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    • You do realise all your pers details are shown in file info/properties?   It's why our upload guide states use pdf only    Dx
    • Remember that your hearing is for set aside, and only for set aside.   The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know    - if you have a serious reason for not defending the first time around, and    - if you have a defence.   That's all.  Oh, and you didn't faff around for months before applying for set aside.   Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".   To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.   If you do include it I now see the Act is 2015. not 2019.
    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter.   1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations. Unless of course, CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry. If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.     When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015.   3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”.   Based upon that evidence, I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking. The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also, nearly double that of what a council parking charge would be.   I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor.   4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL, I believe, are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.   5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum. Please specify which it is.   6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book, updated October 2017.Here is the section you need:-   “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information.   While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however, you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs, and cameras.   7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis. Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.  Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely   Obviously i changed the name from CEl to Parking Eye.   For a windscreen ticket.docx
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
    • SAR, yes do both, could be useful for cross referencing   The dates you've given for moving abroad also change from your original post so the more info you can gather the better   Also, there's quite a few questions you haven't answered that could be useful.    
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capquest letter of claim littlewoods cat debt


kell4040
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I think this debt is come upto 6 years im not sure as i forgot all about this but they found me at this address were i am now.

I moved in feb 2006 and must of forgot all about this and now in am real worried as i own my home so dont want a ccj

how do i find out if it is 6 years

I have not made any payments to this if i can remember from dec 2005/jan 2006 im not sure

please can someone give me info on what i should do

thanks

i cant up load pc playing up so i will type what it says

 

date 14th december

 

debt purchased from lcg (littlewoods)

account 0000000 ballance £1357.63

 

letter of claim under the practice direction-pre action conduct

 

you have not responded to our previous letters. your account has been passed through the relevant pre-action validations and checks.

your account will be passed to our solicitors with instructions to commence legal action on or after 28th dec 11 unless you have reached a satisfactory arrangement with us before then.

 

the claim will be issued in the name of capquest investments limited and will be for the unpaid ballance on the above account. we want you to contact us with your proposals for payment by letter quting ref or by telephoning our experienced team of collectors on 00000 to descuss possible repayment options.

you do not have to pay the full balance immediately to avoid a claim being issued. we will seek to agree an acceptable arrangement for payment over a period of time.

we will allow you a further 14 days to contact us.

if you do nothing then a claim will be issued without any further warning to you.

this will involve expenditure on the court fees and solicitors court costs which we will seek to recover from you.

 

through the litigation process we will seek a judgment of the court, directing you to pay the moneies outstanding. if are successful and if necessary to do so we will seek to enforce such judgement by warrant of execution which will result in bailiffs visiting your address.

 

we refair you to practice direction-pre action conduct and particulary paragraph 4 whice allows the court to impose sanctions on a party who does not comply with its requirements. we are willing to discuss with you any issues relating to our claim and seek to resolve any dispute through alternative dispute resolution methods. our prefarred method is without prejudice discussions with you or your advisers.

free advice and assistance can be obtained from organisations

 

the letter was posted 2nd class

 

like i said i had forgot all about this i did order something from littlewoods a few weeks ago so this is were it may have flagged up.

capquest1.jpg

Edited by kell4040
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Use this method...courtesy dx100uk

 

 

 

scan the required letters/agreements/sheets as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

hit reply button

 

 

ims

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Hi,

Check your credit file for starters. While this is not the most definitive answer to whether it is SB yet, it does give some idea.

 

Depending on who you paid up until you stopped, you may need to send them a SAR to get the statements of account.

 

Have you received anything from Capquest before this letter?

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

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I think this debt is come upto 6 yearslink3.gif im not sure as i forgot all about this but they found me at this address were i am now.

I moved in feb 2006 and must of forgot all about this and now in am real worried as i own my home so dont want a ccj

how do i find out if it is 6 years

I have not made any payments to this if i can remember from dec 2005/jan 2006 im not sure

please can someone give me info on what i should do

thanks

i cant up load pc playing up so i will type what it says

 

date 14th december

 

debt purchased from lcg (littlewoods)

account 0000000 ballance £1357.63

 

letter of claim under the practice direction-pre action conduct

 

you have not responded to our previous letters. your account has been passed through the relevant pre-action validations and checks.

your account will be passed to our solicitors with instructions to commence legal action on or after 28th dec 11 unless you have reached a satisfactory arrangement with us before then.

 

the claim will be issued in the name of capquest investments limited and will be for the unpaid ballance on the above account. we want you to contact us with your proposals for payment by letter quting ref or by telephoning our experienced team of collectors on 00000 to descuss possible repayment options.

you do not have to pay the full balance immediately to avoid a claim being issued. we will seek to agree an acceptable arrangement for payment over a period of time.

we will allow you a further 14 days to contact us.

if you do nothing then a claim will be issued without any further warning to you.

this will involve expenditure on the court fees and solicitors court costs which we will seek to recover from you.

