Jump to content


  • Tweets

  • Posts

    • There are 10 pages, and the other 9 are standard. E.g. ask me whether plea or not, my information etc. I would like to send another begging letter, but there’s no email address of the prosecutor.😭
    • correct thats all they are duty bound to supply. what else were you expecting it to provide? dx    
    • you seriously need to read up here then you'd know these answers. and TBH you are panicking about a nothing burger. the process they must follow is: send a letter of claim. ASK northants bulk to raise a court claim. IF IF IF you lose and a judgement CCJ is granted, THEN they have 6yrs to enforce said judgement, but ofcourse this is a debt regulated by the consumer credit act so there is NO right of forced entry even if they do return to court within 6yrs from judgement and again ASK the court to send bailiffs out. as for statute barring, the 6yrs SB starts ticking from the issuance date of the default notice+14 days or from the date of YOUR last payment/use of the credit...whichever is the LATER. the issuance of a court claim (regardless to if it progresses anywhere) stops the SB clock.
    • sorry but we need the full n244, their witness statement and ALL exhibits to one mass PDF please to properly advise. we do not need statements or blank forms or info leaflets. if Kearns have sent you their N180 then.... https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148 3 copies yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket) 1 wit you Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') the rest is obv 1 to the court 1 to their sols (omit phone/sig/email) if no sols send to claimant 1 for your file ................. if they've sent an N181 please advise here. dx      
    • you dont have to await the 50% time to come, she could VT today and you hand the car back and then only have the remaining sum to the 50% mark to pay going fwd. just stopping paying is not really a worthy way forward, as if if if they were to goto court and attain a return of goods order, then she would be liable to hand the car back and have to pay the full sum on the agreement, just like if she were to let them just repo the car now, under Voluntary Termination, both of which you need to avoid...so do a VT ASAP. if she wants to keep the car, then do a time order. as for advice on other sites, which you should not be refering too anyway, use CAG, they always fall toward finance co's getting their maximum buck.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Moorcroft - some help/guidance please.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5796 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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,

Link to post
Share on other sites

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.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 5 months later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...