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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
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just had from home visit from Mooorcroft re 8k cc debt!!


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Ok I was out tonight at the pub, and had a call from my mother around 8.30pm, to come home for a private matter (an 8k debt in my name to a credit card), so raced home and theres a geezer from [EDIT] Moorcroft plc awaiting sat on the couche, mother even made him of tea.

 

Mother asked me I owed 8K to the Halifax without even saying a word I was in total shock, the [EDIT] Moorcroft geezer tried to get my mother to sign up to £50 a week payment scheme even before I got home (would be over 2 years to pay the debt off in full I believe but he never actually mentioned this to me), I asked him why they hadnt taken me to court, he said yes they will do and will add on another £1000, I told him I didnt have £50 to my name, which is basically true.

 

After about 30 mins of argueing the geezer finally had it away on his toes, I never admitted the debt to him but my mother kept asking me if was my debt, he then gave his number to my father on the way out and asked him to contact him if he wanted to pay the debt in full.

 

It was so like he was prying on my parents to pay as he knew It was best chance.

 

Now my mother wants to pay the debt in full on my behalf to get rid of it, she isnt mad at me at all, having these sort of people knock on the door, thats the the kind of woman she is, says were entitled to one mistake, but if she pays it feel so bad.

 

Im in bits really, I thought the debt had finally gone away when Eos solutions defaulted on CCA request, and hadnt heard from [EDIT] Moorcroft since christmas.

 

If this cc debt is actualy mine there been no payment made for at least 2 years, as I havent had a credit card for 2 years at least, I have none now and no other debts.

 

im in tears I feel completly violated, all the private business been put out in the open.

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Hi gymfreak,

 

Wow! That must have been a shocker for you, not to mention the embarrassement (did I spell that right?)

 

If I was you, I`d have kicked him out without saying a word, even if your mum did ask the [EDIT] man in.

 

Did you say you have CCA them and they are in default? If so, you need to make an official complaint with [EDIT] Morecroft and possibly Trading Standards. Preying on your mum for a alleged debt belonging to someone else is definately a NO GO!

 

You say you argued for 30 mins? What about? There shouldn`t have been any question, you should have kicked him out straight away.

 

If it`s for a Credit Card, then maybe you could S.A.R - (Subject Access Request) the account and check out any charges and start a reclaim to throw a spanner in their rusty, corroded works.

 

Let us know what happens next mate, this is something I haven`t had happen to me, yet!

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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It may not been 30 mins but felt like it, he just kept asking if this debt was mine, then my mother asked me if it was my debt, I said I never heard of his company he said you wouldve had final demands through the post, so must have, I was completly shocked to be honest he said to my mother I would know if the debt was mine, in fairness he did ask if it was ok to speak in front of mother but was a tad late imo.

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Hi gymfreak,

I would definitely CCA them if you haven't already and also complain about his behaviour. DCAs are not allowed to discuss your business with anyone else whether they are other family members or not.

I would complain to the OFT for a breach of the Debt Collection guidelines and also complain to trading standards. TS may or may not help, because they vary widely in their usefulness depending on where you live, but it's definitely worth telling them.

That's my suggestions for starters and I'm sure you'll get lots of good advice from the real experts . All the best and don't worry.

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Hi again,

 

You should have said wether there is a debt or not, it`s none of his business and if there was you won`t talk about it to some [EDIT] you`ve only just met, so **** off!

 

Did he have any identification? A warrant? I bet he looked liked an ape in a cheap black skinhead jacket?

 

I reckon I`d be shocked too, but I wouldn`t have entertained him at all, and kicked him out. Your mum may have asked him in, but once you arrived home he would have soon become unwelcome.

 

Catch you later.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi Np

 

yes he had an identification card, he was a retired gentleman quite smart, hes actually lives in my village, mums seen him around so thats why she was so warming to him.

 

Guess that how how u get a home visit when the DCA has a local rep.