 

through the litigation process we will seek a judgment of the court, directing you to pay the moneies outstanding. if are successful and if necessary to do so we will seek to enforce such judgement by warrant of execution which will result in bailiffslink3.gif visiting your address.

 

we refair you to practice direction-pre action conduct and particulary paragraph 4 whice allows the court to impose sanctions on a party who does not comply with its requirements. we are willing to discuss with you any issues relating to our claim and seek to resolve any dispute through alternative dispute resolution methods. our prefarred method is without prejudicelink3.gif discussions with you or your advisers.

free advice and assistance can be obtained from organisations

 

the letter was posted 2nd class

 

like i said i had forgot all about this i did order something from littlewoods a few weeks ago so this is were it may have flagged up.

 

I beleve it is six years from last payment Do you have any past paperwork ? I would consider sending an S.A.R.You say you ordered some thing from littlewoods a few weeks ago. Was this on a different account ?

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hi thanks yes i ordered from littlewoods on a different account as i had forgot all about this debt.

I think the last payment was in dec 2005 or jan 2006 not sure i got married so i am in different name i also moved in feb 2006 to this address were i am now.

I got a letter off them a few months ago saying they were going to do a check .

I have looked at my credit file and nothing shows i am almost sure its come to the 6 years mark.

I dont have this kind of money to give them me and my hubby are not together anymore on my own with little girl.

I am worried as i have a mortgage dont want to be getting a ccj.

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What sort of debt is this?

Are there any charges that could be reclaimed if this debt is no SB?

 

Initially I would be sending the 'prove it' letter from the library and send a SAR to the original creditor to see what is going on.

 

I think CQ have found out you have a mortgage and want to get the money that way

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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I think sending off a CCA request in the first instance is a good move too...

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

 

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I would suggest at this stage to send them a CCA request letter. You can find the link in my signature below. You'll have to enclose a £1 postal order and send recorded delivery.

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.

 

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If you are unsure of the exact timings, a CCA request is a good move, as 42man says, as they are prevented from taking enforcement action in the courts while in default of such a request.

 

In the meantime, do all you can – digging out old bank statements etc, SAR to original creditor – to find out when the last payment was.

 

The simplest option may be to call the original creditor, give your name and old address, and ask them for the info directly, ie. when was the last payment to the account.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Two threads merged. Please try and keep to one thread per issue.

 

As this is yet to go legal, i will leave this in the debt forum

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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Yes it may.....I suggest the CCA route first.

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

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No. It’s nothing to do with Littlewoods now – they don’t own it any more.

 

Don’t alert them to the fact that you have another account.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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If they ask for a new address, avoid your current one! Should be a simple data check then they may be able to tell you if you have the info. If it’s over six years they may have removed the data. But if it was only sold recently (as a lemon), they should have it. They cannot ask you any non-security questions, as they are not now the data controller in essence, and don’t have any rights to it.

 

Doing a data check is not the same as acknowledging a debt – all it acknowledges is that you had an account, which you do not deny.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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i rang littlewoods but they said they needed more infor and to send them docs to id myself they said my dob was not the one they had on the account i cant understand this why would i use a different dob or are they trying to get more details off me.

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i rang littlewoods but they said they needed more infor and to send them docs to id myself they said my dob was not the one they had on the account i cant understand this why would i use a different dob or are they trying to get more details off me.

 

Don't phone them, Send a CCA request as advised and I would do this now, like in the morning. Do not delay.Do not give them any information at this stage.

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i rang littlewoods but they said they needed more infor and to send them docs to id myself they said my dob was not the one they had on the account i cant understand this why would i use a different dob or are they trying to get more details off me.

 

Sounds like they are being obstructive idiots. As the dude says...

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 3 weeks later...

hi just an up date got a letter this morning from capquest saying they were going to statutory demand within 18 days.

A few days ago i rang littlewoods up as i think its just over 6 year mark when i gave my name she wanted my date of birth i gave her this she said it was not correct

and also it spells my first name wrong with ie at end and not y it also says miss and not mrs were do i stand if the dob does not match mine and name spelt wrong

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Did you send off the CCA ?

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

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no not yet didnt think i would get another letter

if the name spelt wrong and they have wrong date of birth how can they chase me for it

the lady at littlewoods would not give me any info as my date of birth did not match it also says miss xxxx and not mrs xxxx

they have also spelt 1st name wrong adding letter at the end

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I suggest as an additional safeguard against a possible statutory demand that you do send it off.....

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

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