Jump to content


  • Tweets

  • Posts

    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
    • Hi DX - quick question, what is the bank likely to do when they get my letter of change of address ? also what is the worst they can do? thanks J1L
  • 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
      • 160 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

Moorcroft agent came to my home RBS credit card debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5277 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

Hi, I have a dispute which was with Royal Bank of Scotland, over an alleged card debt of 250 pounds, which was passed to a DCA in September. It went first to Intrum Justitia and then shortly afterwards to Moorcroft. It's not clear from any correspondence whether they've sold it to Moorcroft or if they are just acting on behalf of RBS.

 

Anyway, whilst it was still with RBS, I CCA'd them, in July. They eventually (surprise surprise) sent me a poor photocopy of an application form for a credit card, with no terms and conditions. The form is in my name. As it does not fulfil the requirements of my CCA request I ignored it.

 

Soon afterwards, it went to the DCAs as stated. As my CCA request has not been satisfied, I ignored them too. I don't even think RBS should have passed it to the DCA when it was (as far as I was concerned) still in dispute.

 

The last comunication from Moorcroft, a fortnight since, stated that they may instruct their Home Collections Division to come round and establish how I propose to settle with them. As this is a common scare tactic, I took no notice.

 

Imagine my surprise when today, mid-afternoon, there was an insistent knock on the door. My partner opened it to find a man standing there, clutching a copy of Moorcroft's last letter to me. He showed an ID card which had his pic on it but was otherwise meaningless.

 

He explained that he was a local debt collector and that Moorcroft had asked him to visit and find out how I proposed to repay the debt. My partner stated that I wasn't in and that I was dealing with the matter in writing only, and that Moorcroft were meant to do likewise.

 

The man was very friendly and stated that he had been given seven days to deal with the matter (otherwise it goes to court I presume?)

 

He left a blank card with his first name and a phone number written on it in ball pen, and asked my partner to ask me to phone him on that number to arrange repayment. Then he left.

 

What should I do? It was quite by chance my partner was in. Otherwise it would have just been me.

 

Can Moorcroft simply despatch people to demand settlement? Isn't that harrassment? I'm quite upset by it and feel it's intimidatory, no matter how polite he was.

 

Should I now write to Moorcroft and/or RBS and state that the matter is still in dispute, and that the photocopied application form does not fulfil the requirements of my CCA request?

 

I needed this like a hole in my head, given what else is happening (see my other thread) :(

Link to post
Share on other sites

Do not arrange any payments with this person whatsoever.

He has no legal rights/authority to obtain money off you whatsoever.

If you hear from him again, politely ask him to leave & to never knock at the door again otherwise the police will be called for breach of the peace.

Moorcroft should have made an appointment with you so they were bang out of order here.

Inform your partner of what ive said here as well.

Link to post
Share on other sites

My partner was very good He didn't allow the man in and didn't tell him anything other than the 'in writing' bit. I won't ring him anyway.

 

I think I will write to Moorcroft though, to make it plain I object to this tactic, and that I am still waiting for a copy of a properly executed credit agreement.

 

Incidentally, once a debt has been assigned to a DCA, is it then necessary to send a CCA request to the DCA, if one has already been sent to the OC?

Link to post
Share on other sites

Incidentally, once a debt has been assigned to a DCA, is it then necessary to send a CCA request to the DCA, if one has already been sent to the OC?

No.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

No, it isn't. You only have to request a copy of the agreement once and it is against OFT guidelines, the CCA 1974, the Administration of Justice 1970 Section 40 and the Data Protection Act 1998 for any company to assign/sell a debt whilst it is in dispute. Report the original creditor to the OFT for breaches of these consumer credit laws. It is noted on their file for their next application for a consumer credit licence. I don't trade letters with DCAs. I just go straight to their complaints department and tell them if they don't cease pursuit of payment immediately as there is no credit agreement I will take legal action against them and as current holders of the disputed account they will be liable for all costs, expenses and substantial compensation - use their own tactics against them. I also tell them if there is anything about my complaint they don't understand they should take legal advice - you won't see them for dust.

