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    • I had some good news on this yesterday as the dealer refunded me in full. This wasn't without a fight though and he was digging his heels in. I did mention my rights several times and dismissed his claims regarding a warranty.   I was due to drop it off at his mechanics yesterday but they were closed until Monday. He said he would get the issues fixed before reselling it. I've checked this morning and the car is listed back on Autotrader. It's obvious they don't care.   Thanks all to helped on here.
    • So if this is a claim for all losses including your uninsured losses I am not sure why you would not be assisting. The court claim in your name as you are the party looking to recover losses as a result of the accident. The Insurers or their legal people will do all of the work.
    • As you are the renter of the garage, you have a direct right to sue the person who erected the bar in the tort of nuisance. Very straightforward and you can do it as a small claim by suing for the return of your money and a small amount of damages - say £100.   We can help you.   Get together with the other people affected and do it together.   Normally you would want an order from the court that he stops the nuisance.  This would be a more complicated procedure - but if you win your small claim action is is scarcely imaginable that he will continue.   Nuisance is the wrongful interference with the enjoyment of land and as long as you have a legitimate interest in the land then any interference with that could be a nuisance. You are renter and he has interfered with your access to it
    • Is this a lock up in a block behind houses, and the path is just wide enough vor vehicles to access. ?  If the HA could be bothered they should be the initial contasct as per DX, its up to them to tolchock tne other renter if there is no permission to restrict access.
    • Get the statement which you have been offered.  It will be extremely important to your case.   I would suggest that you write to him and tell him that only a full refund will be acceptable and that you are extending your deadline by a further 5 days after which you will issue the claim without further discussion.   I agree that you are in a bind about needing a car etc.   If you fell that you would be better served by getting it repaired and suing for those costs then that is certainly an option.  In that case get 2 quotes for the work and send then to him and tell him that you are going to put the work in hand in 5 days and that you will be suing him for the cost.   However, don't forget that you will still be saddled with the vehicle and if there are further problems in the future you will still be faced with the same issues with this dealer.   You would be much better off making a clean break and suing for the refund.   Whatever, get the statement - post a copy here.    
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Staichey

New person, lots of help needed!!

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Hi all, I have been reading these forums for a while and picking up some very valuable tips but the time has come for me to face up to my debts and sort them out.

 

 

  • Firstly, I have bank charges, which I am beginning to reclaim (I have just printed the 1st disclosure letter and will send it in the morning :))
  • Secondly, I have a credit card (taken before 2007) that has gone over the limit (entirely in charges, over £700 worth so far, which I have refused to pay)
  • And thirdly, I have £117.50 outstanding to orange for an unpaid bill. This has now escalated to "Moorcroft Debt Recovery Limited" (anyone heard of them?) who are sending me threatening letters. So far, I have merely responded pointing out the nasty tone of the letters and counter threatening to take legal action for harrassment, which has kept them at bay, but the simple fact is I do need to do something about all this.

 

All of these debts have come from suddenly losing my job last year, and being unable to keep up any repayments or monthly direct debits. Up until now I have just buried my head :oops: but I am so sick of all these letters and harrassment I NEED to do something. Every time I earn something it instantly disappears into my banks pocket!!

 

 

Any help with the above points would be GREATLY appreciated, or links to relevant parts of the site where I can copy standardised letters relevant to the cases above :D

 

Thank you in advance, I am happy I found this site :)

 

Steve

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Hi Staichey

 

You will be so glad you found this site, I know I am because I had no idea that any of the information I discovered was possible. Im still reading and learning myself so cant really give you any advice only that if you are following the step by step guide on this forum you will soon feel less pressure from creditors and hopefully reclaim some charges.

 

Best of luck to you.

 

Ang

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Welcome to CAG, Steve

 

 

  • Firstly, I have bank charges, which I am beginning to reclaim (I have just printed the 1st disclosure letter and will send it in the morning :))
  • Secondly, I have a credit card (taken before 2007) that has gone over the limit (entirely in charges, over £700 worth so far, which I have refused to pay)

1. Have you started a claim on these too? If not, do so without delay & claim the contractual interest on top (it's the 'advanced' spreadsheet) This should help offset your debt considerably.

 

2. Have you sent for a CCA to see if it's enforceable?

 

  • And thirdly, I have £117.50 outstanding to orange for an unpaid bill. This has now escalated to "Moorcroft Debt Recovery Limited" (anyone heard of them?) who are sending me threatening letters. So far, I have merely responded pointing out the nasty tone of the letters and counter threatening to take legal action for harrassment, which has kept them at bay, but the simple fact is I do need to do something about all this.

