Jump to content


  • Tweets

  • Posts

    • Thank you for your response BankFodder.   First of all her employer is a care home and she is a Part Time Carer.  I do not know what the company is called but would prefer not to publish it here even if I knew.   Having read through the link you provided I would tend to agree with your opinion regarding the Estoppel standard of proof especially as she is getting 50% more than she should of been expecting.  Having said that she has had this from the very start and knowing her as I do it is possible she thought this was her monthly wages!    In her everyday life she goes from hand to mouth so there is no improvement in lifestyle unless you consider her absence from Foodbanks an improvement!   I think the solution is for her to repay at the low figure that seems to be in place but to disregard the contract requiring her to pay it back before or on leaving.  Should she give notice and work four weeks how can we stop them from witholding her last months wages?    
    • Hey,   so just received an email from CRS. Saying I have to prove I cancelled...yawn. Bearing in mind this is way over a month ago I sent them a letter! shall I just block them now? Not even respond?   this is regarding gymetc and I joined their gym online...   thanks!
    • What does it actually mean when some  one says" for clarity" you mean in your opinion really dont you?   HB Thanks, girl done well.   Acres of text to get through, are you sure I have not come across you before. Your addiction to point scoring is V familiar.   Anyway lets see if there is anything I have not cleared up already.   You say  "'ll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside aconviction where the defendant was not aware of the proceedings."   So much for clarity. Below is what the section says information; and (b)within 21 days of that date the declaration is served on the [F1designated officer for the court], without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.   Notice "Shall be void. not set asidIf I am going to just be correcting basic reading i am not goiong tp conti   "When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction."   Noope The regulation says the court cannot interfere with the making of a SD,again completely different   Yes if it is, but unless the SD was made within 21 days of the action they are entitled to question it. As they do in the form you reproduced by asking how the defendant knew about the case.                         Said this alreay.   To answer your next paragraph, the court will not accept a lie, if there is one, they will have the option to increase the time however I doubt they would, or do you think they would just extend it? This is the test, of course.   Again you say SET ASSIDE, it isn't, the new case cannot be started if the old one is still pending of course.   Now having demonstrated your lack of knowledge. I shall move on. Your abstinence from posting is appreciated, either way, I will have you on ignore. Nothing personal I just dont think there is anything you can tell me.   One more thing the result does not compete with anything I have actually said, and everything I have said is correct, in relation to the legislation.                
    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
  • Our picks

monty2000

Capquest/Restons claimform - old Shop Direct CAT debt

style="text-align:center;"> Please note that this topic has not had any new posts for the last 861 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

after some advice please.

 

I am having problems with Restons solicitors who are pursuing an alleged debt that I owe to Cap quest.

 

They ignored any requests for further information stating they didnt have to provide anything and that my letters had no legal meaning.

 

shortly after they then threatened legal action,

I then carried out the pre action conduct protocol

 

to which once again they would not provide any documentation that I owed the debt and that my letters had no legal meaning.

 

One of their letters did contain a couple of points, stating OC, Balance, when the debt was transferred etc.

But they blatantly refused to provide me with any documents.

 

They have now commenced legal proceedings against me though NCC Bulk center.

 

Im unsure whether to apply to apply to have the claim stayed for non compliance of the pre action protocol,

 

but am unsure if what they have done is sufficient by then simply stating some apparent particulars with no documentation to back it up.

 

or do i defend the claim & carry on with another request for futher information under cpr18 asking for evidential proof once again.

 

any help would be greatly appreciated

Share this post


Link to post
Share on other sites

you probably caused this by sending stupid letters thinking you were clever.

when all it did was probably showed you up as a bit foolish by inviting pointless letter tennis.

 

 

can you complete this please

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

 

 

not sure where you got the idea you can stay a claim..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

not sure what you mean.

i do not acknowledge or remember the debt. which is why i want proof and why i carried out the pre action conduct protocol letters not pointless imo

Share this post


Link to post
Share on other sites

very pointless

its called letter tennis and to a dca or their fake/tame letterhead solicitors it gets you nowhere.

