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    • Are these the important pages I need to upload ? 1.  pages 1-4 are court form 10a 2.  2 pages of the CCA agreement  3.  Default notice from NewDay, 22/02/20 4.   Lowell letter stating they own debt ,     Dated 16/11/20 5. Unheaded letter also dated 16/11/20 from NewDay saying they assigned “all of the respective rights etc,”  to Lowell on 23/10/20 I make this 9 relevant pages from what I can see   ( all other pages are statements/default notes and lots of FCA info sheets) just needing your confirmation in advance as I don’t want to send over pages that are not required thank you  UCM      
    • Just out of curiosity aesmith - are you a lawyer?
    • I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver I could initiate a claim. Or much quicker  - the other entity - with a charge already - could use that to make an application for an order for sale.
    • Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
    • As they have failed to deliver their original PCN you will need to send them an SAR where they should provide that PCN. It should show the address they used . If it is not your current one that would explain the non delivery. If it was correct then perhaps the Post office messed up. A more cynical view would be that UKPC didn't send it so that you couldn't claim the reduction. It appears that UKPC have been there for some time  but I have been unable to find any pictures of their Notices.The leisure park itself is pretty big so while some parts maybe give 5 hours free parking other parts may have restrictions like permits. I haven't been there for years -I went  to Nandos and the bowling centre . I am surprised that they are now infested with UKPC as the place is plenty big enough not to require their dubious services. If you live not to far away it would help if you could get some legible pictures of their signs. Be carful to park in an area that doesn't require a permit and take photos of the entrance signs, the five hour sign and the permit only sign as well as any other signs that are different from the previous signs. Also if their is a payment machine could you please photograph that.
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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

 

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