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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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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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