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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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old tesco/RBS loan - help


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Hi all,

Best wishes to all caggers,

 

I have a loan with Tesco that we have been paying by arrangement. I suddenly received several nasty-o-grams from Moorcrap, so I wrote and asked for my CCA. They have replied with an aknowledgement and saying they have passed my request to the client. They go on to say:

 

"We believe that it may be of assistance to all parties if we also take this opportunity to ensure that potential areas of dispute are addressed prior to court action or further investigation.

 

To this end can you provide an indication of the information will be relying on, when you will be giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account.

 

Please could you provide this information by return as this will ensure that all possible areas of dispute are identified as quickly as possible thereby minimizing potential costs and delays."

 

Are they serious? or are they rubbing home the fact that "you will be giving evidence in court" as a frightener?

Do they want a checklist i.e prescribed terms, interest rates, right to cancel, etc., so that they can get it right?

 

I am thinking of replying and quoting a few random legal case studies to give them something to think about.

 

If they start harassing me with no good reason and threatening court/home visits, when we haven't got any money, I might as well fight them.

 

Should I reply or ignore?

 

Cheers,

Rocky

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  • 3 weeks later...

Hi all,

Moorcroft wrote again saying that they are unhappy that MIDS contacted us whilst we are waiting for our CCA request to be fulfilled. No apology though.

 

I have now sent the official dispute letter to Moorcroft as no CCA has appeared after 14+2 working days.

 

Will let you know what happens if I get the CCA.

 

Cheers,

Rocky

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This is not new - Moorcroft have been using it for years. There's no need to reply; it's a template letter designed to make people think that making a perfectly legal and reasonable request will trigger some sort of court action. Like everything else DCAs push out, it's all pish and wind.

 

If 'MIDS' referred to above is Midas Legal Services, they are just a trading name of Moorcroft.

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  • 2 weeks later...

Hi Caggers, onward and upward!

 

No response to my CCA request, so I wrote to Moorcrap in March putting the account in dispute as I have not had a CCA in the 14+2 days.

 

I have had a letter from Moorcrap in April saying that their client's procedures won't let them provide a CCA without a signed request, and as my letter was unsigned, they are unable to complete my request at this time, providing me with a stamped addressed envelope for my reply, and suspending the account for 28 days.

 

I would be grateful for answers to the following:

 

1) Is my dispute still valid?

 

2) Should I send a signature or leave my initial request as it is?

 

3) Should I wait for the 28 days, or reply now?

 

4) Does this now mean that they have another 28 days to "find" a CCA and try and wriggle out of the 14+2 requirement?

 

Words can't express my thanks to you guys on this site! Well done!

Rocky

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Hi say to them no requirement for a signature on CCA request and if they are not sure that you are the person they are pursuing for this debt then they can take a hike.

 

No requirement for you to wait further than the 12+2 working days that is the requirement for a CCA request they have defaulted and can go forth etc.

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Hi RR

 

I've stuck a link in for the relevant letter as there's no legal requirement for a signature

 

R

 

Thanks everyone,

 

I have sent the no signature required letter back in their prepaid envelope.

Overto you Moorcrap!

 

Cheers everyone,

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi PGH,

 

I used their already stamped envelope (bright yellow) addressed by them to their Compliance Dept (work experience kids?).

I think that the no signature letter is a good one and will give them something to think about.

They are definitely floundering.

 

They started the fight!

Rocky

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Hi Rocky,

 

Have you heard any further from Moorcrap?

 

I'm in the same position, received one of those letters following my CCA request, asking for me to tell them what I need to rely on in court. It's exactly the same letter, word for word, so obviously just some standard drivle they produce.

 

I'm not sure if it's crossed your mind Rocky but the bit that got me thinking is "we duly confirm we have requested the relevant documentation from our client"....hold on, I thought if Moorcrap now own the debt, that Moorcrap would be in possession of all the documents themselves and so wouldn't need to contact the original creditor???? After all, that's why I sent Moorcrap the CCA request, otherwise I would have sent it to the OC. Can anyone advise on this please?

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Hi Big Shoooz,

Sorry for the late reply.

I haven't heard any more from Moorcrap since I sent my last letter.

I think that they are agents for the OC. Others have said that they don't buy debts, so I might hear from them with a CCA eventually.

 

Of course things change and I am sure that they will be out to make money however they can.

Will keep you posted.

Rocky

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  • 4 weeks later...

Hi all,

 

Just received a letter from Tesco with an illegible copy of a faxed agreement. I mean illegible, most words are blurred and some are just missing. Not worth posting it.

It is a two page agreement with a two page schedule of arrears (which are freshly typed and legible).

 

Moorcrap wrote at the same time asking me to confirm receipt of the client's correspondence and asking me to contact them and agree payment.

 

Would it be reasonable to write to Moorcrap and continue the dispute until I get a legible copy?

 

Cheers,

Rocky

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Yep.....too damn right.

 

They have not complied so account still in dispute.

 

ims

 

PS Not worth posting it to give all a chuckle?

Edited by ims21
p.s.

 

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Ok folks, here it is! I have blanked the sensitive bits (which I could make out) in case any clever body can manipulate them digitally so that they are legible.

 

It seems to be a copy of a fax of a fax.

 

Tesco CCA anon 05-11.pdf

 

(Prize for spotting Mr. Moorcrap)

 

Cheers,

Rocky

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As much chance as a chocolate fire guard of that being enforceable.!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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