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    • Hi    So we have a response from the trader to my local Trading Standards officer.    "The trader has contacted me.    He is alleging consumer misuse regarding the usage of the car, i.e. the car had been run low on oil. I have explained that this would need to be proven and the burden of proof may depend on the trader or the consumer depending on when the fault first occurred.   Also the trader indicated that a courtesy car was provided to your father at the time but that car was not been returned Obviously, at Trading Standards we do not advise on the facts as only a judge in small claims can decide on the facts of the case. If a person alleges something then it needs to be proven.   The tenor of the contract has been that they are not liable for the alleged fault as it was consumer misuse and also that they will be pursuing the non return of a courtesy car.  The matter seems to be at a standstill and it is up to you to decide if you wish to pursue the matter further in court. Please refer to the initial letter I sent to you regarding our remit on civil matters at Sandwell Trading Standards.    In the event you do go to court you can mention to the judge you did try to resolve the issues through a third party, namely ourselves, to avoid going to court but the matter was not resolved. The judge would look favourably in this information. "   My response to the above is:    1. The first we knew of the car being low on oil was when the trader returned the car back to my father in August 2020, after having the car from Nov 2019 - end of Jan 2020 (over 3 months) and from March 2020 - August 2020 (6 months). When the trader returned the car in August he casually mentioned that he had topped the car with oil as it had been running low. How can it be misuse when my father didn't even have the car for 6 months prior to the alleged fault? The car was returned back to the trader in August 2020, within a week of it being returned, due to engine noises that were noticeable, and that were not there before.    2. The courtesy car was provided to my father whilst his was allegedly being repaired. After my father's death, the trader mentioned the return of courtesy car once to my brother in law who he was in contact with, and it was agreed that he could pick his courtesy car up when he returned my late fathers car. At that point we believed the car was being repaired and would be returned. In my communication with the trader, not once has he requested return of the car.  The return of the courtesy car has never been an issue and I am happy to arrange return of the courtesy car, although I am hesitant to meet the trader personally. In addition, the car has no car tax (expired in March 2021) therefore I am not willing to drive an untaxed car.   Should I contact the trader to arrange for him to collect it from my fathers house?  And would it be wise to take photos of the condition of the car (inside and outside, and mileage) in case he tried to clutch at straws and make further false allegations?    3. In regards to the trader's claim as consumer misuse, if this was the case then why was my father not made aware at the time, and why did the trader take the car back to "repair it" and where is it now? Also, why has the trader continued to take the car apart to the point where it is now is an undriveable state than when it was when taken?    I am waiting for the case officer to write me back to the response, however I just wanted to get your thoughts on the above.    Thank you 
    • Hi Stu, not had anything back from the HA at all apart from a generic  reply saying they will look into it.   I have some spare time next week so might just give them a visit and try and get some answers 
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    • No we haven't asked them for Public Liability Insurance, and both letters for SAR and FOI are written up and ready to send today. I suppose this could be done by email.
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Capquest and Drydens Fairfax chasing old egg debt


Tired and Weary
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oh dear they did spoof you then

 

 

i'd be writing to them with proof it was SB before they spoofed you

and ask for the payments back

 

 

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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Ok DX ,thanks i`ll get a letter off to them,

should it go to Capquest or Drydens solicitors who are the ones badgering me at the moment?

Both?

 

Also they did the same to me with a BOS credit card debt

,also defaulted at the same time ,

same process with CAB and made payments to Capquest starting in OCT 2009.

 

 

I stopped paying them but they took me to court and i have a CCJ for £10.

If that was also statute barred at the time of the court action is there anything i can do about it? (court case was Dec 2013)

Edited by Tired and Weary
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who you paid.

 

you are also poss entitled to 8% interest on the 'gifted' money too

 

might work.

 

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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might be best you start a thread for each debt now

 

 

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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oh god now you're falling into the cabot trap

 

ITS STATUTE BARRED

 

you cant ack an SB'd debt

 

its dead gone..not even a judge can unbar it...

 

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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  • 2 weeks later...

already answered post 26

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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  • 7 months later...

Hi Back on this one (Capquest /EGG),

 

i sent them a letter months ago stating that the debt was statute barred before i stupidly started paying Capquest . As far as im aware this was a 7 year gap.

 

Today i received this letter from their solicitors Drydens Fairfax.

 

I have also noticed the debt has increased from £1600 when it was with Egg to now almost £3000. Can they do this???

Thanks

 

This is the correspondence i received from from them the last one was the end of June until today,

 

their letter refering to statute barred is interesting ,

they totally ignored my letter i sent to them explaining how it was statute barred before i first paid Capquest and that they were to stop harassing me .

 

Do they possibly have any sort of case???

Thanks

 

Hi DX,

heres the pdf ,i cant edit the previous post. Thanks

convert-jpg-to.pdf

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little fleecers.

willy waving

 

can you out line what you sent regarding the SB letter please

have you still a copy?

 

and did you send the proof on SB'd with it

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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Hi Dx,

I cant seem to find the letter i sent Drydens about the statute barred matter, should i send it to them again ?

 

 

According to my records i defaulted with Egg either dec 2000 or January 2001.

 

CAB were dealing with debts on our behalf

a £1 a month payment arrangement was set up confirmed in a letter from Egg on 15th Feb 2001.

