Jump to content


  • Tweets

  • Posts

    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
  • 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
      • 161 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

letter from the Tocatoo / Lowell


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4794 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

hello,

I was wondering if anyone would be able to give me any help or advice.

My boyfriend received a letter today from tocatto ltd stating he owes £37.91 outstanding balance from a 3 mobile contract phone he had 5 years ago.

 

4 years ago this debt went to a Debt collection agency, I think it was moorecroft I cant quite remember, and he agreed to pay £10 a fortnight until it was paid. This debt was paid as I myself went to the royal bank of Scotland and paid the £10 a fortnight until it was all paid.

 

About 2 years later we were sorting through paper work and thought we would no longer need the payment receipts from this debt so decided to throw them away.

A year later , about this time last year, we received a letter from another DCA informing my boyfriend he still owed the outstanding £37.91.

He phoned them and told them that he had paid the debt to which they asked for proof of payment. When he told them he had non as the receipts had been thrown away they told him as far as they were concerned without any proof of payment the debt was still owed.

The person he spoke to was very rude and unhelpful and didn't give a damn and kept insisting he must pay. My boyfriend quite bluntly told them that they would not receive any money from him as the debt was already paid. The conversation kept going round in circles eventually the guy from the DCA put the phone down on him.

We received another couple of letters and each time he phoned the company and told them the same thing. The debt has been paid and they will not get any money. Again they told him without proof then he still owes it.

After about the 3rd letter we never heard from them again or any other DCA concerning this account until today.

 

My partner hasn't rang Tocatto yet and we will probably hear the same cock and bull story from them.

So I was wondering if anyone had any ideas how to get rid of them once and for all without having the pay the debt a second time.

Any help would be very much appreciated

Thx in advance

Bec

Link to post
Share on other sites

firstly

 

NEVER EVER phone a DCA!!

 

they have NO LEGAL POWERS

to do anything bar send threat-o-grams

 

pers i would ignore the fleecers

 

i would suggest you do a bit of reading in this forum

 

you'll soon get the idea

 

as this has been paid-off anyhow

this shows what typically happens in the case of these 'phantom' mobile phone debts

it goes straight to the DCA's pocket without any record being place against your name on the phishing list

 

it get sold on & the next one tries their luck as you've proved to be a soft-touch.

 

the debt [if it ever existed] would have been written off against tax by the OC years ago

thats why the OC have neber asked themselves for the money!

 

well you've learned now - don't get caught again!

 

never ever believe what these fleecers say!

 

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 been reading stuff but not quite sure as to what to read or where to start. there is just so much information. Any payments we have made since to anyone we have since kept proof of payment and will do so for a very long time and so far so good with the rest of the debts. Just this one keeps cropping up like a bad aftertaste :(

Link to post
Share on other sites

Hi Bec,

 

Rant continued....

 

Moorcroft work as follows.....mobile phone company pass your details to moorcroft, they contact you to say hello out-standing amount please pay, you pay, moorcroft say Here you go mobile phone company and thats it....BUT on the occasions were that they/moorcroft "Buy the Debt" they do not sell it on again to a third party.

 

Hope this helps!

 

Hotmamma :-)

Link to post
Share on other sites

Hi Bec,

 

Please take this advice...."DO NOT PAY THEM".....understand! You both know that you have paid and you can either print of statements from your bank via the internet or pay your the bank for copies which will show your payments and even ask the bank to supply you with a copy of the "in full and final settlement". confirmation of the closure of this debt.

Know think of it this way, this and it is a [problem], if this company chases 10 people at what seems to be the average amount of £30,that equals £300, so times that by 100, 1000, 10000.... get the picture, nice little earner. And because it is such a small amount, most people would pay it. But not us, we are out to screw them. Now, Don't forget if they contact you TELL THEM to prove that they own this debt and that they have "12 WORKING DAYS NO LONGER TO SUPPLY THIS" .....OR....THE DEBT IS UNENFORCEABLE!!!!!!

Check out all that has been said about this [EDIT - PLEASE REFRAIN FROM PERSONAL ABUSE]hole of a company and if they are rude to you on the phone, stand up, take control and threaten them, i told them to feck off, but that's me!

 

Oh, and when i spoke to Moorcroft, the guy told me that this sounded very odd and to be aware it could be a [problem] and to call ofsted! what's that telling you???? Keep us all posted, but for your own piece of mind get proof from your bank, also call moorcroft and give them any details regarding the phone contract they should be able to locate it in the past history they number is: 0161 4752858.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...