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    • But when you perform your Stat Dec the earlier convictions will be expunged (as if they had never happened) and the sentences handed down for them are revoked. Any convictions and sentences which follow after that will occur on whatever date they are handed down and so can be appealed up to 21 days after that date.. There is simply no need for an appeal against them to be lodged at this stage. If nothing else, you do not know what you will be convicted of.   If that has what he's told you I believe he is misleading you. Magistrates are not simply waiting in court for people to turn up to make SDs. As I said earlier, most courts provide appointment dates specifically for Stat Decs and, in the areas I know about it is unusual at present to get a date shorter than three or four weeks hence. Then you really need to speak to the solicitor to find out exactly what the hearing he has arranged is for, because until you perform your stat dec your current convictions remain and the charges cannot be put to you again (so providing you with the opportunity to offer the "deal").. This is really such a straightforward matter and I don't know why the solicitor is making it appear far more complex than it is. I would never suggest you ignore his advice, but you really need to find out and understand what his advice is seeking to achieve and how it will achieve it.  
    • Thanks, FTMDave; I appreciate you looking into this. I'm going to draft an email to the new CEO, [email protected]. Looney got thrown out for not declaring "relationships in the workplace." 🍆 😉
    • Well, a letter of claim has arrived as predicted. Will be following dx100uk post and use your PAP reply form instead of the one they have sent. I have a couple of questions, do I send the CCA request to Cabot or to Mortimer Clarke? What should I state as the reason? I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation.  
    • You pushed me to look at all our MET cases going back till June 2014.  That's 10 years so at that point I got sick & stopped! MET have never, ever taken a Cagger as far as a court hearing in all that time. As scribbled above, they have issued court papers a few times but have always bottled before the hearing. In one exceptional case the motorist didn't even have to defend - the judge chucked out the case due to rubbish Particulars of Claim. Sadly in two cases MET got a judgment because the motorist didn't file a defence to the claim.  But in one of the cases MET still didn't get their money as the person said he was elderly, didn't need credit and would rather put up with a CCJ than pay MET! So that's who you're dealing with - paper tigers.  They do court in maybe 5% of cases but even then bottle before it gets to a hearing. Anyway, let's see what writing to BP produces.
    • Any update here? MET started a court case recently against a Cagger concerning this very site and EV charging - and then bottled it and discontinued the case before the hearing. It would be useful for others to know what happened in your case.
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Capquest Shop Direct Agreement


London1971
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does it match what they sent inc the exact same T&C's and type faces

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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yea so its a gamble what they do.

yes the claim is against SD but they rarely cough up.

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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So, what's the best thing to do? Just leave it? I haven't heard anything from Capquest for 8 months or so, the debt becomes SB'd in Sept 2019. If they do issue a claimform I don't really have a defence.

We could do with some help from you.

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what about lumped on buy no pay later interest

I cant believe for one minute

[going by the numerous claimform threads in the financial legal forum]

that the balance is not also seriously inflated with BNPL interest.

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

should be any need

should be obv on the statements before they sold the debt on

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

I will take a look at that later, but from what I can see from threads on here, if you want money back from SD you need to be prepared to take them to court! Not sure if it's worth it for a few hundred quid.

We could do with some help from you.

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So I see an extra big interest charge of £53.97, close to when they sold the debt on. Would that be what I am looking for?

We could do with some help from you.

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sounds about right

it all depends on what goods you ordered and if they were BNPL

but that looks right.

I wouldn't bother doing anything with the info.

but its ammo against capquest if you get a letter 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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Share on other sites

Great stuff , all filed away, and will come back on here when/ if a letter of claim arrives

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

 

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  • 1 year later...

Hi All,

 

This account with Capquest` is now coming up to the 6th anniversary of my final payment on the 28th February but the actual default date is listed as 28th August. I know from reading these threads it's peak Claimform danger time but if they do decide to chance their arm before the end of August, would I be OK with a statute barred defence?

We could do with some help from you.

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The SB date is 6 years from last date of payment or written ack. Have they sent a PaP letter yet, because they need to do that and allow at least 30 days after sending it before they start court proceedings.

 

August has nothing to do with it being SB

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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recent court ruling and PRA won was enforcement date runs from Default date????

 

The Court of Appeals view is the DN is part of the cause of action, without it there can be no claim. The service of a DN opens the door for a time order, it also means stat duties like s77A and s86C still apply, so non compliance can lead to move issues. plus there's s140A to challenge them with maybe?

Edited by Old Cogger
:mad2::-x:jaw::sad:
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No PAP yet, so I guess I am in the clear

We could do with some help from you.

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The only written correspondence I have sent them is a CCA request a while back which they fulfilled, and when I informed them on my change of Address.

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

 

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recent court ruling and PRA won was enforcement date runs from Default date????

 

The Court of Appeals view is the DN is part of the cause of action, without it there can be no claim. The service of a DN opens the door for a time order, it also means stat duties like s77A and s86C still apply, so non compliance can lead to move issues. plus there's s140A to challenge them with maybe?

 

For that case. Not an overriding ruling for everything. It all depends on the agreement and actual account. Fixed loans etc would be when the loan was called in. For a catalogue, it has no bearing. Its the payment or written ack date. Or 14 days after a DN was issued. NOT when the default itself was registered.

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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I will hang tight on this and wait to see if anything more comes through on this, and will come back for advice. I certainly don't want to risk a CCJ on this, as I am hoping to remortgage in a couple of years, when all the Brexit dust settles.

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

 

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  • 3 months later...

Right,

 

I've finally started receiving texts and calls from Capquest, after 18 months of radio silence.

 

Last payment was on Feb 28th 2013,

 

Default was on Aug 28th 2013.

 

Should I send them the SB letter now, or wait until they send a PAP letter?

 

Thanks

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

 

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well arrows have been seen to be smart with at supposed appeal court ruling that sb is 14 days after dn date yet, but anyway who knows if the oc issued the dn correctly at the right date anyway.

 

pers i'd let it run.

 

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

Sounds like a good plan, 

 

And a fair chance that they will leave it too late anyway

 

 

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

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Right, I had a look through my SAR sent by the Original Creditor.  A section 87 default notice was sent out on 15th July 2013.  Would 15th July 2019 be a reasonable bet for the SB date?

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

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or +14 days which is the earliest they could call the debt in.

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

So being pessimistic and if I receive a PAP this week in the post, giving me 30 days, and after that a Claim Form giving me 33 days that would take me past the 29th July.  Have they left it too late?

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

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