Link to post
Share on other sites

You might also want to remind them that the Moorcroft Rep had no right to disclose to your partner that you had any debt, nor discuss it with him. That's a breach of data protection.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

Send an email

----

 

ATTENTION : TO BE FORWARDED TO MOORCROFT COMPLAINTS AND COMPLIANCE MANAGER

 

Dear Sir

 

 

 

Harassment Warning & Notice of Formal Complaint

 

In breach of :

 

Public Order Act 1986 (c. 64) 4(a)

Administration of Justice Act 1970 (c.31) s(40)

Protection from Harassment Act 1997

Office of Fair Trading Debt Collection Guidelines 2006 2.8 (a,b,j), 2.12 (a, f, g)

The Consumer Protection from Unfair Trading Regulations 2008 section 7 (2)

 

Following the unsolicited visit of your agent to my premises on [date] , I wish to make a formal complaint . Please forward me your complaints procedure to the above address within 21 days. Should this request be ignored I will have no alternative than to contact the Financial Ombudsman directly .

 

For your future reference :

 

I am only prepared to communicate with you in writing. Should it be your intention to continue to send 'doorstep agents' to my premises, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.) and doorstep agents representing your company are not of those prescibed in the judgement.

 

Take note therefore that I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone from a doorstop collection service company to visit me and should it be necessary, I will seek an injunction.

 

Note also , each and every further breach you make of the Office of Fair Trading debt collection guidelines that you are obliged to abide by will not only be reported to them, but will also be followed up by another formal complaint to yourselves.

 

 

Yours

 

[print name]

Link to post
Share on other sites

RBS will say that the account isn't in dispute because they have sent their response to your CCA request.

 

They seem to think that the CCA not being enforceable makes no difference ... they have responded so the account isn't in dispute.

 

RBS will say anything to evade telling the truth and their true legal position regarding these matters, they need taking to task by the regulatory bodies, who regulated them and somebody needs to tell them the error of their ways. I have and they just ignore me:rolleyes: well at least for the last year.

 

They are not really so ignorant or uneducated regarding what they can and cannot do regarding the enforceability of unenforceable agreements, they just hope the poor customer will be ignorant of the laws placed by parliament for their protection. They then go on their automated onslaught to scare and threaten consumers to make them pay, when they have not legal merit to do so:roll:

 

I say stand your ground and fight them every which way:grin:

 

As regards Moorcroft, I would not be giving them anything whatsoever apart from a very stiff letter regarding their unlawful activity in pursueing you in the respect of an unenforceable agreement. Are they acting on RBS instructions,i f so tell them to refer the matter back to rbs for their input.

 

If they have been assigned the alleged debt, :lol::lol::lol: serves them right

 

Moorcroft will sulk away into the shadows.:grin:

 

Good luck

  • Haha 1

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Thank you everybody. I will type a letter (or email) tomorrow incorporating your advice, and let Moorcroft have it. ;)

 

At the moment though I'm more concerned with getting my Standard Disclosure ready for Lloyds TSB for submission to the court by Wednesday

 

 

(given that I don't know yet what Standard Disclosure actually requires):eek:

Link to post
Share on other sites

No, it isn't. You only have to request a copy of the agreement once and it is against OFT guidelines, the CCA 1974, the Administration of Justice 1970 Section 40 and the Data Protection Act 1998 for any company to assign/sell a debt whilst it is in dispute. Report the original creditor to the OFT for breaches of these consumer credit laws. It is noted on their file for their next application for a consumer credit licence. I don't trade letters with DCAs. I just go straight to their complaints department and tell them if they don't cease pursuit of payment immediately as there is no credit agreement I will take legal action against them and as current holders of the disputed account they will be liable for all costs, expenses and substantial compensation - use their own tactics against them. I also tell them if there is anything about my complaint they don't understand they should take legal advice - you won't see them for dust.

 

very interested in this stance/response regarding a debt passed to a DCA while in dispute - do you have a good letter that includes all the above?

Link to post
Share on other sites

I just adjust any letter to suit the particular account and circumstances of the complaint. The legislation you may need is all there. I address it to

 

The Manager

The Complaints Deprtment

Company

 

Dear Sir/Madam

 

Your Ref:

 

Complaint against (company) for breaches of (laws)

 

Then outline what has transpired between you and the company, what laws they have breached and what you will do if they don't cease.

 

As usual, print, don't sign your name at the end. Send by recorded delivery so you have prooof they received it.

Link to post
Share on other sites

  • 10 months later...
it is against the CCA 1974 for any company to assign/sell a debt whilst it is in dispute.

 

That's really useful info. I didn't realise it was against CCA 1974. To save me ploughing through each section, could you post here which specific section of CCA is the relevant part where it says it is illegal to assign a disputed debt? That is a really powerful weapon against unscrupulous creditors

 

Regards

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...