If your account is correct (ask Moorcroft for a statement, it's FOC), an offer to pay them a small sum each month might satisfy them. Don't be bullied into paying a large sum & don't let them charge you any extra in so called interest or charges unless your Orange agreement permits it. Keep everything in writing & tell them you will only correspond with them as such. You can then send the 'harassment' letter if they try to contact you by phone etc.

Template here (thanks to supasnooper):

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorized any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

It is my right to require that this telephone line, which is licensed solely to me, is kept clear for my own personal calls.

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

Continued interference with my contractual rights in this manner may result in legal action.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

Be advised that all telephone calls from your company will be recorded.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • Firstly, I have bank charges, which I am beginning to reclaim (I have just printed the 1st disclosure letter and will send it in the morning :-))
  • Secondly, I have a credit card (taken before 2007) that has gone over the limit (entirely in charges, over £700 worth so far, which I have refused to pay)

1. Have you started a claim on these too? If not, do so without delay & claim the contractual interest on top (it's the 'advanced' spreadsheet) This should help offset your debt considerably.

 

2. Have you sent for a CCA to see if it's enforceable?

 

  • And thirdly, I have £117.50 outstanding to orange for an unpaid bill. This has now escalated to "Moorcroft Debt Recovery Limited" (anyone heard of them?) who are sending me threatening letters. So far, I have merely responded pointing out the nasty tone of the letters and counter threatening to take legal action for harrassment, which has kept them at bay, but the simple fact is I do need to do something about all this.

If your account is correct (ask Moorcroft for a statement, it's FOC), an offer to pay them a small sum each month might satisfy them. Don't be bullied into paying a large sum & don't let them charge you any extra in so called interest or charges unless your Orange agreement permits it. Keep everything in writing & tell them you will only correspond with them as such. You can then send the 'harassment' letter if they try to contact you by phone etc.

Template here (thanks to supasnooper):

 

Hi and many thanks for your advice.

 

I have only sent a letter to my bank regarding my current account charges, I have not sent anything regarding the credit card, where do I start doing this?

 

As for the Moorcroft, I have an agreement where I pay £10 per month already in place. I however (entirely my fault) missed a payment (as I had no paying in book that they promised me thus no meams to pay) so they sent me a letter threatening to send bailiffs and take court action. To be honest, I really dont mind paying the £10, but if I can use any templates here to help my case then I will attempt to do so.

 

Any further advice would be great, I really dont know where to start! And thanks for the welcomes. :)

 

Steve

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Oh and Moorcrofts letter now requests the total amount to be payed, I will type it up later, Im just about to had out for a while.

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I have only sent a letter to my bank regarding my current account charges, I have not sent anything regarding the credit card, where do I start doing this?

 

The process is more or less the same as for the bank charges except that the CC claims are not stayed so they should pay out (even if you have to take them to the court doors!) The info is here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

 

You will need your statements to calculate how much you are owed. If you don't have them, you ned to send a SAR. This costs £10.00, sign name & then put crosses through it (to prevent copying & pasting) send Rec. Del. Template is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

I suggest you also specifically ask for your credit agreement as part of the SARs package, then if you receive it you will be able to see if it's enforceable; alternatively you can send a request under CCA1974 for it with which they have to comply within 12+2 days or you can put the account in dispute & withold payments until they do produce. It costs £1.00, send PO, do not sign the letter, send Rec. Del. (BTW they will default you for this & poss. commence legal action for recovery but unless they cna produce an agreement, they cannot prove the debt)

As for the Moorcroft, I have an agreement where I pay £10 per month already in place. I however (entirely my fault) missed a payment (as I had no paying in book that they promised me thus no meams to pay) so they sent me a letter threatening to send bailiffs and take court action. To be honest, I really dont mind paying the £10, but if I can use any templates here to help my case then I will attempt to do so.

 

Sometimes I think Moorcrofts can't read or hear what is in front of them. Suggest you write to them, stating that they have not sent the paying in book as promised, enclose £10.00 PO for your missing payment, request paying in book again & state that unless you receive it by return you will consider that they are frustrating your intentions to pay on time & that this will be brought to the attention of a court should they commence legal proceedings for non-payment of account (a court will not view it favourably ;)). Send Rec. Del.

 

Do not worry about their threats or demand for full payment at this time. I think you will find that if you continue to make payments, this letter will just be a threat & that no action will be taken. If they do take action, you can ask the court to allow monthly payments anyway (in view of your circumstances, it may even be less than £10) so they are unlikely to get the full sum on demand.

 

FG


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I have just sent the SAR to my bank :)

 

Where do I find a template for the CC agreement?

