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    • Hello there,  I would be most grateful for any help or views on a distressing incident that occurred last summer, I can supply more info.  I am a 70 years old retired man and quite severely disabled I use a Mobilty Scooter and walking aids.  I had recently been admitted to hospital with an ongoing heart condition.     I was quite a frequent customer of my local Pub/Restaurant and I had previously submitted several verbal complaints regarding short measures of drinks.  The both managers took exception to this and told me that I was "Never happy until I found something to moan about"  The atmosphere in the Pub generally declined towards myself and I was certainly made to feel unwelcome.  Matters came to a head when I witnessed a dog, inside the Pub, attack a child (A Toddler) who had accidentally trodden on the Dog`s tail.  Fortunately the parents of the child and the owners of the dog reacted quickly and no injury occurred .  The pub was very busy at this time and the incident went somewhat unnoticed.  I brought the incident to the attention of one of the managers and he actually laughed, it was monstrous.  When the pub became quieter I remonstrated with the said manager and I stated that IMO it was dangerous to have dogs and children in such close proximity whist food is being served.  He became extremely unpleasant and told me in no uncertain terms that if I did not like it then to "Stop coming back"   Two days later whilst I was out in the next village with friends my wife rang to inform me that the Owner of the pub had called around to our home and told me wife that I was barred from the pub and to never venture there again; my wife was distressed, she never frequented the pub and the owner and my wife are not well known to each other.  It is my opinion that he had no right whatsoever, to include my wife in this matter and to do so within her own home whilst I was not present.      I returned home then went to the pub to enquire why the owner had visited my home, and upset my wife.  Whilst I was on the pub car park I was met by both the owner and the manager who both informed that I was barred as I had upset staff members.  No suitable explanation was forthcoming from the owner for the reason of his unwanted and unwelcome visit plus his aggressive manner whilst he talked down to my wife.  They both informed me that they would forcefully remove me if I did not leave the car park.   Due to the immense stress I was enduring I felt an urgent need to use the toilet, when i requested to do so I was denied.  I could not believe it, I was in such a hopeless state and was utterly distraught.  Finally I struggled out of the car park but entered the front of the pub and headed for the toilet however they caught up with me and I sat down on a stool and refused to move until i was granted access to the toilet, however they were both adamant that it would not be allowed.  I reminded them that i was disabled but the owner stated that I was `Milking It` and to "Go behind a hedge".  At least half an hour passed, since I had entered the pub, and the owner stated that he would call the Police, I had gathered my thoughts a little by this time and I stated to them that I would call the Police myself and then see if I would be allowed to use the toilets.  I feel the owner began to realise that he might be in trouble as when I began to make the phone call he stated that I could use the toilet however he would accompany me; i had no option but to concur with his somewhat sick condition.  I was forced to defecate whilst he stood immediately outside the door.  My humiliation and embarrassment was complete.    Two days later I wrote to the owner and informed that I was intending to sue him for disability discrimination related offences.  He chose to disregard what I had stated and replied stating that he had no intention of lifting the ban.  I replied stating that I had no desire to ever enter one of his pubs ever again and that he should re-read my letter and respond to the charges.  He did not reply.   I issued proceedings against him in the Small Claim Court for less than £400  (Some of my clothes and a she were damaged due to soiling).  He, rather surprisingly, instructed a solicitor who has threatened me with costs being awarded against me by the court which could run into many many thousands of pounds and that there was clearly no case for her client to answer.  I must admit to being rather alarmed.  The owner is a wealthy man.     The court have advised mediation and have even offered to award one hour of such FOC; I agreed, the defendant refused.  We now have a date for a hearing and I do not know exactly what to expect.  His court response states that he will be bringing two witnesses with him yet there was only he, the owner and the manager who were present.    Much of this was audio recorded and the owner is not disputing much of my statement.  I never threatened violence or used bad language during this most unpleasant incident.      Any help and opinions would be greatly appreciated.   Kind regards.  --  tibar
    • My friend has told them this and got no response as yet nor any refund,  she  is giving them till about 2pm  to refund it or   will be  reporting it as fraud and  seeing the Police etc, have told her please  do not ever  do it again or drag me into it, I will do my best keep you updated   Sandy xx
    • Make sure you keep that email and print it out for safe keeping, just in case the PPC don't quite get the message.
    • Okay i've just sent the letters recorded delivery and have registered with the claims court. Just reading about PAP.
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I have been making regular token payments off two debts that have been sold to Capquest. 

 

One was a loan

 one was a credit card

both before 2007,

 

they are adding more interest each month than my payment so I dread to think what the total is now.

 

I want to sort these out but so scared to make any contact with them and I  really don't want my now credit file to be affected or to go to court.

 

I have doing some research and think that I need to apply for a subject access request - do I do this with the original creditor or Capquest?

 

I'm assuming that this will provide me with all the information that is held about me, so I'm assuming that I will be able to find out if this debt is enforceable?

 

I was going to send a CCA request as well but really anxious as to whats going to come through my letterbox. 

 

I haven't had any correspondence from them in relation to these debts since 2012 and no phonecalls but I can still remember how stressful it was at the time.

 

Are there different letters for loans and credit cards for the SAR and CCA and what is the likelihood of there being any paperwork for debts this old. 

 

Any advice would be appreciated.

 

Thank you.

