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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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Capquest SD received **WON**


shedder101
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Reading this thread I had an identical letter from them yesterday as well and I do mean IDENTICAL

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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on part A

 

Capquest Debt Recovery Limited

PO Box No: 413

Fleet

GU51 9AR

 

 

Demand served by

Capquest Investments Limited

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

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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Funny i tried calling BD again today just to make sure and i was told he was on holiday.

 

must work very hard to call other people about debt when your on holiday.

 

I dont think it was him do you

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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well you have your answer

he called back robcab

so how could he be on holiday

Muppet

the reason they do this is do you really think a real person would sign this and open themselves up to litigation

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I know they must think we are all muppets

i dont accept calls from crapquest i dont want to get angry and drop my self in it, best do everything by post a simple Without Prejudice on the top of the letter works well.

O dear found out today mine has a ccj

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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You know, if we all here are going this week to do set aside on crapquest they are going to need a load more staff to deal with all the court cases.

 

we should all therefore be proud to crate work in the present climate and the government should be thanking us for our participation in job creation.

 

Just a thought

 

be nice to your shed :D

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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Sorry if I'm hijacking the thread, but the letter I was promised yesterday by 'Barry Davies' arrived in todays post.

As stated, the dogs are being called off regarding the SD pending Cr@pQuest obtaining my 'agreement' from CrapOne.

I doubt if anyone wants me to post the letter up, but will do so if requested.

Oh, and as others probably expected, although the letter refers to yesterdays " ... conversation with our Mr Barry Davies ..." it was not signed by him :rolleyes:

Cheers

Rob

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same for me at court but i did have to hold the new testament when i read the card.

will be back in touch when i get a case date, to get some advise on what to do next

how can crapquest keep demanding payments like issuing SD and the like when the debt in my case is over 7 years old

is statute barred legal and binding?

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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Yes statute barred is both legal and binding. It is an absolute defence to any attempted legal action either through Civil Procedure Rules or the insolvency rules.

This company needs hammered twice, once through the Courts by virtue of a setaside with costs awarded and then by the OFT,

I do hope that anyone receiving an SD on a statute barred debt makes a formal complaint to the OFT, the practice is obviously still profitable for this outfit which must mean that a high enough percentage of recipients just don't have the nous or the capacity to deal with the SD in the correct manner.:-x:-x

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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perhaps a template letter to the OFT would help, the more sent the more they have to do.

 

thanks for the info Jasper

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 have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 2 weeks later...

I had the same letter from crapquest

but to be honest they have little or no chance to get the original paperwork from this length of time,

i mean i have been in business and you amass so much paper your supposed to keep for 6 years,

i would have needed another warehouse to keep it all in.

how is a bank going to archive all its paperwork we would be awash with it all and at home you keep stuff about for bit then throw it out

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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may be you will think or say am stupit or idiot coz i put all the papers i had or letters from all the creditors in the bin long time ago i kept nothing

Edited by zozz
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no i dont, i got rid of mine years ago as my last contact with them was in 2003 and the wife was nagging about the stuff anyway.

got to be a defence the wife nagging :D

post does that change the set aside then if it has a ccj

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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you bet it does

this is now subject to a court order, not the cca

there is no such thing as an agreement as soon as the ccj was granted

ONLY AN ORDER OF THE COURT

LISTEN PEOPLE

IF YOU RECEIVE A STATUTORY DEMAND AND ALL READY HAVE A CCJ, THE ONLY WAY TO CHALLENGE IT WOULD BE TO DO AN APPLICATION TO SET ASIDE THE CCJ

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  • 11 months later...

I received a SD from Crapquest and had to go to court and got it set aside for a statute barred debt amongst other things

the company listed CAG in their statement as false information but i still won,

didn't get costs but got the satisfaction of winning

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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  • dx100uk changed the title to Capquest SD received **WON**
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