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    • OK - thank you. I understand the concept of LIP, and the need to keep my claim as simple and straightforward as possible. The legal arguments presented in what I called my skeleton statement were already in the original template I downloaded from this site. In that document I opened with "I am not proposing to set out the sequence of events." Might it be worthwhile for me to include a very brief timeline at that point, which would perhaps then allow it to become my witness statement? Or do you consider two separate documents are required? 
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    • And incidentally, the really important part of this is that when you go to court, you are totally thorough and fluent not only with the facts – but with the effect of the legal points you are arguing. The facts are broadly not in dispute but the legal effect for instance of either having insurance or not having insurance. Of requiring insurance – these are the things you need to understand fully. Preparing your court bundle and eventually refining it bit by bit is terrific revision for you and will put you in control but also understanding its content fully and being fluent with its pages in the position of every point you are making is also essential.
    • Skeleton argument/witness statement – it's just a matter of terminology and we don't need to make an issue of it. Actually the three-page document that you have posted first of all and which you have called skeleton argument – is a witness statement which would be attached to the bundle which would be part of your indexed court bundle. I haven't looked at it in detail get or how it supports your claim or how it addresses any of the points made in the defence. I'll have to do that in the next two or three days. But for the moment, it looks fine. You have posted a second document which you are describing as an anonymized witness statement and as far as I can see, I agree with Cagger @jk2054 that much of your circle witness statement is a bit of a waffle and contains irrelevant information that you haven't remedied it in your final version which you say is chopped up. Also, you have received a suggestion of a template from Cagger @jk2054 and although this is going to be confusing for you, I don't think you should bother to use it. It is far too formal. You are a litigant in person and you need the flexibility of fully informing but informal documents which is what we are providing you with. We are suggesting models which we have been using over many cases and they all succeed in some them have been, complemented by the judge for the effectiveness and their clarity. You are litigant in person and one of the things you need to do is you need to have the judge on your side and helping you if necessary and this means that you don't want to start acting or talking or writing as if you are some kind of lawyer – you aren't. Being a litigant personage a certain sort of leverage and you should exploit that. The templates that we are suggesting to you are still not the templates that a completely un-advised person would use but they are still thorough. Stick to them. I suggest that you follow the advice given by the site team here and avoid confusion by switching horses. So for the moment I would suggest that you stick to your original skeleton argument – which follows the format that we have been using on this forum. We do like to see the fully prepared bundle please. I think there should be a next step. Have you got hearing date? Have you got a date for filing your bundle? In fact I have just looked back and I see that your filing date is 8 July. That's fine
    • First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject. You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle. Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious. In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes. I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost. You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive. Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point. I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose. How long is it not been driven? Why is it not been driven by your son? Didn't you planned for the more expensive insurance premium before you bought it? I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it. Please be completely level with us and tell us if this forms part of your reason for wanting to return it. We need to know everything – straight dealing – so we can help you in the best way possible. Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose. In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them? You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost. It will be nice not to have to cross-examine your every detail. It will save a lot of time. Please have a look at this post carefully, discern the questions and address each one please.
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      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.
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Backdoor capquest 2007 CCJ for old CAp1 Debt being chased by Capquest now resolvecall


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Well after 13 years of no communication with any of my old creditors/ DMC's,  today I had a call from Capquest about a Capital One debt!!!

They said a CCJ was registered in 12/07.

I didnt acknowledge anything, I merely obtained a reference and postal address.

Section 2.4 of The Limitation Act states no action can be taken after 6 years. 

Am I correct and what's the best letter to send them?

Thanks

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Hi,

No, I did not, I made sure of this. 

I want to send them a letter (and advised them this on the phone) but not sure what to send them!!!

I set up my own Ltd company in March 2019 and the registered address was always my accountant.

When I changed accountants in May this year I needed to give an address in Wales (I now live in Northern Ireland and it couldn't be used apparently), I changed it to my dads and obviously this is available through Companies House.

They have found his number this way I think, but I may be wrong lol.

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  • dx100uk changed the title to Backdoor CCJ for old CAp1 DEbt being chased by Capquest after 13 years

The CCJ was issued in 12/07, the address was an ex-martial home that was empty.

 

I did not go off radar, my circumstances led to no fixed abode for a good 3 or 4 years.

 

There was no way I would of known the CCJ was issued.

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Thank you.

As an update,

I did a Trust Online search which came up with nothing obviously.

I then rang Nottingham County Court and they said that as its so old they can't even give me any details as they changed computer systems and they don't/can't get any details on the CCJ even if they wanted too.

Capquest doesn't have a hope in hell of enforcing the CCJ unless there are extreme mitigating circumstances. They are most likely trying their luck in you being worried enough by the letter to pay without question.

Thanks. I will update this as it moves along, which hopefully won't be far.

  • Thanks 1
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  • 4 weeks later...
  • 2 years later...

Hi,

I received a text message today saying to make contact or will visit home address.

I have sent an email to their enquiries email stating that I know no business nor acknowledge any accounts under their name and could they please provide a reference number in that I may send a formal letter to them.

If they have my address I have not received any mail?

Any debts I had were last paid/acknowledged in 2007, some may have CCJ's against them that I understand would be difficult to enforce as no enforcement was taken on them in their 1st 6 years, nor since.

I dont want them to just turn up and appreciate that previously all I should do is make sure they have my current address but what do I say if they do turn up? i would rather send them a prove it or SB letter to avoid having conversations at the door, i suffer from anxiety and would crumble face to face.

Any help appreciated 

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So in theory, then the dca has no powers whatsoever with regards to trying to enforce the CCJ.

I know they have probably brought the debt for pennies and just chancing their arm to make some money back.

