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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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Moorcroft DCA CCA return for Halifax Loan Debt


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Hi all, both myself and OH have got ourselves in debt and are receiving threatograms from various DCA's.

 

We could borrow from a relative and pay these off but would rather not pay a DCA.

 

Could someone be kind enough to check this CCA doc my hubby received from Moorcraft?

 

It's a Halifax Loan which was taken over by Moorcraft.

 

He has tried contacting Halifax but they have told him to deal directly with these people.

 

Moorcraft has placed his account on hold for 14 days.

 

Any advice would be very welcome.

 

Thanks as always

scan 1.pdf

Edited by dx100uk
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moved to Halifax forum and thread title amended.

 

who are moorcrofts stated clients

they don't buy debt only chase

 

when did you take this out

when did you last pay?

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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Unfortunately, since 2007 they have tightened up the rules in regards to CCAs and if it has explicit details like who the agreement was made between such as your name(s) addresses, interest rates, repayment amount, installments, etc. on the first page is usually legitimate.

 

If you have defaulted they (Halifax) would have needed to send a notice of default as this is the first stage of passing off any debt to an external DCA.

Once they pass it to a DCA, unfortunately, you cannot resolve the problem with the original creditor by paying them (Halifax) directly.

 

However, if Halifax had passed this to Moorcroft you should have received a Notice of Assignment which I am 110% sure they must do if they 'sell' the debt.

If only management of the debt is the case I am not so sure.

 

There is no panic though because they CANNOT bankrupt you if the debt commitment is less than around £5000 because this changed sometime ago.

They could take you to court and you would end up with a CCJ but this is a pain for them because courts remove ANY control they have over the debt i.e. they can't harass you or demand more payments, etc. and they tend to resort to this more for things not covered by the Consumer Credit Acts.

 

You could ask Moorcroft for both a copy of the Notice of Assignment and a copy of the CCA (you can get a formal request letter template off this site I believe) which really proves awkward to a lot of DCAs because they are required to get it with 18 days and then they are legally bound by rules governing this (you will have to look them up as I can't remember them all). You must enclose a payment of £1 with the request (Postal Order, Cheque, etc.) which they can ONLY use for that request.

 

Mostly, if you have to pay amounts don't offer them more than you can spare/afford taking into account circumstances may change. Most will not typically take less than £5 pcm so you start with this and negotiate. Most DCAs take these 'token' payments and then can't really do anything if you continue to pay regularly.

 

I don't know if this helps but I have infinitely more debt than yourselves and luckily most predate the 2007 changes so are harder for DCAs to enforce and I have been paying small payments for years and increasing them when I could but I also got close to being taken to court and managed to force the DCA to back down so I have learned a lot from this.

 

The main thing is to not panic and, yes, there is always worry but the DCA who tried to take me to court was hit with a HUGE fine for their practices so DCAs have been just using fear tactics with more subtletly.

 

Don't answer phone calls (bar them if you can) and force them to write as I had phone conversations where they conveniently forget agreements (even if they say they are recorded).

 

Don't know if this helps but good luck.

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Hi there, many thanks for your replies, much appreciated!

dx100uk - loan was taken out Sept 2015 - last payment made 14th Dec 2016. Halifax original creditor - think Moorcroft might only be chasing on behalf of them.

kekeeler - No Notice of Assignment, also Moorcroft not showing on Credit File.

Should we SAR Halifax? They have refused to talk to us and keep directing us to Moorcroft. Not sure what to do next?

Thanks again guys x

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ignore Moorcroft totally then

did you sign an agreement or was this online sign up

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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just pay via your online banking portal what you can.

use those letter we pointed to in the debt collection library offering £XX for XXmts due to hardship

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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Share on other sites

logging on to what?

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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d'oh! I've only gone and drafted up some SAR letters, and bought £10 postal orders to use with these and then realised there's a new SAR you can use from Friday under new guidelines and you don't need to pay the tenner!

Sometime I wonder at myself

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All you need to get is the banks account number and sort code, then you set up a standing order at your bank with those details to pay whatever you can afford.

 

 

STOP talking to shallowfax over the phone, the clowns they employ to sit on them have only just progressed from flipping burgers.

 

 

Keep everything in writing, and ignore moorcr@p.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I luv coming on here even if it's just to bloody well cheer meself up!

 

 

 

 

:thumb:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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you don't need that you need their payment details AC/sort should be on their letter reverse

 

do NOT use their payment portal on their website

user YOUR interweb banking portal on halifax

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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wont be on the CCA will be on a debt chasing letter

 

 

if you go on your banks interweb portal

select the pay someone section

there should be a drop down menu

find Halifax

use your card number as the ref number

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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After a lot of looking around I managed to get the sort code and account number for Halifax Loans. In case anyone reading this needs it - sort code: 77 77 90 Account No: 90000468

Thanks guys for your help as always xx

Edited by Andyorch
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