Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Capquest/drydens PAPLOC - capital on tap/New Wave Capital Card debt Personal Guarantee debt


MOSS 41
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 555 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

sar to the OC will let you know the cards capquest (arrows) might eventually hold, then you are more prepared.

 

yes ofcourse they have to be able to substantiate how the sums are accrued, but with no sight of a compliant PG, that will be the least of their worries...:bounce:

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... 

Link to post
Share on other sites

depends i have two companies - one refuses to send SAR reported to ICO, but i still need the data and cant do anything without it 

 

another company responded with long email of how they use my data, but no documents whatsoever- so having to SAR again- as i need the information

 

companies are refusing to send! they are playing hardball, its like ICO aren't in the office or enforcing things 

Link to post
Share on other sites

  • 3 months later...

Capquest - been ignoring for ages as refuses to supply signed docs and statement of account 

finally supplied a list of transaction they say is from original creditor , but just an excel list of 29 transactions , no title , no account number , 

no headings

literally just a list of numbers on a Capquest paper - with Capquest small print in the footer .

obviously , I can see there is nothing to tie this list of numbers to me - 

im looking for a good paragraph to send back 

like *
Thanks for a list of numbers you have typed with no references ,

titles, account numbers or anything to show this is an original creditors statement , this is not my statement , and has not been provided by the creditor on creditor paperwork I j the format of a statement -

 please provide as required the original statement as required by ..........

can you help ?

 

Statement.pdf

Link to post
Share on other sites

like you dont reply at all

what the debt looks like a loan 

who was the oc?

is it on your credit file?

what is the defaulted date?

 

i will guess you've already sent a CCA request etc?

why if it wasn't a letter of claim did you ever bother responding?

 

then we'll get this off to it's own topic as you quite rightly say its off topic and shouldn't be in this thread

 

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... 

Link to post
Share on other sites

I have found the old thread - I’ll post any more comments there - 

 

it’s unregulated business credit card , not on personal credit file - original creditor capital on tap sold to Capquest, may last year , not been chasing it much as I keep asking for a statement and they don’t supply , now this excel list of transactions , with no details 

 

just got to dig up the old thread 

Link to post
Share on other sites

  • dx100uk changed the title to Capquest- chasing capital on tap/New Wave Capital Card debt Personal Guarantee debt

done for you.

 

until/unless you get a letter of claim you should be ignoring!

 

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... 

Link to post
Share on other sites

Ok - when I ask for statement it puts it back in complaints dept - and they leave me alone for about 6 weeks at a time , then the cycle starts again 

 

but at least they don’t ring or write 

Link to post
Share on other sites

  • 1 year later...

hi

cant find old thread, had a capital on tap business card (new wave) defaulted dec 2019, quickly sold to Capquest, capquest then arrow were never able to prove the debt

or provide a statement with losses, even admitting one doesnt exist after i complained (probably why it was sold on by original creditor)

 

that was beginning of last year, now they say its been transferred to drydens solicitors, in a letter i received to day, so what can i expect 

i really thought this had gone away , without any proof of loss they cant go to court surely?

and they 'own' drydens, so its hardly been transferred out of arrow

 

 

Link to post
Share on other sites

just click your username

 

threads merged

now go read from post 1

the answer is posted numerous times.

 

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... 

Link to post
Share on other sites

  • 1 month later...

hi- i know the information is to ignore drydens, so dont hate me

 

but i have proof in writing- sent to Capital on Tap i refused to give a personal guarantee and refused all consent etc and there is no creditor statement , proof of loss admitted by earlier correspondences

 

so when drydens (docs moved desk)  took over , i said its harassment now after three years dont contact me unless provide statement of loss and IP address of where and whom signed a (typed name) document on which they claim after this express refusal in writing evidenced as it would be a forgery by that internal person.

 

just got a letter saying, due to covid we dont do hard copies we have the documents/information requested but must register and logon to our portal

 

is this just a lie to make us logon with our personal details, as capquest and arrow always responded in writing or hard copies to say of things didnt exist- is this just another tactic i can ignore?

 

i refused offer of agreement in writing-no acceptance

the express written refusal to sign and provide a personal guarantee means i can demonstrate no intent

i didnt sign any document at all (they've newly created one back dated to 23 july 2018  with my typed name and cant provide any evidence i signed it)

 

 

 

 

Link to post
Share on other sites

Until or unless you ever get a letter of claim from them, hold that as your ace card and totally ignore everyone.

