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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   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? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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Capquest and Cap1 card debt - Statute Barred Debt?


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Good morning

,I apologise if an answer to this question can be found elsewhere, if that is the case please point me in the right direction!

 

I have received a letter (dated 7th March) from Capquest advising me:

 

'they have purchased my account from Capital One Bank (Europe) Plc and it is their responsibility to manage your account to an affordable payment plan.

The Offer Full and final payment of £600.78 to settle the account in one lump sum or over a time that is acceptable to all concerned.

This offer is only available until 21st March 2012. Failure to contact us by 21st March will mean this offer will end.

 

The full amount of £1200 will remain legally owed by you.

Let's work on this together; we look forward to hearing rom you.

Collections Department.''

 

This is from a credit card that I last used and made a payment for in approximately 2003 at the very latest.

I have had NO correspondence whatsoever since then.

I have worked hard over the last 9 years to improve my credit rating and it is now in a very good state ( I have been able to get credit and my file shows no defaults) and I am looking hopefully to get a mortage in the next 12 months.

 

Having dug around a little am I right in assuming that this debt is statue barred as it is over 6 years since I have been contacted/acknowledged the debt?

I am in a better position financially now, so should I just pay the settlement amount and will that be the end of it?

or should I go down the statute barred route and give Capquest nothing?

 

(after hearing what a horrible company they are).

 

Thank you very much for any advice anyone can give.

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I noticed they were very careful with the wording of their letter. They do say the debt is legally owed which is correct, but what they've neglected to mention is that it is unenforceable.

 

They cannot register a default, it would have already have been registered by Cap1 over six years ago & would have dropped off your credit file & cannot be re-registered & certainly not by Capquest in any case. They cannot apply for a CCJ, bankruptcy or anything else.

 

What they can do is politely request that you make payment. Equally, you can politely tell them to go forth & multiply. ;)

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haaaaa Wassock,,, think I will use that long lost term in my correspondence,,, Yes they can ask you to pay politely but as stated you can tell them to Go forth and Multiply, but if Franila you are in a good mood please drop me your address and I will bill you for some dodgy amount,,,,, shall we say £4,000 to the Hippy Debt collection fund... !!!!!!!!!!!!!!! I am being pedantic, get me drift Fran,,,,,, Beg away SB is SB or Unenforceable is Unenforceable, with me they keep telling me on my UE accounts,, Hippy it will help to repair your credit rating if you pay us..!!!!!!!! ( what, !!!! I am in more debt than Greece you fools )

[sIGPIC][/sIGPIC]Happyhippy1959

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I had them phantom up a £50 payment when I sent SB letter but a couple more letters (and I wish I used wazzer on it) they accepted they made a 'mistake' so dont be put off if they phantom a payment just come back here

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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I thought that was a cassock. ;)

 

Ohhhh Hello sailor a mattelo with a priest in his hammock:madgrin:

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thank you, have heard nothing yet...although I have just come home to a Royal Mail 'tried to deliver' leaflet for a letter that needs a signature. Could this be from them or am I being ultra-paranoid?!:|

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I guess so-I'll go and sign for the letter this week and see what it holds! I can see how people go crazy mulling all this stuff over. Constantly on tenterhooks....gits:evil:

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  • 5 weeks later...

Hi Guys,

 

It's been a month since I sent the statute barred letter to Capquest and I have heard nothing in return. However, I came home this evening to a letter addressed to me from 1st Credit stating:

 

Dear Sir/Madam,

1st Credit Limited is attempting to contact the above named regarding a personal matter.

Your address has been supplied as a possible address for our subject.

 

If you are MISS ****

Please contact our offices immediately on 01737 237370 and quote the above 1st Credit eference number at which time further information can be provided.

If you are not MISS ****

iF MISS **** is no longer resident at this address we would appreciate you calling us at your earliest convenience on 01737 237376. This will enable us to update our records and thereby avoid our contacting you unnecessarily in the future.

 

Any information provided to us will be treated in the strictest confidence.

 

If no response is received to this letter within ten days we will continue to hold this address as the current address of MISS **** and may issue further letters.

 

Yours faithfully

Gavin Flynn

Head of Collections

 

Could this letter be linked to Capquest not responding to the SB letter? Do I just ignore this? Any advice would be much appreciated.

Thank you,

Franila.

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My guesses (only 2)

 

1. Capquest have dropped the account as it's SB, and conned 1st Credit in to buying but it's a bit quick for that.

2. This is another matter altogether.

 

Don't speak to them, wait until the put something in writting.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • dx100uk changed the title to Capquest and Cap1 card debt - Statute Barred Debt?
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