put you in the position of Mears implying that you agree the money is owed as this money for the Roof Repairs is in Dispute with yourself (Landlord).   I would wait and see what response you get from Mears.   Also have a good look at Mears website and see what other bodies they are registered with   In the mean time something else to consider sending Mears is a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase covers all data they hold whatever format they hold it in whether it be recorded calls, written, emails etc.   They then have 30 Calendar Days to respond to your SAR Request, this time limit only starts once they acknowledge your SAR Request.   If they completely ignore your SAR Request then you make a complaint to the Information Commissioners Office (ICO):   Your right of access ICO.ORG.UK     What to do if the organisation does not respond or you are dissatisfied with the outcome ICO.ORG.UK   Make sure and put it in writing and get Free Proof of Posting from Post Office   Note: a SAR is now Free there should be no cost involved due to the DPA 2018 & GDPR 2018   I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?    
    • Sorry I can't edit the post now meant to change it so that the Claiment is (lowell portfolio LTD)   I have done everything you have said already.   registered online on the GOV site, I have my date set already to file for defence which is 2nd February, CCA request sent off along with CPR forms recorded with postal order.   I have had a reply back already from Overdales sending me the same CCA information as last time.   All that is left to do now is file my defence online. Overdales no longer wish to respond to me unless I make payments. I will file my defence online Thursday next week. (my DO work)   post #6 has the CCA information overdales sent me as per post #20 if you could cast your eyes on the PDF document again they don't seem to have sent much and it's what they appear to be using in court.   Would you say that is enough info for them to use should it go that far? my defence is that they haven't supplied all the paper work to make and informed decision about the debt and they haven't complied with any S78 request or offered any explanation as to the missing documentation I have asked for it has left me in a position regarding payments to any debts up in the air because there isn't enough information regarding the debts.   Thanks   Again
    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant ...YOU MUST SEND A CCA REQUEST FOR EACH DEBT IN THEIR POC https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • Which Court have you received the claim from Northampton N1   Name of the Claimant ? Overdales   Date of issue –  31/12/2021   Date to submit defence  - 2nd February    Particulars of Claim   1. claim comprises of the following agreements the defendant entered into: a) shop direct financial services current balance £937 B) shop direct financial services current balance £3742   2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant A) total sums = £4679 B) interest pursuant of s69 £374 c) costs   What is the total value of the claim? £4680 = with court costs and interest = £5609   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CATALOGUE   When did you enter into the original agreement before or after April 2007 ? AFTER 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER (LOWELLS HAVE THE DEBT AND OVERDALES ARE ACTING ON THEIR BEHALF)   Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Did you receive a Default Notice from the original creditor? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? WAS WITH A DEBT CHARITY (STEPCHANGE) MAKING PAYMENTS TO A NUMBER OF DEBTERS WIFE LOST 2ND JOB AND COULD NO LONGER AFFORD PAYMENTS (STEP CHANGE SUGGESTED I GO BANKRUPT I DIDN'T WANT TO DO THAT) CAME TO CAG FOR ADVICE IT WAS SUGGESTED I DROPPED THE CHARITY AND WENT ON MY OWN. FOUND IT EASIER SOME DEBTS ARE BEING PAID SOME CAN'T GET CCA INFO SO NOT HEARD FROM THEM FOR AGES OVERDALES HAVE BEEN THE ONLY PERSISTANT ONES FOR THIS DEBT.   What was the date of your last payment? CAN'T REALLY REMEMBER BUT PERHAPS 2017 OFF THE TOP OF ME HEAD   Was there a dispute with the original creditor that remains unresolved? AT THE TIME WHEN WIFE LOST HER JOB THEY WOULDN'T REDUCE PAYMENTS INSTEAD PILED ON INTEREST AND FINES. ENDED UP NOT RESPONDING TO THEM ANYMORE AND BEEN IN DEBT SINCE TO DCA'S   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES I DID AND THEY WEREN'T INTERESTED
  • Recommended Topics

  • Our picks

  • Recommended Topics

Capquest Statutory Demand ***WON***


Bobity
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3739 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thanks for responding so quickly onlyme. I didn't know whether to get it in straight away or not. They said they were going to get a copy of the statutary default notice to me, but I'm still waiting!

Link to post
Share on other sites

  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi all

 

Received a letter this morning from CQ saying that they were reminding me that they would still be willing to resolve without going to court for the set-aside and wasting court time and incurring costs on either side?

 

If I lose, will I have to pay costs? I was under the impression that this wouldn't cost me anything (except the hours of work involved!).

