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    • Okay lets summarise as this is getting a tad messy.   Claimant issues two claims:- 2 separate claim numbers   Claim 1 JCF v both of us for our ltd company xx ltd- Claim 2 JCF v just my husband  his ltd company yy ltd Claims are dated xxxxxxx ? Particulars of claim identical ?    Claim 1 is progressing normally and at Disclosure stage......full particularised defence submitted. ....N265 exchanged....Statements yet to be filed and served. Claim 2 was progressing normally but now claimant has made application for Summary judgment.....minimal defence submitted by Solicitor.   Claimant/Court failed to serve copy of application and evidence in support Court informs you they also failed to serve any evidence with court re their application.   Hearing date has been set for application dated xxxxxx ?  Hearing will be remote by telephone but the claimant cant use any evidence as it failed to submit or serve.   Have you scanned / redacted and uploaded their N244  here to your topic ?    
    • well at some point a DN has been issued, if was issued late, is sadly of little importance.   why dont you sar both of them...    
    • If the judge agrees that they are responsible for the consequences of the poor fitting – then yes, the judge will most likely award the entire amount of £480. There are two things to persuade the judge about: that the gasket blew as a result of the poor installation of the turbo that the cost of the work replacing the gasket was not excessive – in other words it was a reasonable cost. Of course we will support you in that we will give you advice and help you prepare – but of course at the end of the day the case is yours to win or lose. You know that we are thoroughly on your side. As I have said already, it will really help a great deal if you can get some garage mechanics to agree that the poorly fitted turbo would be likely to result in a blown gasket. If you have got the evidence – the old gasket and the bolts – then that will be very helpful. But you will have to do a good statement – and do some pictures. The way to do this statement would be to describe what has happened and then when you come to the turbo, for instance, you put in brackets (picture number one). When you come to the bolts, then you do the same thing (picture number two). Et cetera. That way you have a concise readable statement which references the pictures which should be stapled to the back of it. Also of course you will produce the bolts and the gasket in court. I think what will also be very helpful is the fact that the garage attempted to avoid you and to refuse to deal with you. I don't think the judge will be very impressed by that and this will assist you a great deal.  
    • seems more and more confirmed that Trump appointees delayed and restricted Capitol Police and National guard efforts to address expected Trump(Orange)/white supremacist attack on Capitol Hill     https://www.nytimes.com/live/2021/01/26/us/biden-trump-impeachment
    • there is no template but as you say you saw the FTMDave reply ...
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

CapQuest/drydens PAP LOC - old Cap1 Card debt


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Lowell are trying the same thing blaming Covid 19 and postal services as a way to avoid their duties pursuant to section 77/78/79 of the CCA 1974.

 

The Consumer Credit Act 1974 unfortunately makes no allowances  for COVID 19 or DCAs staff being furloughed and working from home :becky:

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 1 month later...

Recieved a letter from DrydensFairfax this morning it reads....

 

This is a letter of claim sent to you in accordance with the pre-action protocol for debt claims,blah blah blah.We are instructed by our client Capquest in relation to the above debt.If you do not provide proposals to repay this debt,or respond as otherwise detailed in this letter and it's attachments,legal proceedings may be issued against you in the County Court.Blah blah blah.

The agreement this debt relates to was entered ito between you and Cap One on xx Nov 1998.

A copy of the agreement can be requested using the reply form.

 

I guess they have forgotten I am STILL waiting for a copy that I requested over a year ago 🙄

 

Still, more paper for lighting the fire :)

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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1 hour ago, Americanmuscle said:

Still, more paper for lighting the fire :)

 

no you must respond as post 2 in the above thread andy posted.

 

dx

 

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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19 minutes ago, dx100uk said:

 

no you must respond as post 2 in the above thread andy posted.

 

dx

 

I will do,  I requested a copy of the CCA over a year ago and to date have not received it

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Then I doubt they will be able to comply this time...but requesting a section 78 and complying with PAP are two very different things.....if they proceed to litigate and issue a court claim...the first point they will make is that you never responded to their letter of claim.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Just to confirm, on the PAP paperwork under section D where I dispute the debt I simply put...I have requested a true copy of the original CCA from Capquest. ?

Or do I need to add anything else?

 

And then under section I, I simply put the same as section D?

 

Thanks

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no you follow our guide on that thread as in what post 2 states...

 

your additional reason from your thread bit... i'e what we have stated here could read: despite repeated  requests ....has yet etc..

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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  • 2 weeks later...

Letters posted (with proof of postage) to both Capquest & Drydens on Jan 11, letter received today from Drydens..

Thank you for your recent request for further information.Unfortunately our client has been unable to provide a copy of the Credit agreement at present.

Despite the above, the balance remains due and owing and it is imprtant that the matter is addressed.

 

It has been over 12 months since I previously requested  a copy of the CCA so I will wait a further 6 (working) days which will be the required 12 + 2 days for Capquest to respond

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Then do nothing

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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If you wished to have a bit of fun......

 

Thank you for your response unfortunately until such time your client is able to provide a copy of the agreement then the matter will not be addressed.

 

:becky:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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