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monty2000

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  1. Im not happy disclosing personal details on here. could someone just advise on the question?
  2. Hello, could someone please offer some advice. I received a ccj claim from the ncbc for a claim from Restons solicitors on behalf of their client capquest. I do not recall the debt what so ever. allegedly a catalogue. so i acknowledged the claim in order to give me time to file a defense. I sent restons a request for documents that they mentioned in the particualrs of the claim under cpr 31.14. first one got lost so sent another, they received this on 18/07/17 I asked that the request was carried out within 7 days. this has now passed also sent a cca request to capquest, to date still nothing received. as they haven't replied to my request where do I stand filing a defense when when i cant even see the documents they intend to rely on, its absurd in my opinion. obviously the clock is ticking as i filed the acknowledgement on 11/07/17. as im new to this any advice would be appreciated
  3. looking at theparticulars of the claim, after 2007. not sure when payments ceased as idont recall the debt dont knowthe last payment as i dont recall the debt
  4. there as certain questions i dont know the answers to as i dont recall the debt. i dont think i missed any which i could answer
  5. Name of the Claimant ? capquest Date of issue – 07/07/17 What is the claim for – 1.The claimant claims payment of the overdue balance due from the defendnat(s) under a contract between the defendant(s) and shop direct. dated on or about **/** 2010 and assigned the claimant on **/06/2013. 2. PARTICULARS a/c no- ******** Date Item Value 06/03/17 Default Balance 1700 Post Refrl Cr NIL What is the value of the claim? 1700 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CAT DEBT When did you enter into the original agreement before or after 2007? Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? I havent received any default notices to my knowledge Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I hevent received any statutory notices Why did you cease payments? What was the date of your last payment? Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?
  6. ok. would i be better off sending them a request for the documents under CPR 31.14 instead then?
  7. why wouldnt i respond, when some bottom feeding lowlife is sending me letters demanding money? I have nothing to hide. Im not a stupid person and If they think they are above the law which they aren't they will be in for a surprise unless documentation is provided on or before the potential court date. thanks for the info though, its interesting to know you can take anyone to court by blabbing any old crap on a claim form
  8. so what you are saying is the pre action conduct protocol along with part 18 of the practice direction have no meaning or purpose and solicitors dont have to follow them? if they complied with my requests instead of them turning into letter tennis as you so put it, it may have never had to go to court. But i be damned if im accepting some numbers printed on some paper as proof of debt that i do not recollect.
  9. not sure what you mean. i do not acknowledge or remember the debt. which is why i want proof and why i carried out the pre action conduct protocol letters not pointless imo
  10. after some advice please. I am having problems with Restons solicitors who are pursuing an alleged debt that I owe to Cap quest. They ignored any requests for further information stating they didnt have to provide anything and that my letters had no legal meaning. shortly after they then threatened legal action, I then carried out the pre action conduct protocol to which once again they would not provide any documentation that I owed the debt and that my letters had no legal meaning. One of their letters did contain a couple of points, stating OC, Balance, when the debt was transferred etc. But they blatantly refused to provide me with any documents. They have now commenced legal proceedings against me though NCC Bulk center. Im unsure whether to apply to apply to have the claim stayed for non compliance of the pre action protocol, but am unsure if what they have done is sufficient by then simply stating some apparent particulars with no documentation to back it up. or do i defend the claim & carry on with another request for futher information under cpr18 asking for evidential proof once again. any help would be greatly appreciated
  11. so essentially there is no point in my wife making payments too them for a new account if they can and are going to chase me for the full year?
  12. I'm after some advice if possible. in my stupidity I haven't being paying my water charges. about 4 weeks ago I received a letter from the county court for welsh water charges from 2016-2017. My wife immediately opened a new account from 18th Nov and has made a monthly payment. I replied to the court with a part admission for the charges from April 2016 to Nov 16 as my wife had opened an account and was making regular payments, I also supplied the new account number However I have received a response from welsh water that they have denied my claim for part admission. are they allowed to carry on with the courts for the full amount for the financial year, as they will essentially be getting paid twice from 18th Nov for water charges at the property.
  13. just to update this thread they dropped the allegation after we appealed it. even though an officer called around and said to my partner she had been found guilty and could admit guilt to him instead of going to court. She told him, okay we will see you in court. Couple of days later a letter came stating there was insufficient evidence to support the offence and no further action would be taken. I confronted the local benefit fraud team via phone who said "oh sorry we must have made a mistake we shouldn't have called" what an absolute joke. the benefit fraud team are bullies who will try anything. moral of the story if u aint done nothing wrong take no rubbish from these jokers and fight your case
  14. Hi guys, After some advice. Back in march this year, I got my own home insurance, I put my foot down and had all the DLC taken off my items, which bright house didn't like at all by the way. they made it as awkward as possible. Had to be done on a Saturday and had to speak to the insurance company, even though I had the certificate. Today I have received a statement and have noticed the 2 items I had have been refinanced which is ok. But the dates made me suspicious. It states 116 weeks commencing 25/03/13 (which is when the dlc was taken off and they were re financed) The agreements were for 156 weeks. Which works out they are saying I took an agreement approx. 18th June 2012. I know for a fact this is wrong and I took the original agreements out in March 2012. so 3 months have been added on in my eyes and im horrified I cannot find the original agreements. Only thing I have really is card statements where I have paid by debit card. I haven't spoke to them yet. Is this legal what they have done? can I do anything about it? can I have them prosecuted or be compensated? as this is wrong and I am willing to take it all the way any advice would be greatly appreciated before I get on the phone to them tomorrow
  15. to summarise this thrad i tried applying for a another car on finance before contacting blackhorse to return the car & the interest was ridicolous cash price was £7000 & with interest it was over £12000. i am paying no where near that on my current car. so it looks like if you return a car using the half rule you will either get refused or pay stupid interest???