 

 

It stated to commence payments of £1 a month commencing 16th March 2001 for six months.

After this six months we were advised that i should stop paying them ..

 

So around end of 2001 that i stopped paying Egg (but dont have proof of when exactly).

 

I started paying Capquest on the 29th Oct 2008 so thats nearly 7 years i think.

 

Drydens are saying also that i made a payment to capquest in dec 2010 of £19.55 and last payment of £19.55 on January 31st 2011.

 

 

I dont remember making any such payments and if they werent there it would also be statute barred in the period from before oct 2010 and now.

 

They sent me this screenshot .

 

Apparently those 2 payments in dec 2010 and jan 2011 were made

heres where it gets complicated ,

i didnt have a chequebook

payments were made by my` mothers chequebook from her account`.

(i gave her the money of course).

 

How does that stand ,

probably all the other payments i made to capquest were using cheques from my mothers account as well?

Different address from me of course as well!

Thanks

img214.jpg

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doesn't matter what drydens produce or say of recent times.

 

you need to clearly pointout there was a 7yrs gap between

So around end of 2001 that i stopped paying Egg (but dont have proof of when exactly).

 

I started paying Capquest on the 29th Oct 2008 so thats nearly 7 years i think.

so it was already SB'd by the time you started paying capquest in 2008

 

and you demand all your payments back.

 

same with the CCJ? one

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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You have a debt for an unknown amount.

The debt still exists and anything you paid should reduce that debt.

 

However as the debt became statute barred no-one can take action to enforce the payment of the debt.

The debt doesnt go away but Drydens know that taking you to court cannot make any difference to the present situation.

 

I'm sure that someone is grateful you have paid them in the interim but it doesnt ressurect any authority to take action against you.

They may "deem" something, that is just use of words saying you should take their word for it or agree with them, you dont have to.

 

you wont be getting a refund though but you could look up to see if there are any fees, penalties or interest added tyo the account that are reclaimable.

 

 

Interest will generally be knocked off the sum owed but things like PPI payments are recoverable as cash as they are not part of a lawful agreement, however, your original agreement is too old to recalim such fees but it wont make much of a difference as you arent going to be paying them anything else so a 0-0 draw on that one.

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So to be clear ,

 

i need to send Drydens solicitors or Capquest or both? ,

 

a letter stating the dates showing that the debt was statute barred before Capquest got hold of the debt and stating they have no legal grounds for court action to persue this debt???

 

Thanks

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they are the same people just a next desk

 

but you were already told to send that before.

 

the debt was already statute barred,

you got a letter threatening court [which they under the guidelines are NOT allowed to send - threaten court on a statute barred debt]

 

so you paid under duress and false representations,

you want your money back,

 

but the bottom line is you owe nowt. the debt is still statute barred.

 

and they are still stating that ANY payment resets the SB, NO IT DOES NOT - the debt was ALREADY statute barred and you've told and proved that too them.

AND

yet again, they've threatened court...against the rules that govern them.

 

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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  • 1 month later...

They are still hassling me.

Received this date 9th Dec from Crap Stone and this dated 12th Dec from Drys Den ,received today. They are still claiming any acknowledgement restarts the Statute barred status and also notice the difference in almost £400 between the alleged amount owed. The original debt was something like £1500.

letter dated 9th dec.jpg

letter date 12th received 16th dec.jpg

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And did you make payment of the amount stated 31st Jan 2011 ?

 

Andy

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what part of the debt was already statute barred when you started paying cabot

cant these idiots understand??

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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Share on other sites

Not sure what you mean ,its all in the thread.

 

Egg credit card defaulted around feb 2001 balance around £1500 ,

CAB were dealing with various debts ,

paid egg under arrangement £1 a month,

only kept that up for around 6 months as CAB advised to concentrate on more important debts.

Paid nothing from late 2001 -Jan/Feb 2002 until CRap quest tried Statutory Demand threat ,

so stupidly started paying them in Oct 2008.

 

 

Last payment appears to be Jan 2011 as stated in the letter i posted today fom Dry Dens.

 

I have sent Dry Dens solicitors (for Crap quest), two letters stating i believe it to have been statute barred before i started paying Crap quest.

 

 

 

They keep coming back with court threats and stating if a payment was made it resets the limitation period.

(not according to what you`ve said and what ive read everywhere else.

 

I dont particulrly want to go to court over this but Dry Dens keep going on about this Jan 2011 payment that was made and skirting around the previous period when it was more than likely already statute barred.

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i was talking about drydens!!

 

 

 

 

dear sirs

the last payment to the original Creditor EGG was late 2001

 

 

I , under duress, started paying Capquest in October 2008

that is more than 6yrs

 

 

I will not be entering into anymore letter tennis with you.

 

 

you have been told the debt is statute barred numerous times

 

 

should I hear anything more from you

I will begin a complaint with the FCA under the CONCrules.

 

 

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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Share on other sites

Thanks DX, sound like what ive wrote before though.

Can anyone tell me the correct address for DSAR request for egg??

Is it he Canada sq operations Worthing BN99 3AR or their Canary Wharf head office as listed on companies house? (Citigroup Centre, Canada Square Canary Wharf, London, E14 5LB)

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either will do

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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