Jump to content


  • Tweets

  • Posts

    • 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!!  
  • 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

Arc Europe representing Arrow global for EGG - help please


hitchy1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2026 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

I recently CCA'd Moorcoft on a debt that they have been collecting on since 2006.

 

The response i received is below. would appreciate any help on this, thanks.

 

Moorcroft Debt Recovery Limited

Moorcroft House, P.O. Box No. 17,2 Spring Gardens, Stockport, Cheshire SK1 4AJ.

Telephone 01 61 475 2858. Fax O1 61 477 3864

 

12th May 2009

Dear M

Re: Moorcroft Ref: Client Ref:

 

We refer to your recently received letter requesting data as per Section 77-79 Consumer Credit Act 1974.

 

We duly confirm that we have requested the relevant documentation from our client

and once received we will duly forward the same to you.

 

Meanwhile, we duly confirm that all collection activity on the account has been put on hold

and we will not seek to enforce payment of this debt until such time as the documentation has been supplied

or we have advised you to the contrary.

 

In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity

to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation.

 

To this end can you provide an indication of the information you will be relying upon,

when 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.

 

Should you have any questions or require any additional information please do not hesitate to contact

us direct on the telephone number shown above.

Yours sincerely

Mrs K Murray Operational Support Supervisor

Registered Office: Moorcroft House. 2 Spring Gardens. Stockporl. Reg. No. 1703704 England.

Link to post
Share on other sites

  • Replies 66
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Don't reply to it, standard response.

 

Wait until they send you something else

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

te he,

 

I've just sent a letter to Moorcroft more or less asking them the same as they asked you.

 

they're trying to be clever, and make you think they are all geared up for court

and they're just waiting for the CCA to turn up before they start action,

 

either that or they are stupid enough to beleive you are going to show them all your cards.

 

Either way they have sent that letter to loads of other people,

 

chances are the person that wrote it has moved on,

 

no one there now knows what it means but seeing as how the person that wrote it got a CSE in something,

they rekon it must be good. ;)

Link to post
Share on other sites

te he, I've just sent a letter to Moorcroft more or less asking them the same as they asked you. they're trying to be clever, and make you think they are all geared up for court and they're just waiting for the CCA to turn up before they start action, either that or they are stupid enough to beleive you are going to show them all your cards. Either way they have sent that letter to loads of other people, chances are the person that wrote it has moved on, no one there now knows what it means but seeing as how the person that wrote it got a CSE in something, they rekon it must be good. ;)

 

Creatures of habbit and no imagination allegedly ;)

Link to post
Share on other sites

  • 4 weeks later...

Sent a CCA to Moorcroft on 1st June and got the response below dated the 5th.

Be grateful for advice on what to do next.

 

 

Moor croft Debt Recovery Limited

Moorcroft House, P.O. Box No. 17,2 Spring Gardens, Stockport, Cheshire SK1 4AJ.

Telephone D1 61 475 2B5B. Fax O1 61 477 3B64

5th June 2009

 

Dear Mr

 

We refer to your recently received letter requesting data as per Section 77-79 Consumer Credit Act 1974.

We duly confirm that we have requested the relevant documentation from our client and once received we will duly forward the same to you. Meanwhile, we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary.

In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. To this end can you provide an indication of the information you will be relying upon, when 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.

Should you have any questions or require any additional information please do not hesitate to contact us direct on the telephone number shown above.

 

Yours sincerely

Mrs K Murray Operational Support Supervisor

AA159/MAY09/1.4

Registered Office: Moorcroft House. 2 Spring Gardens, Stockport. Reg. No. 1703704 England. VAT Reg No. 453 1092 73

Link to post
Share on other sites

Hi,

No need to do anything. That letter is one of several they send.

 

The only time to give them that info is when you go to court (if at all)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

I would say as little as possible. I always tell DCAs that I am entitled to use the CCA1974 quoting the first line of the act. I have had DCAs try to put their own interest rates etc on the account So I tell them to show me where it allows it in the agrrement. Obviously until you see the agreement you are not sure what the postion is. Just stick to the self protection line and of course tell them they will know for sure in 12+2 days when you receive the CCA!

Link to post
Share on other sites

It's none of their frikkin business...Just sit tight and wait to see what they come up with regarding the CCA request.

 

Thanks all for the quick assistance

Is there anyone who can look at my other thread below regarding court action and advise my next move or move it somewhere better. I am really stuck on what to do next.