  16. After a bit of advice please guys. My mum got me a car on finance (hire purchase) nearly 2 & half years ago. The finance is in her name but the logbook is in my name as i make the payments via her bank account & i pay the insurance, tax etc I have been reding about returning the car under the half rule. There is nothing wrong with the car & i havent missed any payments, i just want something different. & the car is getting to an age now where it doesent warrant the payments i make. I just want to return the car & look at getting another one on finance. Which may well have to be through blackhorse again. If i go down this road would blackhorse give her (me) finance again? as ive read finance companies do not like people doing this. or would she possibly get finance with a better company with lower rates. Im just worried if i send the car back & she cant get finance for me again ill be stuck without a car. any help/advice would be greatly appreciated
  17. I posted on a thread the other day regarding claiming back an unlawful late payment charge the other day as i forgot to make a payment last week and was charged £12 for a total of 4 agreements. I thought bugger it today and me & my partner went down to the store in Swansea with the correct amount for the items only for last week & this week and simply refused to pay the charges. I told them what they are doing is unlawful & punitive and what they were doing was absolutley disgusting as we never have missed a payment before. Unfortunatley my partner has been with them for 4 years or so. The very nice unhelpful lady behind the desk said "sorry but you have to pay it". My reply was take us to court over £12 if you wish then as all you are getting is the 2 x weekly payments. She soon backed down & phoned the area manager who agreed to remove the charges by coinsidence. Dont back down from theese intimading people! I got my own way in the end.
  18. hi steven could you post a template for requesting to have the late payments refunded to Brighthouse please
  19. hi guys just after a bit f advice if possible please? Me & my partner have been living together now as a couple since march 2010. We went together partly because a fraud investigation case & we were thinking of getting back together anyway. Me & my partner had a child together in 2006 after being together for a year or so. But things didnt work out during the pregnancy of my son & we split up. But in July - August 2009 we started seeing each other again and i visited her property quite often to help with my child as he has behavioural problems & we were working on our relationship. She had also since then had a child with someone else which didnt work out & they had splt up. My partner (which wasnt at the time) in march 2010 received a letter from the fraud investigation team to attend an interview for having a partner living with her. Before we go any futher i would like to say that i used my partners bank account for 9 months or so before the alledged offence as i cannot obtain one myself due to bad credit. (which i can prove). She done this as a favour to help me out. As we were together but not living together. This was one of the things the benefit investigator thrived on (using the bank account). My partner basicaly told them what i just told you. I had used the bank account as i did not have one myself & i had been visiting the property to help with my son & work on our relatonship. but i did not live there. I later spoke to the benifit fraud investigator myself who wanted to know where i had been living since the birth of my child. which i willingly supplied. the benefit fraud investigator then visited one of the address's i gave (my sister) & stated to her "well hes told me hes been living here" which i had not! I told her had been staying between several address's as i was no fixed abode. i had an argument on the phone with the investigator who denied the allegation. I put in acomplaint but nothing ever came of it. Then in Jan 2011 Then my partner received a letter for over payment of income support from july 2009 - March 2010. Nobody can explain where the dates came from just that they are based on bank statements. I listned to the interview tape tonight as i am appealing the over payment for my partner as i know she was entitled to income support as i put no money into the household & she was a single parent i just helped out when i could with my son. my concern here is they are trying for a low easy over payment. my partner has not received any legal proceedings. The investigator could only provide two instances of me actualy being at the property. which were stated on the tape. only one of which is not quite true. she stated the car was parked on the drive with the gates closed at 5.30am. there are no gates on the drive. so leads me to think once again she is lying. the other instance was at 12.30pm in the night which is quite possible. my partner also did state that i did stay once or twice a week. Possibl'y irelavent but she also stated that the car was registered to my mothers address. it aint it was registered to my sisters my care of address. I know that we had done nothng wrong. but now its been passed onto over payment department i feel powerless. any advice would be greatly appreciated.