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Good grief..stop blindly paying a fleecing dca.

and they shouldn't be adding ANYTHING.

 

a DCA is not a BAILIFF

and have

ZERO legal powers

 

let me guess..all this was done on the phone😹


please don't hit Quote...just type we know what we said earlier..

 

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Send a CCA off to Capquest for each debt.

 

I would make sure you send it signed for delivery. Capquest are ' losing' a lot of mail at the moment, to the point of it being suspicious. Make sure you print off and save the signed for Royal Mail Signature too.

 

Capquest are known for buying unenforceable debts, so it's likely they don't have any paperwork.  They have 12 +2 days from the date of Receiving your CCA request to comply (which they won't), if you don't get anything back, stop paying ! No CCA, No pay.

 

As for your credit file, have you checked it to see if the debts are still on their?


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hold on the CCA request or any letter

as long as they have your correct address 

sit on your hands till they write to you then comeback here

 

do not EVER use email/text/phone again.

 

everything in writing only from now on!!

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Who are the original creditors and do you know if the debts have been assigned or are CQ just collecting?

 

 

Andy


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yes, get as much info as you have together before you do anything.

You say loans sold to CQ- did you receive the notice of assignent under the 1925 law of property act?

also can you  give us a precis of the statement you ahve got from as far back as possible, how much was owed back then, what you have paid and what interest and charges they have added since. They might owe you money and certainly your actual debt will be a damned sight less. Their naughtiness will attact interest at 8% at least on any overcharge so that effectively doubles the amoutn you ahve actually paid over 9 years

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Hi All

 

Thanks for your replies.  The debts were with Liverpool Victoria and I received a letter from them and Capquest stating that these debts have been assigned. I cancelled my direct debit this month but then got scared and made an online payment for my usual payment amount.

 

I have today received a letter regarding the credit card debt that as my debt plan has failed, despite the fact that they had the regular payment but obviously have not checked and just saw that I had cancelled the direct debit they have placed my account on hold for 30 days to enable me to complete a statement of means.  I'm sure I have read on this sitet hat only a Judge can order this form to be completed - is this correct?

 

I'm going to send the CCA forms off tomorrow recorded post but worried that these debts will be enforceable and I really need a small mortgage now to enable my mum to move in with me so I can look after her.

 The debt has increased £1600 in interest and charges, Liverpool Victoria advised me that they can charge this as the debt has been assigned to them - is this correct. 

 

What happens if the debts are enforceable?

 

I feel physically sick with worry at present. Any advice would be appreciated.

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In terms of a mortgage are the debts showing on your credit file still?


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Just now, walkingonsunshine said:

No, my credit file is clear and has been since 2015. 

 

No problems with a mortgage then !

 

 


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But I need to submit bank statements and the regular payments were showing. Hence my need to take action which I admit I should have done years ago when the outcome wouldn't have mattered as much.

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DCA has no right to ask for a statement of means.

 

You have stopped paying them,  in a few months there will be nothing on your banks statements to indicate you are paying them.  It's off your credit file, and if they can't come up with a CCA it's not even enforceable.  


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Thank you for your quick response.  I have just typed up the CCA requests, so might make the post tonight.

 

Just worried about what happens next and they come up with some sort of agreement, as I am assuming that as the debts were sold they have the paperwork.

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If, and it's a really really big if, they come up with something then come back  and show it on this thread, there are people who will be able to tell you if it's enforceable.

 

For the record, Capquest took about 8 months to come back with an agreement for me, that was 18 months ago. The debt is now statute barred, it just goes to show that even if they have paperwork often they won't take any action.


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Thank you, that makes me feel  happier.  I will update you in due course, hopefully with positive news.

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35 minutes ago, walkingonsunshine said:

as I am assuming that as the debts were sold they have the paperwork.

you have a lot to learn

they don't ever have any paperwork when its sold

you are simply one line in  spreadsheet of 10'000 of sold debts they buy in a debt portfolio.

don't forget they are totally powerless legally

and ARE NOT BAILIFFS.

 


please don't hit Quote...just type we know what we said earlier..

 

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I posted the CCA requests by recorded delivery, they were received on 22nd March,

 

I have one letter confirming this regarding the loan but no response from the credit card. 

 

They returned both postal orders in a separate envelope stating that there is no fee for this service, so I know that both letters were received.

 

Am I correct in thinking that, as I know that the letters were received on 22nd March that 12 working days is counted from that date, meaning that I should receive a response on Monday?

 

Should I send a letter  advising that these alleged debts are unenforceable or just have no contact?

 

Regarding the payments that have been made to these alleged debts, can I suggest that these are used as  the full and final settlement against these alleged debts

 

Any advice would be greatly appreciated.

 

Thank you.

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once anyone fails the 12+2 working days deadline , you can stop payment till they comply with an enforceable agreement checked by us.

but no sadly it doesn't mean the debt is over, just they cant demand payment.

 

sadly all you've done by blindly paying is run the SB date to infinity, they now have 6yrs.


please don't hit Quote...just type we know what we said earlier..

 

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Thanks for the quick response. Yes, sadly I realise what I have done now by paying them, still learning from this site.  They have  advised that they hope to reply by the end of April, they would be well out of time anyway.

 

I will update as I get responses.

 

Thank you.

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Capquest won't find the paperwork by the end of this April or probably the end of any April.


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