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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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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Share on other sites

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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