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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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Moorcroft - some help/guidance please.


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Hi,

 

This is my first post and am just after some advice please.

 

I have been paying Moorcroft since July 2005 for an Empire Stores Debt.

 

I missed my December payment of £20, and received a letter dated 11th January from them saying I had to send the arrears by return of post. I didn't do this as I was hoping to wait and just pay the arrears via standing order along with this month's payment, at the end of the month.

 

I then received another letter dated 21 January saying this has been passed to their home collections dept - and if I wanted to continue paying to Moorcroft, the arrears of £20 must be received by 10am on 28th January. I phoned them last night and the bloke said I could send a cheque tomorrow, so I agreed to this. I then called again tonight tonight and asked if I could pay it with my pre-pay Maestro card in the morning. The bloke I spoke that payment must be made by 10am tomorrow morning. He then said that as I have defaulted, the agreement of £20 per month no longer exists - and I will have to pay half of my oustanding balance (which after the £20 arrears have been paid will stand at £155.99) on Feb 24th and the remaining half on March 24th.

 

How can they do this? I am in an IVA and unfortunately Moorcroft caught up with me after the IVA was in place. I was considering phoning the company dealing with my IVA for some guidance, but saw this site and decided to give it a shot.

 

Any advice will be greatly appreciated.

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I personally would still phone the IVA for some guidance, but as I am not offay with an IVA keep looking on this site and I am sure you will get some good advice from the experts who have and are in the same position as you.

 

You are in good hands here, everybodies advice and experience has been helpful to me, I can sleep easily at night knowing that I am not alone

 

Sharon.

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Here's the templates you need.

 

Letter N for the CCA request. Do not sign your letter, send Recorded or special delivery, enclose £1 postal order.

 

If you have are harrassed by phone send them a telephone harrassment letter as well or do that anyway to avoid calls.

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

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Thanks, what happens next if the CCA isn't forthcoming after the 12 days?

If they do not produce a valid CCA within the 12 days then you can legally stop paying them. Being an Empire Stores Debt they will not have an executed CCA. If they continue to harrass you after the 12 days are up then report them to TS.

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hiya

 

i've dealt with moorcrap before i joined this site. i found them to be ok when i offered to go through my expenditure to describe how i couldn't afford the payments they wanted. they were happy to take what they could get!

 

however, i am sorely regretting it now as i cleared the debt.

 

i'd now say to go the cca way, and although it may get sticky at some times but just try and ride through it. if you have worries post on here there are loads of people to support you x

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Hi, I have been paying them for 2 and a half years and this is the only payment I've missed. I can afford to continue paying the £20 per month, but they are demanding I pay the £20 arrears then half the balance in Feb and the remaining half in March. I'll be sending the CCA tomorrow. I would like to know though, what is the procedure to stop paying them if they don't produce it within the 12 days? Will they just leave me alone? I'm also gonna ring my IVA supervisor in the morning to get his views.

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er... i think you just stop and let them get themselves into default. yeah i regularly fell into arrears and paid the last payment with the current one but with no problems, i used to say 'well i dont get paid until xxx date' and they'd say 'what can you afford today?' kind of thing. must admit i always tried to stay on the right side of them and spoke to them like i'd like to be spoken to. unfortunately i was very naive and decided to settle the debt to have a quiet(er!) life.

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Hi, I've had a few dealings with Moorcroft in the past and found their all talk and not really much action. When ever i was late with a payment I would pay them as soon as possible and send them a letter apologizing for the delay in payment and that I would catch up as soon I can. I would not agree to their demands if you can't afford it, after all you can't give them what you haven't got. I would put in a letter that you can afford the £20 a month as you have been doing but no more.

Never speak to them on the phone unless you record the conversation and tell them that you are recording it. I'm sure these advisers are trained in making you make pannick decisions, which result in you pannicking further.

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you could always point out that you did offer to make some contribution but as they are not willing to accept what you have offered you could say that in light of their actions you will be processing a reuest for a CCA then send your CCA at the same time. I send these guys 2 or 3 letters at a time for different things because that is exactly what they do to me!

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By sending the CCA you are putting the debt in dispute, if that's the route you want to go then don't pay anything. If you think that you didn't sign a credit agreement in the first place you have nothing to loose really, if they can't produce the CCA the debt is unenforceable.

Under Section 77 fixed sum credit of the Consumer Credit Act 1974 they have 12 days to produce one, if they don't under section 78 (6 a and b) of the Consumer Credit Act 1974, they are not entitled whilst a default continues to enforce any alleged agreement.

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I know this to be true because when Bryan Carter solicitors took me to court on behalf of shop direct i used them quotes from the consumer credit act in my defence to the court and Bryan Carter solicitor's dropped the case and I haven't paid them a penny since.

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Manna

 

Just remember how nasty they were to you on the phone. Send them the CCA letter. Make them prove that a debt actually exists and that they have a legal right to collect it. After 12 days you can LEGALLY stop paying them. THey can huff and puff all they like but without a properly executed CCA they can do absolutely nothing. If they continue to harrass and threaten you after failing to produce one then report them to Trading Standards. Above all things NEVER EVER SPEAK TO THEM ON THE PHONE

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I offered to pay these muppets £20 a month on a debt, but they insisted I pay £50, anyway sent £20 for 2 months running then got a letter from the pathetically named Pre Courts Divison - so sent CCA and stopped all payments, they are now in default. Serves em right for trying it on.

 

PGH7447

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I offered to pay these muppets £20 a month on a debt, but they insisted I pay £50, anyway sent £20 for 2 months running then got a letter from the pathetically named Pre Courts Divison - so sent CCA and stopped all payments, they are now in default. Serves em right for trying it on.

 

PGH7447

Most DCAs are so stupid. They send people nasty letters with all sorts of threats. Some people worry and believe them and cough up. More and more people google them and end up here and discover their rights and CCA the DCAs who it usually turns out cannot enforce a debt,

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Subbing.

 

The most incompetent DCA I have ever had dealings with. I have experienced all of the above at various points but alas cannot CCA them as I owe on a CCJ. They are swines for making up the rules as they go along and saying that payment agreements have been cancelled or overruled - it is just a ruse for the employee who gets the increased payment to earn more commission. I agree entirely that they are idiots who by harassing the debtor for an increased amount end up with a defaulted CCA request and get nothing. If a Home Collections agent turns up you are not obliged to open the door, let them in or even speak to them - they have no more right to visit you at home than anybody else, and under the OFT guidelines cannot visit you without an appointment.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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bear in mind Moorcroft are the shower who threatened to take a murdered girls mum to court as she hadnt paid her daughters phone bill.... and it seems refused to believe the girl was dead. Lovely people.. sooo competent :rolleyes:

THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!! :-)

THANK YOU SO MUCH FOR A FAB NITE LEE! xx

Sunderland 011008 - THE BEST BIRTHDAY PRESSIE EVER! 'Aww, it's your birthday! Happy birthday darlin!'

 

02 Apr 2008, 23:55

OfficialLeeRyan wrote:

i like that!! its simple and good and gets the fans involved aswell x x x

 

MY SUCCESSES -

 

1st Credit (Lloyds TSB) admitted no CCA, reply from OFT 130608, reply from FOS 040608, adjudication stage rejected but still no contact....

 

My mate (Littlewoods/Moorcroft)

300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.

070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...

140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT! :D

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