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    • 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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paying moorcroft since 2003, now findout they have no CCA and no NOA old A+L Credit Card.


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Hi,

Any one here please let me know

 

if I can reclaim all my monthly payments back which I made to DCA

which has confirmed they do not have CCA and no Notice of Assignment?

 

I made payments to them as far as March 2003.

 

I am at a stage with them where they are asking me a particular question why did I pay them for all these years?

 

I think they want to establish that since I paid them for all these years hence their action for taking money was legitimate.

 

I am thinking of taking the stance where I would write back to them that it was total mistake

on my behalf I paid you for all this time now to resolve this situation you have to pay back all this money.

 

ANy views?

 

Any template letter to recover this money and which clause fo law I can refer to ay refrence?

 

Please respond back ASAP!

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Thank you very much for your reply.

 

Yes I do owe money to Alliance Lister

 

it was £1000

 

I have paid £500 and it’s for a credit card and now paying to a DCA.

 

Still if DCA had no CCA from day one which laws gave them the right to take money from me?

 

Alliance Lister is not involved anymore in this and as I said DCA last month has said they don't have any docs at all!!

 

So,, is this not mischievous to send an intimidating barrage of letters

and make people to pay them and the I did not know my rights at all.

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Which dca

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Because DCA's are different and you have to deal with each one a certain way.

 

For example, DCA's such as scotcall can be ignored, while DCA's such as MMF need to be taken to task quickly before they start their tactics. Then you have DCA@s like lowells that are VERY litigous on any debt over £750.

 

There are also a lot of DCA's out there that lie and trick people into paying and use them as cash cows.

 

As you can now see, The name isnt irrelevant at all.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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And they are one of the DCA@s that rarely have the correct paperwork, and cash cow people. Which is the exact position you are in. Type moorcroft in CAG's search bar and you'll see what i mean.

 

Can i ask when was the last payment you made to the debt, or made written acknowledgement? Are they still chasing you?

 

Ignore their silly remarks about why you paid. Think about it. They are meant to be a legitimate company chasing a debt that is owed. Why do they think you paid? They are trying to intimidate and harass you.

 

The only options you could have is that they bluffed you into paying ( you'd have to prove it), or they outright lied to you on any paperwork. The sticking point is they could easily claim the money was in genuine payment towards the debt or gifted to them.

 

 

In future, if you have anyone chasing you for a debt, send a CCA request. If they fail to comply, then you know they can never enforce the debt in court, and you stand a much stronger chance at a very low F&F settlement.

Thinking about it, If they have never supplied a CCA, then you could try and claim that the £500 so far is in F&F settlement, as they know they are unlikely to get any more.

 

As i said, you have been cash cowed, and its doubtful you will get the money reclaimed. Especially from the likes of moorcroft.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for your reply.

To put them in this very position to accept the £500 paid as F&F

I think they must be threatned with some sort of action against them under the limitation act

where I made payments by mistake and they must pay back.

 

This was my original thought to deal with them.

 

Second option or at the same time they must be reported for this to OFT

because in DCA code of conduct set out by OFT its written they shall not hide information from debtor and demand money.

 

They hid the vital info re. lack of docs and demanded money.

 

If, I simply say to them and offer F&F as you are suggesting then it means I am admitting this debt exists.

 

What is your view?

Edited by aqa
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They can't be liying on lack of paper work.

 

I have been sending each letter by recorded delivery and been telling them all this communication

would be part of any defence if ever a litigation procedure is started.

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Moorcroft dont care about that unfortunately. They will simply harass and threaten you into paying something. Then when challenged, they will go very quiet as they invent a reason to have kept the money.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks agian.

 

Yes I have stopped their payments,

 

Its £1/month.

 

What is the point of sending SAR if they already have admitted they don't have any CCA

or even they never sent me a Notice of Assignment, I have requested for it.

 

They are clearly in breach of OFT guidelines.

 

Is it worth to spend £10 on SAR?

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Thanks agian.Yes I have stopped their payments, Its £1/month. What is the point of sending SAR if they already have admitted they don't have any CCA or even they never sent me a Notice of Assignment, I have requested for it. They are clearly in breach of OFT guidelines. Is it worth to spend £10 on SAR?

 

No, not really.

 

I'll have a look for a letter for you.

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You can adapt this

 

Written by Scarlet Pimpernel ***

 

 

A letter when solicitors are threatening with legal action whilst a company are in default of your request for your agreement.

 

Dear Sirs

 

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection From Unfair Tradinglink3.gif Regulations 2008 and the Office of Fair Trading Guidance on debt collectionlink3.gif. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

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Thanks Havin but they are not threatening rather they offer 50% discount on remaining balance

but I liked the Ren's comment where I can use lack of evidence on Moorcroft's part to negotiate a deal for F&F

and closing this account.

 

If I need I will use above template.

Edited by aqa
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  • 2 weeks later...

you've been cash cowed, pure and simple

 

you need an official record [by way of statements] from them

containing the payments from the start.

when you know this info

 

you then write them a letter

demanding the money back

and add 8% stat int.

 

it 'could' be deemed as a gift.

 

but if the original creditor has no record of your payments coming off THEIR balance [Moorcroft don't often buy debts, so they cant be the owner]

 

that will strengthen your position.

 

seems like you got spoofed on several debts by failing for their powerless threat-o-grams

 

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... 

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you need to SAR moorcrap

 

and

your need to SAR the original creditor.

 

that way you'll findout about the PPI too.

 

the PPI claim will go against the OC not the DCA

 

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... 

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  • 4 weeks later...

if this or any of your debts DO NOT SHOW

on your CRAfile

then you seriously need to do some investigating as to WHY.

 

offering an F&F on any debt that's not showing

is, in many cases pointless

 

as it wont improve your credit rating as it does not show anyhow.

 

who was the original creditor on this debt?

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... 

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  • 1 month later...
  • 3 months later...

Thank you very much for all of your help and advise here. It really worked and Moorcroft simply sent me a letter stating they have closed this file now and will not take any further action of this debt.

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