Link to post
Share on other sites

Hi all

 

Received a letter this morning from CQ saying that they were reminding me that they would still be willing to resolve without going to court for the set-aside and wasting court time and incurring costs on either side?

 

If I lose, will I have to pay costs? I was under the impression that this wouldn't cost me anything (except the hours of work involved!).

 

Just the usual scaremongering Capquest Bobity, they are the ones who are wasting court time and should be made to pay for it - be polite to the Judge but state your case firmly.

Link to post
Share on other sites

hi

 

Just getting things together and a further complications rise.

 

Re service of the SD. I had got the rule down as IR 6.3(2) Requirement to Service (mentioning creditor trying to effect personal service and about how the creditor has to demonstrate he tried to contact etc and only when all this fails, then and only then can they post the SD). Then I looked back at something I'd written awhile back and this says it is CPR PD INSOLV 11.4 Which I looked at and it looks right - but so did the other? Anyone know which I should go with?

Link to post
Share on other sites

Hi Bobity,

what I've got is that the SD does not comply with the rules of insolvency in that the demand was served by 1st class mail and not by a process server and then CPR PD INSOLV 11.4 blah blah, then the bit about Barry and this is in contravention of rule 6.2 of the Insolvency Service, if you haven't got the longer version of this, I'll post it up for you tomorrow sometime - don't stress.

Link to post
Share on other sites

Do not only focus on the poor service of the demand as after all you have admitted that you have received it!!

IMHO Better to focus on the fact that you put the account into serious dispute as you had not received the agreement and that you believe the agreement is unenforceable and has unfair charges and interest added to it this is exactly what I did and they didnt even turn up

They sent me a similar letter to yours which I ignored and went on to gain my costs

only me

Link to post
Share on other sites

Thanks both

 

I am working through the points one by one on the witness statement - the delivery of the sd being the first.

Next point is that a statutory notice of default has not been forthcoming. I actualy SARed Egg, and they say they dont have anything that matches my details! Must have destroyed them.

Link to post
Share on other sites

Better to focus on the fact that you put the account into serious dispute as you had not received the agreement

 

I did receive the agreement, but it was a microfiche barely readable copy, of an Egg agreement from 2000 which I believe are missing a few prescribed terms.

Link to post
Share on other sites

Got a letter today from CQ saying that they have filed their witness statement and enclose a copy covering letter to the court saying that they can't add anything more to the witness statement, asking to be excused from attending the hearing.

Link to post
Share on other sites

Got a letter today from CQ saying that they have filed their witness statement and enclose a copy covering letter to the court saying that they can't add anything more to the witness statement, asking to be excused from attending the hearing.

 

Honestly, what a cheek Bobity, wonder what the Judge would do if you sent in a letter requesting the same, I presume your hearing is imminent? Their costs must be mounting, don't seem very confident do they?

Link to post
Share on other sites

I am surprised that they haven't withdrawn the SD (if they can do that). I'm hoping it will be easier without them there. Just need to finish off my documents (will probably be posting like mad over the next day or two), and get my costs in now. This time next week I will know one way or the other.

Link to post
Share on other sites

Hi Bobity,sorry for the delay been busy last few days - in answer to your panic question, wouldn't think they would because it would cost them big money and they are already trying to limit their costs by asking to be excused from the hearing!

Link to post
Share on other sites

Been to court today... and Won! The judge told me to sit down, appologised for keeping me waiting, said he'd read everything I'd put on the witness statement and that as the other party weren't there to defend he was granting the set-side. Big thanks to everyone who helped me with this, especially Miss Muppet who practically mentored me through the whole thing! Got costs as well.

Edited by Bobity
Link to post
Share on other sites

Thread title updated.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

Well done Bobity, so pleased to hear you got a switched on Judge who didn't let Crapquest waste his time, proud to be of assistance, don't forget a little something for the site when you get the dosh and don't forget to help other people with the same probs as onlyme has done as well.

Link to post
Share on other sites

Yes I will definitely make a donation. The judge was really lovely and it wasn't as scary as I thought it would be. Although one fear was that someone would see me going into court! Onlyme, you were right about not focussing on the poor service. After he'd granted the set-aside he did point out to me the very same thing that you did! Anyway, glad this bit is over, waiting to see what they come up with next.

Link to post
Share on other sites

Yes I will definitely make a donation. The judge was really lovely and it wasn't as scary as I thought it would be. Although one fear was that someone would see me going into court! Onlyme, you were right about not focussing on the poor service. After he'd granted the set-aside he did point out to me the very same thing that you did! Anyway, glad this bit is over, waiting to see what they come up with next.

 

Hopefully a large cheque - lol!

Link to post
Share on other sites

  • 2 weeks 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

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...