 

 

Regarding moorcroft, this is the letter they sent:

Our record show that despite our letters to you, you have defaulted on the agreement we reached with the result that you are now in arrears for the sum of £10.00

 

As a result your account has now been passed on to our Home Collections Division for acion. This may involve our local representative calling at your home address within the next few days to try to assist you and to seek to establish how you propose to settle the the balance outstanding.

 

We would emphasise that if no satisfactory agreement is made with us or our local representative you may leave us no alternative but to recommend to our client that they instruct solicitors to commence legal proceedings against you without further notice.

 

This is the SECOND time they have sent this letter, the last time they sent it I replied, with a cheque:

 

Dear Sir/Madam,

 

Following your letter to me dated 20th June 2009, I felt I had to respond in writing along with a cheque for £10 to clear my account of arrears.

 

It is my understanding that a debt collection agency, or any agency should conduct themselves with the utmost decency and respect to their clients, whether they are in debt or not.

 

Just because I am in an unfortunate financial situation does not make me a criminal, nor does it give you carte blanche to write sarcastic letters to your clients should they miss payment.

 

I will apologise for missing my payment, it was an oversight on my behalf, and I will try to keep my payments on time from now on.

 

May I also advise you that should I receive an unsatisfactory response from yourselves (and I do expect a personally written response) or any further sarcastic or unprofessionally worded letters I will take this matter up with the Legal Complaints Service. May I bring to your attention that they take a very dim view of misuse of the court system to frustrate justice and to otherwise intimidate litigants.

 

Furthermore, I have no means of payment as I have not received the payment book that I was promised. If you would be so kind as to furnish me with one I would be much obliged. It is in your interests to do this, as I will be able to keep my payments on time from now on.

 

Sincerely

 

I sent a cheque (which I will find out today if it has been cashed) but they have still sent the letter threatening legal action.

 

I telephoned them last night, and they claim to have not received it. They said that if a letter of dispute was received then it may have gone to a different department from the cheque. I informed them that they had not instructed me at any time to put my reference number on the reverse of the cheque, and that it was THEIR problem that the two had been seperated.

 

Now, they havent credited my account with the £10 I sent, but should I find out that they have deposited the cheque, is that theft?

 

I intend to send them a letter (I will post it up here first if you want?) but I will write it in an incredibly sarcastic tone, (I will include the template i found about bailiffs and home visits) and I also intend to write the cheque on a piece of wood, 1m long. The idea being that THEY WONT MISS IT.

 

I am livid that it is their incompetence that has led to this. I might be in an unfortunate situation (entirely of my own making, and I am NOT trying to worm my way out of paying, it seems because of their lack of brainpower, I cant!) but I am trying to make reparations for this, but getting frustrated at every turn.

 

Steve :)

Edited by Staichey

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Ok, I have just typed up this letter, and I am going to the shed to make my novelty cheque this afternoon.

 

I still havent sent this yet, please advise if it is over the top. Like I have said, I dont mind paying the £10 per month, what I do take exception to is utter incompetence and threats, when I do pay!

 

 

Dear Sir/Madam,

 

PLEASE DO NOT SEPERATE THIS LETTER FROM THE CHEQUE ENCLOSED.

 

Following your letter to me dated 30th June 2009, I felt I had to respond in writing AGAIN, along with ANOTHER cheque for £10 to clear my account of arrears. You will find that any bank will treat the cheque as legal, as it contains all the relevant information on any standard cheque. I have made the effort this time to make sure that it is almost impossible for you to LOSE the cheque through your own incompetence, much like you did following my initial reply to your letter dated 20th June to me. I spoke to a very unhelpful member of your team on the telephone at approximately 4:30pm on 2nd July 2009. I had NO wish to do this, I was merely LIVID (though I remained calm on the telephone) that having sent the £10 you requested in your letter dated 20th June, you then proceeded to IGNORE what I had sent, and continued threatening me. She informed me that had my cheque and letter arrived, they may have been separated. Please explain to me how that is my problem? She also repeated the same words over and over again when I disputed that the cheque had not arrived. It simply is not my problem that the two have been separated at your end, I have no control over what you do with a letter once it has been delivered, or do you expect me to hand deliver it to yourselves? I fear I might get lost in your idiotic admin system, so I will refrain from doing that, sorry to disappoint. It is now up to you to credit my account with the £10 I Initially sent or I will commence legal proceedings against you for theft. ****(SHOULD I FIND THE CHEQUE WAS CASHED)****

 

It is my understanding that a debt collection agency, or any agency should conduct themselves with the utmost decency and respect to their clients, whether they are in debt or not.

