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    • sorry but that letter needs to be much much better. you need to express that it was a stilly youthful mistake trying to be the big man and jumping the turnstile to look big infront of your peers. TfL prosecutors are on the email address on their first letter. get the court form sent back to the court , (but copy it first) stating you plead guilty and wish to attend to address the judge in person face to face to show your genuine remorse for your stupid youthful exuberance.      
    • I thought I should send the begging letter to the prosecutor. Does the hearing means the time I need to send back by? If so, it’s June 5  I plan to send the new begging letter as following, can I ask for some suggestions? Dear Investigator/Prosecutor,  Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.  I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.  I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.  Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.  I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.  I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.   Yours sincerely,
    • LoL Dx you crack me up. Thanks for the advice. I'll stay positive.
    • Utter Rubbish!! lowell dont write and beg for deals once they start court. as for your attitude, we'll thats nothing new for you.😎 you wont be quizzed, it's not like TV, simply refer to your defence/WS when answering anything the judge may ever ask. well it involves chickens. dx  
    • Thanks fk, I hope I don't have to face the court. Bless you for the reassurance. 
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Setting Aside a Statutory Demand


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As a result of you opening up a case with the FOS then the OFT may want to get involved with Capquest and your particular chain of despicable events. I suggest that you have some serious bargaining power here...

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Been thinking a bit more about this, I would ask Capquest to pay your costs.

 

So for example

 

10 hours of research into insolvency law @ £18 per hour

10 hours of research into consumer credit law @ £18 per hour

Postage

Photocopying

Fuel at 40p per mile

Writing letters at £12 each

 

Send them a request for your costs in light of the work you have done to set aside and the upset this has caused you and your family.....if they fail to agree then open a case with the FOS...(report them to the OFT anyway)

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As I posted on your other thread:

 

 

Well, irrespective of actually going to court, you have incurred costs in time. And you want them.

 

Anyway – why should you do their work for them? They have issued an SD without even advising of a further assignment. Are they saying they do not know what they have bought?

 

If I were you, I would head to court and get it set aside anyway, but I’m the hellbitch mother****er monstergit that likes to cause trouble for lying DCAs and debt buyers.

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Letter to Capquest.

 

Dear Sir/Madam

 

I am in receipt of your recent letter dated XXXXX

 

In light of the previous history of this non existant debt and the fact that receiving your statutory demand has caused myself and my family considerable distress and upset, I now am requesting that you pay my costs and compensation.

 

So far my research and time has cost me (at a rate of £18 per hour) £XXX my postage, letter writing and travel to my nearest post box has cost me £XXX

 

I suggest that as the sum comes to £475, I will accept £400 in compensation. Bearing in mind the circumstance and the fact that I will not accept less, I will await your cheque for the full amount with your final response.

 

If your cheque is not forthcoming within 8 weeks I will open up a case with the Financial Ombudsman Service who will without any shadow of doubt find in my favour.

 

I await your cheque by return

 

Yours faithfully

 

(don't hand sign)

 

If they don't agree and you don't accept and it is their final response then open up a case with the FOS....

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  • 3 months later...
  • 1 month later...

Just to update you all, after many months, we now have a FOS adjudicator looking at the case. We've not heard a dickiebird from Capquest but I know the FOS has been in touch with them as we've had copies of their correspondance.

 

I'm quite looking forward to seeing McKenzie Hall get a good slap for their part in all this, not to mention Capquest.

 

I'll update the thread once I have more news.

 

Thanks again to everyone for their help on this :)

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Well chaps - this is spookier than a very spooky thing. After hearing nothing for ages, I arrived home from work yesterday to find a recorded delivery letter from Capquest, apologising and offering £250 compensation.

 

Not sure what to do, accept their offer or leave it up to the Ombudsman to make a ruling?

 

Any thoughts?

 

Thanks :)

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See if you can speak to the FOS adjudicator, as you never know it may be getting to decision time. CapQuest may be trying to get you accept a lower amount, which they then present to the FOS, as the amount you were willing to accept, which may be different to the FOS amount.

 

If there is an ongoing complaint, the FOS need to know about this and CapQuest should really have informed them.

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See if you can speak to the FOS adjudicator, as you never know it may be getting to decision time. CapQuest may be trying to get you accept a lower amount, which they then present to the FOS, as the amount you were willing to accept, which may be different to the FOS amount.

 

If there is an ongoing complaint, the FOS need to know about this and CapQuest should really have informed them.

 

Thanks UncleB - I did think that might be the best idea, I'll see what the adjudicator has to say.

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Joey, firstly well done for seeing this through....I suspect as a result of your diligence in informing all and sundry of what they were up to, then Capquest seem to have stopped issuing stautory demands. If you do decide to accept the compensation then you could also get them to agree to never pursue you in the future under any circumstances whatsoever, and also to clear any adverse data they may have added to your credit files.

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Did you just go to the FOS or did you inform the OFT (if you did you probably got the usual standard response)

 

I told everyone.... FOS, OFT, ICO, Trading Standards re MacKenzie Hall.... pretty much everyone I could think to complain to... I did.

 

See..... dog with a bone :oops:

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£250!! add a zero at least

 

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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As UncleB has intimated, the issue had already been referred to the FoS, so their making offers at this stage is pointless – it’s not as if there are any Part 36 issues or suchlike.

 

Any offers they make will not affect any decision by the FoS, or any level of compensation awarded, and their making an offer at this stage is, IMHO, no more than mischief. Make sure the FoS has a copy of that offer – write and tell them that, as the complaint is active, you will await their decision and will not contact Cra-p-quest. Your complaint was about more than compensation.

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Indeed Donkey, it certainly is about more than compensation. Clearing up the credit file is important. My husband works on contract basis and has in the past needed to be security cleared, and may again in the future and I'm not sure how a messy credit file would be viewed.

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