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    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers 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.
      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.

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Moorcroft Debt recovery


loubyb
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I had a letter from Moorcroft Debt Recovery in Stockport in August this year. I rang them and agreed that I would pay them a small amount every Friday. I also told them that as I was going away for 2 weeks my mum would be ringing on my behalf and making the payment. The man that I spoke to said that would be fine. My mum rang as agreed on the 31st August to make the first payment and she was told that there was no record of me phonong and agreeing that my mum would phone on my behalf. They told her that she would have to pay the full amount of £206 there and then. My mum paid this on her credit card for me and we thought that would be the last of it. I then recieved a letter on 3rd Oct saying that i owed £215 and that my debt was in the process of being passed to the courts. I rang them again and was told that if I didn't pay the full £215 there and then I would be taken to court. I explained that I simply didn't have that amount of money at the time at which point the lady on the phone became quite aggresive and I ended up in tears. After the phone call I remebered that my mum had paid it and got her to check her bank statements and ring them back. She did this and told them that the payment had been taken from her account on 3rd Sept. They had no record of the payment ever being made. My mum has now had to send them a copy of her bank statement in order to prove to them that she had paid it and to add insult to injury they told my mum that she would have to pay and extra £9! Mymum refused and we are currently going to CAB and getting advice on how to deal with these aggresive people! All this stress that they have caused me is making me really ill and all for £215!!!! How can companies like this be allowed to get away with such aggresive behaviour!!!!! :evil: :evil: :evil:

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As it's paid up, I would try and put this one behind you now. In future however, never have any dealings with any debt people on the 'phone because they will come out with all kinds of bowlarks in order to get money from you. As for the £9 charge.... forget about it. If they contact you in writing, then come back on here. If they try and 'phone you, just hang up.

  • Haha 1
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Oh loubyb, if only you'd found this site earlier. Don't beat yourself up, you did nothing wrong. Companies like Moorcroft prey on fear and ignorance of the law, and believe they have carte blanche to threaten and intimidate people into payment.

 

Please tell as many people as possible about this site, and don't let Moorcroft upset you.

 

As PO says, do NOT speak to them on the phone, no matter what. If they get back in touch, politely but firmly tell them to put all correspondence in writiting, then post here for more advice.

 

:)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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No !! Don't ring them !!

 

You have to understand how these guys operate to know where all these exclamation marks are coming from. DO NOT EVER RING A DCA !! They will lie, intimidate, threaten and bully you into making payments. You will never get the closure that you're after.... all you need to do is keep all proof that payments were made somewhere safe and ignore all attempts to contact you by 'phone.

 

If they WRITE to you, then come back on here for ways of dealing with it.

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I'd echo that. Phone them ONLY if you're recording the call AND totally confident dealing with them.

 

I'm not accusing Moorcroft of this (of course), but DCAs have in the past been known to lie on the phone. Or they'll tell you that everything is fine, then write demanding more money.

 

Give me a minute or two and I'll suggest what to write. :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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I'd put something like this:

 

Dear Moorcroft,

I do not acknowledge any debt to your company.

You have recently been sent a bank statement which clearly shows that £215 has been paid in respect of this alleged debt. I appreciate there may be some confusion as this payment was made by a relative, however I expect that you will now consider this matter closed.

Please be aware that any further demands for payment will be treated as harrassment under the Administration of Justice Act.

Yours,

I wouldn't bother with anything else, to be honest. As others have said, if they still write back or demand payment, let us know. :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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loubyb,

 

Do not let these vultures get you down. They are the lowest of the low!

 

Remember you are not a criminal!

 

I would also echo what others have posted on here. DO NOT SPEAK TO THEM ON THE PHONE!

 

Good luck

you are among friends here.

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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I'd report their behaviour to your local Trading Standards (TS). The Tactics used are completely deplorable and are arguably not in the spirit of the OFTs guidelines on Debt Management.

 

You could S.A.R - (Subject Access Request) Moorcroft & request all data on all systems this should include recordings/transcripts of all telephone calls. If they supply these then you could use this as evidence should you wish to push it with TS.

 

Other than that write don't call & put it down to experience.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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I'd report their behaviour to your local Trading Standards (TS). The Tactics used are completely deplorable and are arguably not in the spirit of the OFTs guidelines on Debt Management.

 

You could S.A.R - (Subject Access Request) Moorcroft & request all data on all systems this should include recordings/transcripts of all telephone calls. If they supply these then you could use this as evidence should you wish to push it with TS.

 

Other than that write don't call & put it down to experience.

I agree 100%. Report them to TS. In fact when you write DJ Daves letter to them DEMAND a copy of their complaints procedure. They are legally required to have one. If they do not supply you with the details of the procedure or fail to deal with your complaint then I would suggest you report them to the FOS and it will cost them another £185 on top of the money they conned (allegedly) from your Mum. Theres more than one way to skin a rat:eek:

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  • 2 years later...

I have been trying to deal with this issue for over a week now, and have had no help to sort out the outcome.

 

Basically I have a default on my credit report from O2. Fair enough I had an pay monthly phone and didnt pay the debt, so I hold my hands up and am willing to pay the debt back to O2 exclusively.

 

I have also seen I have a CCJ issued by Northampton CCBC by MOORCROFT DEBT RECOVERY on behalf of O2.

