Hello everyone ! New member ready to take on Capquest

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

Are there any news about the particularities of the claim ?

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

Can someone advise if Durkin v DSG is accepted by the English courts ? I was told (by a solicitor) that being a Scottish case it may not be accepted by an English court.

[bluebottle]

Re: Hello everyone ! New member ready to take on Capquest

I lodged the complaint with the OFT based on the following:

Communication
3.3 (j) and (k),
3.5 (a),( b) and (g),


Physical/Psychological Harassment
3.7 (a),(e) and (o),


Deceptive and/or Unfair Methods
3.9 (a),

Data Accuracy
3.17 , 3.18.

Yeah. They're the usual ones they breach.

[miliitant]

Re: Hello everyone ! New member ready to take on Capquest

you can cite durkin in the english courts as its gone to the court of appeal

i will be corrected if mistaken as in all honesty i am unsure but use this to be getting on with

Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

[Celestine]

Re: Hello everyone ! New member ready to take on Capquest

Hi Matrix

Yes, Durkin is the correct case law. I am using it currently for a similar case of 'damage to credit file'. Breach of Data Protection Act, Unfair Relationship are also relevant and essential.

Theoretically, you could issue a claim for >8K just for the damage to your credit file.

If you want to know more just shout, we're very advanced with our case and due again in court in early October.

[Celestine]

Re: Hello everyone ! New member ready to take on Capquest

http://www.legalbeagles.info/forums/...G-amp-HFC-Bank

(moving thread to CRA forum)

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

Hi Celestine,
Thank you for your reply. I would love to know more about your case as I am in the process of preparing my court claim and I need all the information I can get. I spoke to two solicitors so far about this matter (£50 x half an hour each) and none of them was interested in my case. They both advised to complain to the FSA. I do not intend to claim more than £5000 just for the sake of keeping the matter in the small claims court.
In my case it should be pretty straight forward since Capquest already accepted liability unfortunately I am not very familiar with this part of the Consumer Law and I am not sure what to put on the MCOL form and what to rely on when claiming compensation. Any help and information would be much appreciated.

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

Hello everyone,
I just finished drafting my POC and I was wondering if you guys could have a look to see if there is anything I should change. I intend to send the N1 form to my local County Court and claim less than £5000.

[bluebottle]

Re: Hello everyone ! New member ready to take on Capquest

Hello everyone,
I just finished drafting my POC and I was wondering if you guys could have a look to see if there is anything I should change. I intend to send the N1 form to my local County Court and claim less than £5000.

As long as the amount is £600 or more, you do know you could have any CCJ transferred up to the High Court for enforcement and send High Court Enforcement Officers (HCEOs) in to collect from CapQuest. HCEOs can legally force entry to a business premises without a court order. A CCJ against a CCA Licence Holder is a no-no. If the OFT get wind of it, they will definitely not be happy bunnies.

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

Thank you for your reply. Can you please explain as I am getting a bit confused ?

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

My case is similar with Durkin's only I am claiming a lower amount and I am also bringing the element of unlawful harassment into the claim.

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

As long as the amount is £600 or more, you do know you could have any CCJ transferred up to the High Court for enforcement and send High Court Enforcement Officers (HCEOs) in to collect from CapQuest. HCEOs can legally force entry to a business premises without a court order. A CCJ against a CCA Licence Holder is a no-no. If the OFT get wind of it, they will definitely not be happy bunnies.

Thank you for your reply. Can you please explain as I am getting a bit confused ?

[bluebottle]

Re: Hello everyone ! New member ready to take on Capquest

If you obtain judgement against CapQuest, provided the amount awarded at judgement is £600 or more, you have the option of having the judgement transferred to the High Court for enforcement by High Court Enforcement Officers (HCEOs). HCEOs have the power to force entry to business premises without a court order, something bailiffs cannot do. I note you are citing unlawful harassment in your claim. Are you bringing this under the Protection from Harassment Act 1997? If so, you should claim not only for any financial loss, but anxiety suffered as a result of their conduct. The High Court ruling in the case of Ferguson -v- British Gas Trading Ltd 2009 means that a company can be held liable for harassment.

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

As long as the amount is £600 or more, you do know you could have any CCJ transferred up to the High Court for enforcement and send High Court Enforcement Officers (HCEOs) in to collect from CapQuest. HCEOs can legally force entry to a business premises without a court order. A CCJ against a CCA Licence Holder is a no-no. If the OFT get wind of it, they will definitely not be happy bunnies.

No need to explain. I just Googled the matter. However this would involve getting the CCJ against Capquest which I believe they will avoid at all costs.

[bluebottle]

Re: Hello everyone ! New member ready to take on Capquest

Don't be surprised if they try an 11th hour settlement.