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    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM
    • Have to attend the hearing and present evidence of his financial position (income & expenditure) and  statements ,and agree an acceptable payment plan with the judges guidance.  It will be a form of redetermination hearing as already stated.The court will not agree to bailiffs if the financials do not reflect it or assetts are minimal. They just want to determine his true affordable disposable monthly figure....which will not be £10.
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      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.
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sent Moorcroft a CCA they passed debt back to Nationwide


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Four months after having sent Moorcroft a CCA request and having them acknowledge the request, they have today closed the account , sent me a cheque for £1 and returned the now disputed account back to Nationwide.

I presume I now await Nationwide to either contact me directly or to assign or sell the debt to another DCA.

I also refer to this line on the CCA request letter...

 

" If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor"

 

However this has come about after Moorcroft began playing Billy Suggers so I sent them a letter putting the account into dispute.

Should Nationwide abide by this or have Moorcroft a right to wash their hands ?

Also the dispute clearly states that the disputed debt cannot be collected, enforced or passed to any third party ?

So if another DCA takes it over are Moorcroft and Nationwide breaking the law ?

Please also note that no CCA has been produced.

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Moorcroft would only be collecting on behalf of the OC...the debt was never assigned..however a debt can be assigned to a third Party as its part of the T&Cs of your agreement as is asking third parties to to collect the debt on their behalf.

 

Regards

 

Andy

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So if Moorcroft are acting as collecting agents for Nationwide and administering the debt on their behalf, they should have sent the request to Nationwide ? Thats how I read a simple duty of assignment ?

Two letters from Moorcroft have asked for my patience whilst they obtain the documentation from Nationwide.

From the letter today it is quite clear that they have been able to do this and have washed their hands.

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If Moorcroft cant comply then its a safe bet NW dont have it

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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