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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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Good evening,

I wondered if you could help me.

 

I have received a county court claim form for a credit card debt.

 

 

The credit card was capital one and the debt was passed to various solicitors over the years.

The debt is now with Capquest and they have instructed Drydens Fairfax to manage the matter.

 

This credit card was taken out over 6 years ago,

however I believe the last payment made could be around the 5 or 6 year mark

which if over 6 could make the debt statute barred.

 

 

I have tried to find old paperwork to try and see when I last made payment

but can't and I no longer bank with the particular bank from which the payments will have been made.

 

 

I know I haven't made any payment since May 2010 and could be earlier.

 

The issue date on the Claim a Form is 03 December 2015 and I know I have to comply with timescales.

I cannot afford to have a CCJ registered against me as I am looking to purchase a house next year.

 

I haven't received anything from anyone about this debt for around 4 years

until a week or so ago when I got a letter from Drydens.

 

 

They threatened legal action if I didn't contact them within 14 days.

I contacted them within this period and emailed for more information.

 

 

They emailed back to request a paragraph from me to confirm that I was happy to correspond via email

I did this, received no further response apart from the Claim Form.

 

I don't know what to do for the best.

The debt is in excess of £2500.

I also cannot find out when my last payment was.

 

I don't know where to start.

 

 

Do I acknowledge regardless?

 

 

Do I attempt to defend with no evidence unless they can prove otherwise?

 

I look forward to receiving your help

 

Thank you

Edited by Wannabedebtfree1984
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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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Name of the Claimant ? Capquest Investments Limited

Date of issue – 03 December 2015

day to submit defence = 05.01.16 (33 days in total) by 4pm [inc + 1 day for xmas day ]

 

What is the claim for –

 

1. The Claim is for the sum of £2,700.00 in respect of monies owing by the defendant on a credit agreement

held by the defendant with Capital One Bank (Europe) Plc under account number xxxxx xxxxx xxxxxx xxxxx

upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. By virtue of a sale agreement between Capital One Bank (Europe) Plc and the Claimant, the claim vested in the claimant who has a genuine commercial interest.

The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113.....

 

What is the value of the claim? £2,700.00

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? Before

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Probably many years ago

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Young and dumb

What was the date of your last payment? Cannot remember but definitely nothing since May 2010

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 managementicon plan? Yes

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go check your credit file

try noddle below its free

might tell you last payment.

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... 

Link to post
Share on other sites

The debt has fallen off my credit report so unable to see this.

 

I have an old paper copy of my credit report but that shows that the credit agreement started in August 2005

and the default date is April 2008.

 

 

The account on my paper copy states that it was last updated April 2012,

but the balance has been the same some 12-24 months prior?

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paid or used the card in the last 6yrs?

its not showing as the default is +6yrs old

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

have you paid anything in all this time to anyone regarding the card?

 

 

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

on the off chance

 

 

go ring cap1 and ask.

when last payment was.

 

 

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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Share on other sites

I have also found a statement from Capquest from November 2014.

This states that the statement period is from January 2009-October 2014.

It shows the opening balance as 2514 the only payment that is showing is on 14 March 2011 from an external agency for £1.00?

 

 

What does this mean?

I didn't make a payment

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ever sent anyone a CCA request or any letter?

 

 

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

I have also found an email.... Sorry I have paperwork all over the place trying to locate anything that relates to this.

I have found an email that I sent to another debt collector whom had this before Capquest which was a Cca request. The £1 was a payment from me for a copy but in the email it was stated that I do not acknowledge any debt.....

 

I didn't receive a response to my Cca request and this was sent in January 2011. The £1.00 was allocated to my account by the looks of it but I didn't receive a response to my request

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ok that makes sense as I guessed.

 

 

who was that CCA request sent too?

 

 

and any more letters prior to that

 

 

you're possibly looking for a letter say around 6yrs prior to the claimform date that

confirms you hadn;t paid anything

 

 

dx

 

 

 

 

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

Thread moved to the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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That Cca request was sent to H L Legal & Collections Solicifors.

 

Like I say no response was received.

 

I don't appear to have anything prior relating to this.

That email with the Cca request is the earliest.

 

The only thing really I have to rely on is the Capquest statement from last year which states that a payment has been received for only £1 from Jan 2009 until now...

.. Surely that would clearly make this statute barred would it not?

 

If not,

do you suggest that I attempt to call Capitsl One or Capquest directly, or indeed Drydens

in an attempt to obtain details of the last payment made?

 

Do I need to do anything with the Claim Form in the meantime,

or based upon the information do I have a strong enough defence for statute barred?

 

If I defend and lose, will I still have a further 31 days to pay the claim to enable this to be removed from my report or will it stay on for 6 years?

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if you sent the CCa by email

how did you pay the £1 fee?

 

 

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... 

Link to post
Share on other sites

aha so they took that as payment against the account

 

 

and you have last email still?

 

 

so say just prior to that

you'd not paid anything for say 2mts or so?

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

ok

per I'd go ack the claim defend all on the mcol website

 

 

and file the SB defence too

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

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

You may not get 31 days if the judgment is forthwith.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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