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If a cca request was sent originally (be it to a different dca) who defaulted on it then its still in default, you only need tell moorecroft this and that you will not be making any payments to them, they have no right to visit you and if they do again refuse entry, if they refused to leave then call the police

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The OFT guidelines state that they cannot visit you at home without a prior appointment and it is illegal for them to pursue you for a debt that is in dispute. He also breached the Data Protection Act discussing it with you in front of your parents. I would make a complaint to Moorcroft's Complaint's Department then when you have had their response - give them 8 weeks to reply - I would make a complaint to the Financial Ombudsman Service, requesting compensation for the stress and embarrassment caused by this visit. Moorcroft are totally out of order and if they carry on like this and enough people complain they are setting themselves up to lose their licence - they broke every rule in the book.

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What I would be tempted to do would be to ask the for proof of the debt ....... before sending a cca request

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

Did you have any corresponance from them prior to the visit ?

 

If you dont think the debt is yours I honestly think this is the way to try first see what they come back with

 

 

 

saint

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Gymfreak-know EXACTLY where your mum is coming from (used to sound very like her and would probably done exactly the same). My son is of a similar age to you and am just finding out the extent of his problems. If I could afford to bail him out I would do so in a heartbeat:) We sound very like your parents-do not like debt and will willingly pay whatever,which is what I have done in the past. No more though since finding CAG. Good avice from NP but maybe someone else will confirm.

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Im feel like going down the police station (doubt it would do any good) and reporting this guy, I feel hes totally violated my privacy came into my home, throwing accusations at my parents

 

I feel so low at the moment.

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Im feel like going down the police station (doubt it would do any good) and reporting this guy, I feel hes totally violated my privacy came into my home, throwing accusations at my parents

 

I feel so low at the moment.

 

Follow the advice given on this site. You will do him (and them) far more damage.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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Of course you must feel terrible - in shock too. That will lift. Remember- revenge is a dish best served cold. As Rooster says, you'll do far more damage following the advice already given to you.

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What I would be tempted to do would be to ask the for proof of the debt ....... before sending a cca request

 

 

Did you have any corresponance from them prior to the visit ?

 

If you dont think the debt is yours I honestly think this is the way to try first see what they come back with

 

 

 

saint

 

 

 

 

I would point out that I have no knowledge of any such debt being owed to

 

 

 

do I put moorcroft or the original creditor?

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Im feel like going down the police station (doubt it would do any good) and reporting this guy, I feel hes totally violated my privacy came into my home, throwing accusations at my parents

 

I feel so low at the moment.

reporting him for what? be serious. Find out if u owe this money and then deal with it that way. lots of people her that will help.
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Just coz he was in ur house means diddly squat. :rolleyes:

Technically he had every right to be there if he was invited in.

But you would have been well within your rights to refuse to answer any of his questions & answer "no comment" or "in writing only" everytime which is what i would have done just to annoy him.

He would soon get bored and leave :grin:

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For breaching the Data Protection Act for a start!

i don't see a breach of the dpa from what the op said, he was invited into the house and given a cup of tea? The guy has done nothing wrong other than to identify that he had the right house and the right guy. The op now has to determine if the debt is owed and decide what to do about that.

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PI guy your probably right,

 

However cant help feeling he shouldve asked if I lived there, and if when told I wasnt home shouldve left, no questions asked.

 

This is the 5th DCA agency this debt has been all have threatend me with the usual stuff, why have none taken me to court?? this is first home visit Ive had.

 

wheres discmandave when you need him

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i don't see a breach of the Data Protection Act from what the op said, he was invited into the house and given a cup of tea? The guy has done nothing wrong other than to identify that he had the right house and the right guy. The op now has to determine if the debt is owed and decide what to do about that.

 

If you read the original post, you will see that OP returned home because his mother phoned him after being told about the debt! The collector had clearly not only discussed the debt with a third party (breach of the Data Protection Act 1998 and the OFT Guidance), he had also tried to persuade OP's mother to pay (OFT Guidance again, trying to get a payment from a third party).

 

As well as carrying out the usual actions to determine if the debt is owed, OP should be making a formal complaint to Moorcroft, the OC (OFT Guidance, third party responsibility), and Trading Standards.

 

The lack of court action could be because the OC doesn't have an enforceable agreement - so the first move is to CCA Moorcroft.

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