 

Just because I am in an unfortunate financial situation does not make me a criminal, nor does it give you carte blanche to write threatening letters to your clients should they miss payment.

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please also be advised that the Legal Complaints Service take a very dim view of misuse of the court system to frustrate justice and to otherwise intimidate litigants.

 

Furthermore, I STILL have no means of payment as I have not received the payment book that I was promised. Maybe it was separated from its original letter when it reached my letterbox, due to my clerical disorganisation? I seriously doubt that, I monitor my inbound mail very closely. It really isn’t difficult. You should try it sometime.

 

If you would be so kind as to furnish me with one I would be much obliged. It is in your interests to do this, especially at the second time of asking, as I will be able to keep my payments on time from now on.

 

 

 

Sincerely

 

 

Speedy Gonzales

 

I wont sign it.

Edited by Staichey

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Where do I find a template for the CC agreement?

 

Try this one:

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a true copy of my credit agreement on request & would be grateful if you would send me a copy of the original credit agreement within 12 working days as specified in the above Act.

You are notified that you are legally obliged to supply these documents, whether you are the original creditor or not.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

 

 

Regarding Moorcroft, you have to learn to take anything they say with a large dose of suspicion & make sure anything you send to them is sent Rec. Del. Also realise that threats are part of their raison d'etre - don't let them upset you. Your vented sarcasm may make you feel better but will be completely wasted on them (not sure they can even read the corresp. anyway) - much better to kick the fridge & use the law to your benefit. ;)

 

1. I suspect your cheque has been received, if not actually banked, & therefore credited to your account . Did you send it Rec. Del or have you proof of posting? If so, you don't need to do anything further.

 

2. It is very unlikely that anyone will call at your home but you may want to adapt this letter to send to Moorcrofts to ensure they don't:

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

3. There is a very good reason that I said use POs rather than cheques - you don't have to sign them & you don't want the DCA doing a copy & paste job of your sig. onto another doc. eg an agreement.

 

 


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Regarding Moorcroft, you have to learn to take anything they say with a large dose of suspicion & make sure anything you send to them is sent Rec. Del. Also realise that threats are part of their raison d'etre - don't let them upset you. Your vented sarcasm may make you feel better but will be completely wasted on them (not sure they can even read the corresp. anyway) - much better to kick the fridge & use the law to your benefit. ;)

 

1. I suspect your cheque has been received, if not actually banked, & therefore credited to your account . Did you send it Rec. Del or have you proof of posting? If so, you don't need to do anything further. No, I sent it first class :oops: will find out today if it has been deposited, then i WILL be on the phone to a solicitor regarding theft of my money.

 

2. It is very unlikely that anyone will call at your home but you may want to adapt this letter to send to Moorcrofts to ensure they don't:

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yep, I have included that in my letter above :)

3. There is a very good reason that I said use POs rather than cheques - you don't have to sign them & you don't want the DCA doing a copy & paste job of your sig. onto another doc. eg an agreement. Surely that is hugely illegal? Hard to prove though, and point taken, so I will make sure to use PO's when disputing from now on.

 

 

 

 

Thanks for your advice. Im not sure about kicking the fridge though, with moorcroft I want to send them ridiculously sarcastic letters and make life difficult for them, like they have for me. :D

 

Ive got some brilliant ideas for future letters from this site: Go Away (contains swearing, probably NSFW to be safe)

 

With the banks and my CC, I will take them seriously, and go through the proper channels, but I cant help myself from poking fun at moorcrofts incompetence.

 

On a similar subject, I wrote a sarcastic letter to the job centre recently about them not seeing me for a pre arranged appointment and they have bent over backwards to accomodate me, when all I wanted to do was vent some of my anger at them. I certainly didn't expect such a sarcastic letter to be taken seriously! :)

 

Steve

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On a similar subject, I wrote a sarcastic letter to the job centre recently about them not seeing me for a pre arranged appointment and they have bent over backwards to accomodate me, when all I wanted to do was vent some of my anger at them. I certainly didn't expect such a sarcastic letter to be taken seriously!

 

Just don't go expecting a similar result with Moorcrofts! :rolleyes:


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi Staichey -- probably advisable to edit your post at #8 as you've left your full name on the letter.

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Just don't go expecting a similar result with Moorcrofts! :rolleyes:

 

I don't at all, but I do feel better having posted the letter to them :D

 

Hi Staichey -- probably advisable to edit your post at #8 as you've left your full name on the letter.

 

Done, thanks for spotting! :D

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Speedy Gonzales==LOL

 

showing your age now though!!

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26 ;)

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