They could, however, apply to the court could they not to enforce the CCJ from 2007?

Edited by Wonderwall1
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Hi Folks,

May I ask a question please?

I am unsure what address Resolvecall have for me and want to ensure I receive any correspondence from them (which will go unanswered of course).

They could have 1 of 3 address and one of them is my elderly fathers (86), 2 is my mother in law and finally 3 is my current address.

Would I be in any danger of writing to them to advise my current & correct address and if so how would I word it?

I just want to make sure my father or in laws are not at the receiving end of a door knock from them, its not fair on them. The earlier letter, and in fact the only letter received from any DCA in the last 15 years was Capquest ( who  Resolvecall do work for I understand) who wrote to my in laws address.

That letter was returned to them by me a few months back recorded delivery stating 'not known at this address'.

Thanks

Edited by Wonderwall1
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1st letter from Capquest. 2nd from Resolvecall.

 

1st Letter:

Your account will now be managed by Resolvecall Limited

We are writing in relation to your account, with which the balance of £xxxx remains outstanding.
We note that you have yet to contact us to discuss a suitable repayment option for your account. Your account will now be managed by Resolvecall Limited, a debt collection agency who work on behalf of Capquest Debt Recovery Limited and are also authorised and regulated by the Financial Conduct Authority.

Resolvecall Limited specialise in visiting customers' properties to help engage and enable a discussion with you on your current financial situation and agree an affordable repayment solution. They will contact you regarding payment of the outstanding balance and manage all contact and correspondence moving forward.
Please be reassured that they will write to you in advance of any visit to your property, providing a timescale of when the intended visit will take place, and providing you with the opportunity to call them and discuss your account over the phone ahead of the visit should you prefer.

For all future questions and support, please contact Resolvecall Limited directly.

Yours sincerely,
Capquest

**************************************************************************************

Resolvecall Reference 
Client Reference 
Amount Due: £ 

Re: CAPQUEST DEBT RECOVERY LIMITED

We are acting on behalf of CAPQUEST DEBT RECOVERY LIMITED who have purchased this account from CAPITAL ONE and have been instructed by them to assist in collecting the outstanding balance on this account.
You will have previously received a letter from CAPQUEST DEBT RECOVERY LIMITED instructing us.
Please contact Resolvecall immediately upon receipt of this letter to discuss your account and enable us to understand your present circumstances and reach an amicable solution that meets your present situation.
If we don’t hear from you within 7 days your account will be passed to our home visit team to make a personal visit to your home, our agents will ensure all relevant social distancing guidelines will be adhered to.
Please contact Resolvecall on 0141 212 8470

 

Letter on its way to Capquest. Thanks everyone for your help.

 

Hi,

Is the below ok please?

 

 

Capquest Debt Recovery

Belvedere

12 Booth Street

Manchester

M2 4AW

Ref: xxxxxxxx

Date: 6/11/23

 

Dear Sir/Madam,

 *WITHOUT PREJUDICE*

 I refer to the above reference number that you have recently supplied.

 Please note my correct and current address, no other address is to be written to and you must remove them from my file.

 You must also remove all phone numbers for ANY address including any mobile numbers that you have, you must also remove all email addresses you have related to me.

 You may only make contact through writing to the above address, no other form of communication is to be used.

 I request this under The Consumer Credit Sourcebook rules.

 Yours Sincerely

 

 

Edited by Wonderwall1
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Yes, I have reference numbers, I will remove the WP.

I wrote 'request' as thats what you suggested lol.

I note reading through some old posts that people have sent the SB to Capquest only for Capquest to reply saying 'send to Resolvecall as they are now managing this account'

It doesnt seem Capquest want to deal with any letters/requests but I dont want to converse with Resolvecall in any shape or form.

 

 

 

Edited by Wonderwall1
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  • dx100uk changed the title to Backdoor capquest 2007 CCJ for old CAp1 Debt being chased by Capquest now resolvecall

I didnt know it was Cap 1, I clicked on the link in the Resolvecall text message tonight which produced the 2 letters and I was able to confirm.

So I just send the letter to Capquest stating my address and thats it?

Thanks

 

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I have no intention of dealing with RC. I wonder if the CCJ was given to Capital One or Capquest?.

Capquest are obviously the owner of the debt now with RC 'assisting' them.

I will send the letter to Capquest ensuring they have my current address, at a minimum it will prevent any visits to the other addresses.

Obviously if Capquest want to try and enforce the CCJ I will find out one way or another.

Thanks for all your help, it is really appreciated.

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Yes, I do read them, I meant I will find out one way or another , i.e by letter, I should of quoted court.

I cannot do anything else really other than wait to see if Capquest try that, maybe they will after I confirm my current address but like you say its been 16 years.

It seems as if I will have to swallow a visit from RC at some point but I will not confirm any personal details, they will probably knock on my neighbours doors as others have said they do but hopefully they will advise Capquest that I am a not going to be an easy egg.

I have a Ring door camera and will clearly state to leave & not return, I am also tempted to pass them a Removal of Implied Rights of Access letter to leave with.

Edited by Wonderwall1
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Not quite sure how to take that reply dx.

I have found all the info helpful but this is the 2nd time that I have felt slightly aggravated against for posts I have made when all I seek is support.

Its easy to just say 'forget about it'

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Update.

Email below from Resolvecall advising no longer dealing as account returned to Capquest.

 

We refer to the above account which was passed to us for collection.

Our client has requested that we return this account to them.

As we are no longer dealing with the account we request that no payment is made to ourselves. If you have been making payments please ensure these are cancelled.

If you do have any queries you can contact us on 0141 212 8500.

 

Collections Department
Resolvecall

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