 

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... 

Link to post
Share on other sites

  • 4 weeks later...

Got a paploc

today -

going to wait 20 days until I answer,

 

they haven’t answered my complaint haven’t  provided documents asked for 

 

just did a one line typed total of amount owing - and called it a creditor statement lols -  which it isn’t 

capital on tap already put in writing one doesn’t exist earlier last year 

 

I have all the written evidence and emails sent at time that we refuse to sign and refuse to give personal guarantee - very clear and specific 

 

the document they rely on was only created at start of this chasing action and they (capital on tap or Drysden’s ) appear to have typed my name at bottom - never been seen or provided, without my knowledge or consent (expressly refused in writing) 

which means it’s a forgery in simple

terms I guess - 

 

I don’t see how they expect to move forward with action , with no creditor statement to prove loss - a

forged document as I gave 

express written refusal to sign - and certainly did not do so and have never seen this ‘new’ document 

 

 

capital on tap would have sued 

me themselves easily if a real PG was in place -

not sold on two years ago 

Link to post
Share on other sites

Reply as before..

Reason.. The claimant to date has failed to supply all the necessary documentation.

 

ensure the list lower down  includes signed personal guarantee

 

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... 

Link to post
Share on other sites

They have provided a ‘new’ document with a personal guarantee box at bottom and put my typed name in -

 

all dated well after my emails expressly 

refusing to sign it and carry on - 

 

to quote my emails said 

“I refuse the product , I refuse to consent to a a personal guarantee and you do not have my consent to move forward or apply my name to anything, I do not accept product and will not give a personal guarantee “ 

 

so they have provided this document but I did not sign - or have ever seen it before until this action 

 

but this is what they rely on for a signed guarantee - clearly made up internally by someone they won’t give me the name for 

 

I guess this all

just goes in my defence 

ie 

- I did not sign it , I said I wouldn’t , they won’t tell me

who created it later on - basically forged my signature on to it (typed) 

Link to post
Share on other sites

He we seen all these new post date online pers guarantee sign up docs yet?

 

if they are latterly faked, and you have these earlier emails whereby you say you refuse a PG, you are home scott free.

 

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... 

Link to post
Share on other sites

my emails are dated 10th july 2018- refusing to sign etc

 

they recently provided the forged doc dated 25 july 2018, which has never been seen or sent to me before - i checked all email trails and they refuse to supply evidence it was sent to me  (because they have literally created it)

in fact i never log on to their portal again to drawdown or use card according to my evidence/emails

Edited by MOSS 41
Link to post
Share on other sites

By they you mean the original creditor.

 

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... 

Link to post
Share on other sites

im surprised the original creditor is sending faked documents constructed after the agreement date.

you sure they are not via a reply from capquest.

 

 

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... 

Link to post
Share on other sites

It’s from capital on tap ,

interesting though - 

there is actually a blank box 

it just says signature of xxxxx

and blank space on right - which is where I think you should sign 

 

where as there signatory space says 

signed by xxxxx 

Link to post
Share on other sites

  • 1 month later...

So paploc reply date came and went 

 

re iterated in reply (to paploc) 

 

i wanted

1)notice of assignment 

 

2)

proper statement of account -as none ever been provided despite repeated requests 

 

3) IP address of who created a false document 23 July - a month after I placed in writing, I refuse to personally guarantee, I refuse to sign a guarantee and I do not consent for any of this to happen 

 

 

suprise, surprise 

1) ignored nothing received 

2)they say there isn’t one and it doesn’t exist as confirmed by original creditor

3) ignores - not sent me anything or responded. 

 

‘but please feel

free to get in contact to organise arrangement to pay the business debt’

 

 

so I just go back to ignoring them I guess -

the constant letters - 

As I said I’m happy for them to take me to court use unless, strike out orders for the information that is necessary And put all this evidence in front of a judge 

 

I absolutely didn’t guarantee this debt , refused to do so in writing that they can’t even prove with figures or a statement 

Link to post
Share on other sites

  • dx100uk changed the title to Capquest/drydens PAPLOC - capital on tap/New Wave Capital Card debt Personal Guarantee debt
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...