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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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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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