 

 

the time to prove the debt is infront of a judge.

 

 

get that link done


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

so what you are saying is the pre action conduct protocol along with part 18 of the practice direction have no meaning or purpose and solicitors dont have to follow them?

if they complied with my requests instead of them turning into letter tennis as you so put it, it may have never had to go to court. But i be damned if im accepting some numbers printed on some paper as proof of debt that i do not recollect.

Share this post


Link to post
Share on other sites

then you let the judge decide that....

 

 

you got a phishing letter

with some bunkum on it that you owed a debt

 

 

you fell for it and responded.= MUG

 

 

as you've seen.

whatever you throw at them makes no odds

they still issued a claimform = totally pointless letters upon your behalf.

same outcome

 

 

get that link done.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

why wouldnt i respond, when some bottom feeding lowlife is sending me letters demanding money?

 

I have nothing to hide.

Im not a stupid person and If they think they are above the law which they aren't they will be in for a surprise unless documentation is provided on or before the potential court date.

 

thanks for the info though, its interesting to know you can take anyone to court by blabbing any old crap on a claim form

Edited by monty2000

Share this post


Link to post
Share on other sites

its exactly what DCA's do sadly

 

 

so get the link done and we can help ..

 

 

simple answer is never respond to phishing letters.

 

 

as you've found

if they are brave enough and issue a claimform that's the place to squash them

not pointless letter tennis


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Just a few points until we get the information required monty.... pre action protocol does not apply to debt claims until 1st October 2017...and you cant use CPR until a claim is issued....also CPR 18 is not applicable to small claims track amounts..even if you sent it after receiving the claim.

 

 

https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/pre-action-protocol-for-debt-claims-comes-into-force-on-1-october-2017

 

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

 

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

Share this post


Link to post
Share on other sites

ok. would i be better off sending them a request for the documents under CPR 31.14 instead then?

Share this post


Link to post
Share on other sites
ok. would i be better off sending them a request for the documents under CPR 31.14 instead then?

 

Dont know until we see the particulars of claim and a little history of the dispute/debt...link please.


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

 

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

Share this post


Link to post
Share on other sites

Name of the Claimant ? capquest

 

Date of issue – 07/07/17

What is the claim for –

1.The claimant claims payment of the overdue balance due from the defendnat(s) under a contract between the defendant(s) and shop direct.

dated on or about **/** 2010 and assigned the claimant on **/06/2013.

2. PARTICULARS a/c no- ********

Date Item Value

06/03/17 Default Balance 1700

Post Refrl Cr NIL

 

What is the value of the claim? 1700

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CAT DEBT

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

 

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

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

 

Did you receive a Default Notice from the original creditor? I havent received any default notices to my knowledge

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I hevent received any statutory notices

Why did you cease payments?

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Share this post


Link to post
Share on other sites

Answer every question please


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

there as certain questions i dont know the answers to as i dont recall the debt.

i dont think i missed any which i could answer

Share this post


Link to post
Share on other sites

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

 

 

Why did you cease payments?

 

What was the date of your last payment?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

looking at theparticulars of the claim, after 2007.

not sure when payments ceased as idont recall the debt

dont knowthe last payment as i dont recall the debt

Share this post


Link to post
Share on other sites

like pulling teeth this

have you looked at your credit file

or any of the various communication you've had from them previously?

 

 

could be useful

might be statute barred.

what catalogue accounts have you had in the past?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
looking at theparticulars of the claim, after 2007.

not sure when payments ceased as idont recall the debt

dont knowthe last payment as i dont recall the debt

 

This is the kind of information you should have been looking into monty pre litigation instead of sending pointless CPR letters..the devil is in the detail and the claimant as an assignee wont know any of the above....and thats how you catch them out.

 

Plenty of time for you to start research before your defence is due.

 

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

 

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

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...