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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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Capquest and barclays loan debt issue


Zozz
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thats fine

 

you signed the statement of truth

 

you did swear an oath, thats the paper you read

 

the witness statement would be the 6.5 form you signed

 

just wait for a hearing date now

 

let me know when you get a letter from the court

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  • 2 weeks later...

Hi all just subbing in. I am not as knowagable as post but i can help were necessary.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I received this morning letter from the high court of justice

it says upon the application of mr me to set aside a statutory demand dated 20th of may 2010.

 

And upon reading the evidence IT IS ORDERED THAT this application be dismissed AND IT IS ORDERED THAT the creditor CAPQUEST DEBT RECOVERY be authorised to present a bankruptcy petition on or after 15th of june 2010.

 

DATED :4th june 2010

 

Reason for dimissing this application

The debt is judgment debt to which paragraph 12.3 of the practice Direction Insolvency Proceedings applies.

 

Something else

i applied for the set aside in 3rd of june ,

the judge made his decision in 4th of june ,

the disimesal letter printed in 15th of june

i received it in 16th of june

 

can please any one explain to me whats going on with many thx

 

What i dont understand can the judge make a decision with out my presence and with out a hearing?

 

When i called the edmonton county court and asked them if they still dealing with bankruptcy matters they told me no only in the high court and what the judge means by a judgment debt?

 

can they decide with out the originnal copy of the cca?

 

please advice what i have to do now with many thanks:(:(

Edited by zozz
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was this debt already coverd by a CCJ initial'y, thats how i read that section of the legislation, if so i can expect the same when mine comes back

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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thx 42man so what are my options now

 

to be honest i never recieved any thing from county court if they made a judgment against me the court wont sent me a letter or any thing?

 

if u go back to the begening of this thread you will find that i did mention that it by the judgment of the edmonton county court. i will copy it to here u can check it again.

 

i will be very gratefull if any one can advice me what to do

 

i received a statutory demand under section 268(1)(a) of the insolvency act 1986 from cap quest in behalf of Barclays bank plc.

 

i took the loan in may 2002

after a couple of years me paying the regular payment by direct debt my financial situtation became very and i did not make any payments for the past 4 and half years or so ,

 

is it true that any loan or credit cards prior to April 2007 not enforceable?

and what i have to do with the statutory demands

 

any advice much appreciated. by judgment of the Edmonton county court in processing entitled claim****.

 

to obtain a ccj against me from the county court capquest

do they have to present a true copy of my cca to the court?

 

does that mean i have no chance?

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would capquest now go ahead with a bankruptcy now the set aside has been denied considering the costs involved and they don't know what your asset value is and you could offer 1 -2 - 5p in the pound as settlement say 5p in the pound on a 8000 debt would only realise 400 and it could cost them 1800 to start the action

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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I don't think they would, due to the cost, no paperwork ect. if they did with me i would put everything i had on finance or past debt on to it then offer 5p in the pound and come out a winner, it happened to a mate of mine and he paid 2p in the pound and they had to accept it he felt he had won and his life is back to normal now

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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to be honest with u shedder i dont know coz when i sent a letter to capquest requesting a true coppy of my cca they reply to me that they order it from the original creditor and untill they recieve it they have no intention to proceed with the bankruptcy but i dont know when the judge decided to dismiss the set aside if he sent a coppy to capquest about that and informing them his blessing to go ahead with the banckruptcy

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good evening post my bro from the begening i put down in the thread here exactly what was written on the letter from cap quest and i already told u bro that i know nothing at all about the legal procedure here honestly , if i didnot understand from the first time what they mean by edmonton country court judgment and i did not know that it means ccj am very sorry

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  • 11 months later...

Hi

To save me from trawling the forum, can everyone who has subbed to this thread AND who received an SD please sub to this thread and give a brief synopsis

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

 

I need to know if you went to court and got it set aside or whether you ignored the SD and finally, if you lost

 

Thanks

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 6 years later...

Hi and very sorry to trouble you guys again

its the same story for this thread which i started it in 2010

 

still from that time after the court refuse to set aside this case

I never got in touch with capquest or any debt collection agency

 

i do receive a letter from them once or twice a year

i had ccj on this case more than 8 years

 

so far and no further action has been made and no payment or correspondent from my side

 

they sent me letters once or twice a year but never responded to any letter

 

yesterday i did receive another letter from capquest offering a reduction of 40 percent

the full is 8956.84 less 40% which means to pay them 5374.10 with time limit

which is to make payment before 23 april 2018

 

any advice please where i stand from here and what are my options

 

is it statue barred after more than 8 years from the ccj

beside this debts been purchased from barclays by capquest

 

please any one to advise thx

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ignore them

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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  • 1 year later...

Hi and sorry to trouble u guys

am after an honest advice

 

i had a loan from Barclay bank in 2002 £10k for 5 years

i paid the first 2 and half years the amount required with no problems until i lost my job in 2005

 

i contacted the bank to make some arrangements with them

they refused after they start charging me interest and filed a claim against me in the county court 

 

then i got ccj from the court in august 2005

i started  dealing with one of the debt coolection agencies for almost 8 month and was paying 10 a month

then the debt was passed over to a  debt collection agency called capquest

i never answered them

 

i moved out from my address on june 2013 to another address 

i never heard anything

 

recently last month i started getting calls from capquest again

i never answered 

i am wondering how they got my number

 

today i received letter by post from capquest 

i dont know how they got my address 

they are offering me 50 percent discount

they are asking me to pay almost 5000.

 

 My question

the last time i paid was in 2005

after that i never paid a penny

its almost 13 and half year since the last payment

around the same time from the county court judgment

 

what will happen can they still force the debt against me?

Thank you for your advice

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Site team member @dx100uk will be along soon.

Just do whatever he suggests

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Just remembered

i got another message from capquest back in 2010 and posted here for advice 

 

one of the gang said to me to ingnore them which i did

thank him alot for his advice

now after 9 years i got anothet letter from crapquest

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