  20. hmm i havent copied & pasted anything why cant you see it all
  21. hi guys just after a bit of advice if possible please? Me & my partner have been living together now as a couple since march 2010. We went together partly because a fraud investigation case & we were thinking of getting back together anyway. Me & my partner had a child together in 2006 after being together for a year or so. But things didnt work out during the pregnancy of my son & we split up. But in July - August 2009 we started seeing each other again and i visited her property quite often to help with my child as he has behavioural problems & we were working on our relationship. She had also since then had a child with someone else which didnt work out & they had splt up. My partner (which wasnt at the time) in march 2010 received a letter from the fraud investigation team to attend an interview for having a partner living with her. Before we go any futher i would like to say that i used my partners bank account for 9 months or so before the alledged offence as i cannot obtain one myself due to bad credit. (which i can prove). She done this as a favour to help me out. As we were together but not living together. This was one of the things the benefit investigator thrived on (using the bank account). My partner basicaly told them what i just told you. I had used the bank account as i did not have one myself & i had been visiting the property to help with my son & work on our relatonship. but i did not live there. I later spoke to the benifit fraud investigator myself who wanted to know where i had been living since the birth of my child. which i willingly supplied. the benefit fraud investigator then visited one of the address's i gave (my sister) & stated to her "well hes told me hes been living here" which i had not! I told her had been staying between several address's as i was no fixed abode. i had an argument on the phone with the investigator who denied the allegation. I put in acomplaint but nothing ever came of it. Then in Jan 2011 Then my partner received a letter for over payment of income support from july 2009 - March 2010. Nobody can explain where the dates came from just that they are based on bank statements. I listned to the interview tape tonight as i am appealing the over payment for my partner as i know she was entitled to income support as i put no money into the household & she was a single parent i just helped out when i could with my son. my concern here is they are trying for a low easy over payment. my partner has not received any legal proceedings. The investigator could only provide two instances of me actualy being at the property. which were stated on the tape. only one of which is not quite true. she stated the car was parked on the drive with the gates closed at 5.30am. there are no gates on the drive. so leads me to think once again she is lying. the other instance was at 12.30pm in the night which is quite possible. my partner also did state that i did stay once or twice a week. Possibl'y irelavent but she also stated that the car was registered to my mothers address. it aint it was registered to my sisters my care of address. I know that we had done nothng wrong. but now its been passed onto over payment department i feel powerless. any advice would be greatly appreciated.
  22. I purchased a second hand car on finance from pinetree motor cars IN Baglan, Port Talbot. within 2 weeks the Dual Mass Flywheels started showing signs of failing. the dealer changed it & the first new one lasted 6000 miles. the 2nd & current one 6000 miles later is failing again. It is not bad but there is a chatter when the clutch is let out half way in neutral. The dealer who i bought the car from & who carried out the repairs has now informed me that GSF the company who supplied thepart to them want the part sent off to LUK be tested which will take Days or even weeks and ive got a funny feeling they are gonna try wear & tear or the way the car is driven. which will then mean i will have to foot the bill. Is it me or it that taking the peeeee after a bit of advice. shouldnt it be the dealers problem to sort it out asap? Ive drawn up a letter which im going to send to them any advice would be greatly appreciated: Dear Sir/Madam, Supply of Goods (Implied Terms) Act 1973 (as amended) On the 25th of September 2009 I purchased a motor vehicle from you on finance. Namely a Vauxhall Vectra Club 1.9 CDTI 16v Registration number YC05 XDA. This had roughly 101,000 miles on the clock. The following problems have arisen: Within only 2 weeks of having the car I found out that the Dual Mass Flywheel was faulty. The fault was confirmed & the Flywheel was replaced by yourselves in October 2009. As far as I am aware you claimed the costs back from Motor Care Warranty Company for the Dual Mass Flywheel. By January 2010 the Dual Mass Flywheel had started to fail again. I had roughly done 6000 miles, it was confirmed faulty and changed by you again. The Dual Mass Flywheel has started showing signs of failure again. The car has now done 112,000 miles which is only another 6000 miles from when the last one was changed. I feel that the part is not Durable or of a satisfactory quality and does not meet the standard that a reasonable would expect. I spoke to Dennis your mechanic 3 weeks ago regarding this matter who has now informed me (after several phone calls from myself) that the Flywheel Supplier (GSF) wants the Flywheel & Clutch sent off to be inspected which will take days or weeks! As they feel it is very unlikely for a Dual Mass Flywheel to fail Twice which in other words I think they are thinking along the lines of the way the car is driven. I have found a lot of information regarding the Dual Mass Flywheel on the internet & it is a common failing part. I always drive the car sensibly and have perfect Clutch control & gear change. I would also like to note that I have had no contact with GSF. Pinetree supplied & fitted the part as far as I am concerned. Dennis has also informed me that a new clutch was fitted to the car. I have no evidence of this; I only have a receipt for a Dual Mass Flywheel. I would also like to request a copy of the receipt for the clutch that was fitted to my car. I need my car to get back and forth to work & would like to request a courtesy car if you do carry out the repair. I feel it is unacceptable to be days or even weeks to have my car repaired for something that is not my fault. I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days. Yours faithfully I would also like to add ive had a lot of problems in my 9 months of ownership of this car Snapped Spring £30 Tie Rods:£20 Track Rod Ends:£20 Inlet Manifold £600 Could i be within my rights to just return the car & have a refund?
  23. hi all my name is chris. from sunny wales. ive browsed this site quite often & found heaps of useful information. hope i can contribute some back
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