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    • What is the value of the claim? Please can you post up the claim form in PDF format
    • Hello , sorry of this is in the wrong place. I have received in the post a County Court Claim claim form.  This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018. The debt isnt on any credit reports.  4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred their response We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts. We do not accept that the contents of these templates bear any particular relevance to your case. For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred. 10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ. Please help 
    • Please start your own topic in the following forum. https://www.consumeractiongroup.co.uk/forum/121-financial-legal-issues/
    • Hello , sorry of this is in the wrong place. I have received in the post a County Court Claim claim form.  This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018. The debt isnt on any credit reports.  4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred their response We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts. We do not accept that the contents of these templates bear any particular relevance to your case. For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred. 10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ. Please help 
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Moorcrft Stupidity


PGH7447
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Hi All,

 

I am currently dealing with Moorcr:o ft over an alledged debt on an HBOS/Sainsbury's Credit Card, while I do not dispute the debt and I am willing to pay towards it, I therefore offered to pay £20 a month towards this debt and forego the usual request for a CCA from this ridiculas company.

 

Accordingly I made the offer and send an intial payment along with a letter expressing my desire to pay this amount monthly by DD.

 

They responded by sending me a paying in book and saying they accepted my offer of £50 a month:-x

 

I ignored this and next month sent a second cheque for £20 as per my original offer.

 

They then asked me to send proof of income and expenditure, - No way they can whistle for this.

 

I then recieved a letter yesterday from some other lunatic department with RED lettering all over it saying it was from the Pre Courts division, telling me I am in default by £10 because I only sent £20 - "so they cant count either :eek: "

 

Question is, can I now CCA them even though I had originally offered to pay £20 a month, "that they seem incapable of understanding :-x " or do I just ignore the second letter from the Pre Courts Department LOL.

 

Thanks in advance for any advice.

 

PGH7447

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You can CCA, yes. No worries.... :)

 

Most of their letterheads have pre-court division on them and are either from A J Martin or one of his side-kicks; K Dyde, so no worries there either.

 

If you are happy paying, then just ignore it. Personally, I would CCA though (rec. delivery).

 

:)

  • Haha 1
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  • 2 months later...

Hi all just an Update on this, I sent a CCA Request to MoorCrap on the 31 Dec to which they replied we are looking for it, no further correspondence from these muppets, So well defaulted on, then today I received another demand for the same alledged debt from another I assume DCA "Eqidebt Ltd" giving me until the 24 March to Pay.

 

Now I understand that MoorCrap cant pass this on when in dispute, so what do I send Equidebt please, is it the letter stating that this is in default and I am suprised you have it?

 

Cheers in advance

 

PGH7447

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Going to send this is, this the correct letter?

Equidebt Ltd

Equity House

Ettingdon Rd

Wellesbourne

Warwickshire

CV35 9GA

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with Moorcroft and has been since 11 February 2008

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As Moorcroft is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Moorcroft for resolution of these defaults and breaches, as Equidebt Ltd cannot lawfully pursue any enforcement activities.

 

If Equidebt Ltd chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully,

PGH7447

 

 

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A J Martin or one of his side-kicks; K Dyde, so no worries there either.

 

I used to get letters from Moorcroft about 10 years ago & that persons name was on their letters even back then.

Moorcroft just wouldnt be Moorcroft without A J Martin :D

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  • 2 weeks later...

Received reply from Equidebt stating account now on hold while they contact the OC, I wonder if they will have better luck than Moorcroft.

 

Tempted to try and arrange payment plan with equidebt, because as I stated in first post I do recognise the debt, just that Moorcroft would not play ball, while the letter from Equidebt was actually very polite. also I will then be able to SAR the OC and reclaim any charges applied to account.

 

Any thoughts on this most welcome

 

Regards

 

PGH7447

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Received letter today from Moorcroft, saying they are no longer dealing with this has they are unable to provide a copy of the signed Credit Agreement as they are no longer dealing with the account!! :grin:

 

So they passed it to Equidebt as stated in an earlier post.

 

So will wait for the next phase with Equidebt to try and find one. :mad:

 

Score so far with this company regarding CCA's

 

PGH7447 - 2

Moorcrap - 0

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If Moorcroft didnt have it, would Sainsbury do you think ?.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Great result.

I love it everytime I read about a DCA closing their files.

Looking forward to when we start hearing about them

being shut down and their office doors being welded shut too.

 

I only seem to get Cagbotted when I start off topic threads

that peeps enjoy reading anyway.

Only happened twice so far, and one was a genuine mistake

as I typed stuff in the wrong window after a "small" glass of wine. :wink:

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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  • 3 weeks later...

Quick update

 

Received a letter from Equidebt today stating that the OC have no record of a dispute with either their Customer relations dept or Moorcroft - No CCA provided springs to mind - so can I provide proof of the dispute

 

Will send them

 

initial CCA Request dated 31 dec 07;

Moorcrofts Acknowledgment dated 10 Jan 08;

Equidebts initial contact letter dated 14 Mar 08;

Moorcorfts failure letter dated 26 Mar 08.

 

Is there anything else I should send?

 

Cheers

 

PGH7447

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