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    • Thanks @lolerz. I've attached it to the post. What do you think? What's the organ grinder? NTK.pdf
    • I'm afraid that if the value of the item was under declared then that is probably the best that you can hope for. Also, because the item was incorrectly addressed – even by a single letter, if that because the issue relating to the delivery then that has probably compounded the problem. There is probably very little that can be done. If you are lucky you will get the item back and then you can start again and declare it properly. Undervaluing parcels which are sent by any means is always going to cause a problem if the item is lost or damaged. It may mean that the cost of delivery is slightly less – but at the end of the day the risk becomes yours. When you enter into any kind of contract, effectively you declare it a level of risk to your contracting partner – and they decide to enter into the contract with you based on that level of risk. You have declared a level of risk and £50 – and that's the deal.   Additionally, undervaluing an item which is an internationally has the effect also of evading customs and any VAT system which is in force in that country – and that makes the whole thing a little bit more serious
    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
    • Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though. Ignore the deforestation that comes unless it's ever a letter of claim. Any luck with the organ grinder?
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Capquest/Reston claimform - old Littlewoods CAT debt - statute barred?


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Evening Everyone,

Can someone just walk me through a Claim Form that I have received today.

 

Reston Solicitors on Behalf of Capquest.

 

Very Old Debt SB Sept 2015 16-8-2011,

 

sent one pound postal order to get Credit Agreement.

12-9-2011 sent letter asking for money back as they didn't supply Agreement and kept money to take off debt.

 

Capquest over the years,

have sent random begging letters with big discount.

Have not replied or entered into conversation by phone or letter.

 

28-3-2017 had letter from Reston Sol, threatening court. 4-4-2017

sent SB Letter

 

7-5-2017 had Claim Form.

Will defend as SB,

 

can someone just give me a quick guide on correct procedure.

 

Many thanks Have just edited it into separate lines but goes back to this!

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If youre 100% sure its SB, just send the SB defence through MCOL.

 

Who are restons clients?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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can you fill this out please

so's we have all the correct info to properly advise you

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

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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Name of the Claimant ? Capquest

Date of issue – . 2-5-2017

 

 

What is the claim for – the reason they have issued the claim?

 

1. THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT UNDER A CONTRACT BETWEEN THE DEFENDENT AND LITTLEWOODS DATED 8-10-2001 AND ASSIGNED TO THE CLAIMANT 1-10-2006

 

What is the value of the claim? 560.00

 

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

 

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. CAPQUEST DEBT BUYER

 

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

 

Did you receive a Default Notice from the original creditor? 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? IN SERIOUS DEBT PROBLEM

 

What was the date of your last payment? 5-9-2009

 

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 planicon?

YES PAID A POUND FOR A FEW YEARS

- THEN FOUND THIS SITE AND SENT CCA WHICH THEY COULD NOT PROVIDE AND KEPT THE POUND FOR IT AND PAID IT INTO THE BALANCE OWING ON 18-8-2011 NO PAYMENT SINCE.

 

As I have a clear SB defence,

what is the best course now?

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can you please check the name of the claimant

 

 

and is that the full particulars of claim?

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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No CCA and SB means theyre on to a loser and they know it. Theyre simply trying their luck.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Typical trick of the unscrupulous-using the £1 from the CCA request against the debt thus appearing to extend the Limitations Act. Did Capquest return your £1?

 

NO

 

can you please check the name of the claimant

 

and is that the full particulars of claim?

 

sorry, yes Capquest

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is that the full particulars of claim?

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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Quote Originally Posted by lookinforinfo

Typical trick of the unscrupulous-using the £1 from the CCA Request against the debt thus appearing to extend the Limitations Act. Did Capquest return your £1?

 

NO

 

Interesting. Is this a new crooked ploy? They have put your CCA request against your debt and not sent you the requested info. So their argument could be that there was no CCA request[which is why they didn't send the data plus it gets them out of not being able to take you to Court for them being in default ] and the £1 payment was done by you thus acknowledging the debt and extending the Limitation period. I note that you were quite clear about the date you sent the postal order so I am assuming that you have some kind of proof still just in case.

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Post 11 please

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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I still have a copy of the letter with the Post Office receipt clipped to it.

 

Wow you are a bigger hoarder than I am. Well done. That should really scotch them if they are trying to pull a fast one. Or attempting to pervert the course of Justice as a Judge might put it.

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Remember the important cases which make it clear that mentioning an account in correspondence ( eg a section 77/78 request ) while at the same time not admitting the debt does not count as acknowledgement : Good v Parry, Surrendra Overseas v Shri Lanka, Re Flynn .

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No it cannot

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

Making a payment off a debt however small the amount would surely be an acknowledgement of the debt.

 

 

As far as I can see the creditor has not admitted receiving the CCA request nor provided Blueboy1 with the legal requirements of the CCA so on the face of it Blueboy has made a payment off the debt.

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The statuary fee should not be used as payment to any balance..its a legal requirement to pay the fee of £1...should any claimant argue that a payment of £1 was made and therefore acknowledgement made...counter that they are in default and not provided and that payment was made for this request (provide copies of the request as evidence)

 

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 OTHER

 

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

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Disregard the CCA £1

 

When was the last time you paid anything off the debt?

If that's within 6 yes the rest is immaterial.

 

You need to back the claim and get CCA/CPR running asap

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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wow so its really just that.

 

restons are getting rather skimpy with their pocs

must be cause we keep winning on CCA/CPR issues....:lol:

 

so you say your last payment was sept 09?

regardless to the CCA £1 debacle?

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...

Afternoon Guys, just looked online, and my defence was received on 8/5/2017. There is nothing else listed. It is well past the 28 days, so does that mean Restons have not continued with the Claim?

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