 

 

I am more than happy to pay the debt back to O2 directly but only on the following conditions:

 

1. O2 REMOVE DEFAULT FROM CREDIT REPORTS

2. O2 SATISFACTORY REMARK ON CREDIT REPORTS

3. ACCEPT MY OFFER OF MONTHLY,REDUCED NO INTEREST PAYMENTS

4. TO GET IN TOUCH WITH MOORCROFT DEBT RECOVERY AND NORTHAMPTON CCBC TO GET THE CCJ REMOVED.

 

 

Do you think I am likely to get this sorted?

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  • 4 months later...

I have just received a pre court division letter from moorcroft. This is their third letter to me but they have twice ignored my requests for agreements to be sent to me. They even said that they had contacted their client and told me to write to their client to get these agreements. Ha Ha. Up til now they have had money off me until I found out what rights I had. Payments have stopped reason for court letter. Sending nasty letter back telling them I will take my chance in court if they want to go down that route.

Edited by lightningd
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Also, DO NOT send any of these leeches any info like bank statements, I and E forms and the like. They are not entitled to any of that information. Only a court can legally ask for that info.

jed

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I have only sent them letters. Last one Ive told them to take me to court if they so wish. Made a few payments to them but stopped them until or if they send me documents I have asked for. In the beginning I agreed over phone to pay a certain amount after basically been threatened by them. Now Im a lot wiser. They tried to tell me because of missed payments Im in default but Ive put them straight as to who is in default. Watch this space Jed.

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Message for Loubyb - I tried to phone the DCA but after a couple of calls realised that it wouldn't get me any where. Thankfully I found this site. In my 'naive' days I offered to send a cheque to my creditor but was told it wouldn't get cashed in time because of the postal strike which had already ended lol. They will come up with all kinds of excuses so DO NOT SPEAK TO THEM. I used to leave them hanging on the phone and went back to watching Coronation Street. I used to be stressed like you but not any more. Keep coming to this site.

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As Lick the Wall has posted in another thread Moorcroft Pre Court Division is more akin to Moorcroft Pre School Nursery.#

 

I can vouch for the fact that a curt letter containing our solicitors details plus all of the relevant regulation infringments, much on the lines of the CAG "doorstep letter" sent them running for cover after only two phone calls.

 

They do not understand the law and do not expect you to either which is a very dangerous assumption on their part. If you stick your ground and DO NOT TALK TO THEM they will run. Either to court which can be dealt with here or return the account to the OC toute suite. Their ONLY weapon is to threaten you.

 

Regards

oilyrag.:)

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As Lick the Wall has posted in another thread Moorcroft Pre Court Division is more akin to Moorcroft Pre School Nursery.#

 

I can vouch for the fact that a curt letter containing our solicitors details plus all of the relevant regulation infringments, much on the lines of the CAG "doorstep letter" sent them running for cover after only two phone calls.

 

They do not understand the law and do not expect you to either which is a very dangerous assumption on their part. If you stick your ground and DO NOT TALK TO THEM they will run. Either to court which can be dealt with here or return the account to the OC toute suite. Their ONLY weapon is to threaten you.

 

Regards

oilyrag.:)

Hello Oilyrag. Thanks for your reply. Just received another letter from moorcroft downgraded from pre court division to doorstep rep. Just typed out reply to them enclosing a copy of my last letter telling them that i will take my chance in court. Also re-iterated that they have ignored my letters of requests for documents & threatened them with court action for harrasment & demanding money with menaces. Told them i will no longer tolerate their attitude.

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Good for you, stay in control.

jed

Hello jed told you to watch this space. Got letter which is now stating agent will call round rather than pre court division. They are running scared now. Threatened to sue them for harrassment & demanding money with menaces. Sent them copy of my last letter as they chose to ignore it first time round. Once again watch this space.

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Hi Lighning,

 

Well we're back and running with:

 

"Notice of Intended Litigation" all outlined in a big red box. The joke is that it is full of ifs, maybes, will tell tales to BC and their sols. AND it only gives three days to pay or else on an already terminated account. Sols advice--- just ignore and send us a copy but watch out for any claims forms.

 

regards

oilyrag.:)

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Hi Lighning,

 

Well we're back and running with:

 

"Notice of Intended Litigation" all outlined in a big red box. The joke is that it is full of ifs, maybes, will tell tales to BC and their sols. AND it only gives three days to pay or else on an already terminated account. Sols advice--- just ignore and send us a copy but watch out for any claims forms.

 

regards

oilyrag.:)

They are running scared and are quickly becoming a joke. Sticking together we will beat these jokers/chancers. As i stated earlier i have now threatened them with legal action and i await their reply. They must put up or shut up as far as im concerned.

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Hi Oilyrag. Told you to watch this space regarding moorcroft. Just had letter from their compliance dept saying they want a speedy solution. I pointed out just how flawed their letter was & that they have not once complied with my requests & they want me to send a letter to their client asking for the relevant documentation. I told them the responsibility lies with them. They also said that they have sent me a statement of accounts which is totally false. They assure me that they are acting as agents for a client but still offer no proof. Theyve come down from pre court division to doorstep caller to compliance dept. I think im winning Catch you later.

Edited by lightningd
correcting spelling
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