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192750-county-court-hearing-cohens.html#post2083232

Link to post
Share on other sites

I would say as little as possible. I always tell DCAs that I am entitled to use the CCA1974 quoting the first line of the act. I have had DCAs try to put their own interest rates etc on the account So I tell them to show me where it allows it in the agrrement. Obviously until you see the agreement you are not sure what the postion is. Just stick to the self protection line and of course tell them they will know for sure in 12+2 days when you receive the CCA!

 

Received these documents from Moorcroft today. Does this look like they have the upper hand? certainly seems so to me.

 

Dont know how to upload so it can be read. Text is as follows

 

This Personal Loan Agreement, which incorporates the Personal Loan Agreement Terms and Conditions supplied to you with your copy of this agreement (the 'Personal Loan Agreement Terms and Conditions'), contains the terms and conditions on and subject to which, we. Egg Banking pic of 1 Waterhouse-Square, 138-142 Holborn Bars London EC1N 2NH, agree to provide the loan described below to you.

About you:

 

About Egg Banking pic.:

Postal address

About your loan:

3085856/2713003

7.65%

7.9%

In calculating this APR no account has been taken of any variation which may occur under this

agreement ot the rale or the amount ot any item entering into that calculation which may be made in

accordance wrth the Personal Loan Agreement Terms and Conditions.

Principal loan

Number of Monthly Instalments

84

84 Payments of

 

Payable by

The first instalment being due on the 1 st of the month following the date on which the loan is made or, if that dale is less than 30 days from the dale lhal the loan is made, on the 1 si of the following month. If the first instalment is paid 30 days or more after the date thai the loan is made, there will be additional interest to pay on the loan calculated at the Interes! rale in respect ot the additional number of days for which the loan is outstanding as a result. We will notify you oi the new amount of any monlhly instalment, which will include the additional amount of interest so payable, and whon it is payable, and the additional amount of interest will be added to your loan schedule. The amount you have to pay may be reduced by us in accordance with clause 10 ot the Personal Loan Agreement Terms and Conditions and will (or may) increase if you chose to make any of the changes referred to in clauses 5,7.8 or 9 of the Personal Loan Agreement Terms and Conditions.

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY YOUR RIGHTS

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not. we cannot enforce the agreement against you without a court order.

The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing and paying off all amounts payable under the agreement which may be reduced by a rebate.

If you have obtained unsatisfactory goods or services under a transaction financed by this agreement, apart from any purchased out of a cash loan, you may have a right to sue the supplier, us or both. Similarly if the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about the protection and remedies provided under the Act. you should contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.

Please note that your loan money will be paid into your bank or building society account within 4 working days of us receiving this correctly completed, signed document

(We must receive this correctly completed and signed agreement no later than three months from the date shown on the agreement. The loan money.will be paid within 4 working days (i.e. not Saturday, Sunday or Bank Holidays)).

By signing this agreement, you confirm that the details you have given us are true and complete and that you have read and agree to the Personal Loan Terms and Conditions, especially conditions 21 and 22 (personal information). This sets out how we will use the information we obtain about you including information about your loan account This agreement will only be binding on us when we have completed and are satisfied with our final credit checks and other searches, and you have signed and returned this agreement to us

This is a Credit .Agreement regulated by the Consumer Credh Act 1974. Sign it only i! you wart to bs legally bourm by to t&ms. Signature of Borrower

Date of signature

Date 4th December 2002

egg.jpg

egg 2.jpg

Link to post
Share on other sites

Hitchy, try this. It works

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

imagename.jpg{\IMG

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

 

 

If you get stuck just shout,

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

ok is there anything on the fron thats says refer to t and c's on reverse? or any wee reference numbers etc,

 

if this is front and back or has references then looks ok.

 

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Nothing else on the forms, only what is on the images. The agreement was for a loan.

 

Not sure this applies in my case, as the agreement is for a loan not a credit card so the sum was fixed from the start.

Link to post
Share on other sites

Think youll find thats "document" and the prescribed terms are on page 1. They just would have to show page1 links to page2 in some way.

 

Anyhow if we want to pick holes with the "agreement" then I would say

 

1) the Title of the agreement is wrong, it should be under "Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974" not "credit agreement regulated by the Consumer Credit Act 1974" Also there appears to be no notice that this agreement is uncancellable so where is the right to cancel box.

 

And basically its a mess, although the prescribed terms appear to be there theyre not setup in the proper format as described in the Consumer Credit (Agreements) Regulations 1983

 

S.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...