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    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
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Hi , received reply from Moorcroft for Halifax credit card


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Hi there,sent CCA off for Moorcroft for Halifax Credit Card .

I have not made a payment on this account since December 2007 ,when i lost my job, kept getting phone calls from halifax ,saying i had to pay.

One morning received call from them, i asked if i could pay £20 a month, even though minimum payment was £78.00, he said "no he would not except it" ,also he asked me, "why i did not have a job? ", to which i replied ," the company had gone into liqidation", his answer to this was "that it was not that hard to get a job and i should start looking", to which i replied "bo^**ks and hung up.

I vowed that i would pay those idiots another penny,and now after all this time i have received this from (Moorcroft inbreds ), but would Halifax have a copy of this call on file,as it was them and not a DCA that called me,and told me to get a job ?

I had previously received a letter from Wescot re: this account ,to which i sent CCA letter ,received reply that they no longer had account and had been given back to creditor,many thanks.Steve

Moorcroft halifax account.pdf

Edited by littlefatbudha
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and you can duly file it with the others until they duly supply something thats relevant

 

 

duly yours

 

 

Ida x

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Forgive me, but:

 

As no court action has yet been initiated, is this not a request under the DPA (basically a SAR) and therefore liable to a £10 charge? :)

 

If we'd have sent this to them, without court papers being issued, then it would come under the DPA & a charge...

 

What about a letter telling them you cannot fulfil their request until proper payment has been recieved :)

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  • 4 weeks later...

that look similar to a online agreement but without the tick box for your sig.

 

is this the copy that you have? not that they sent you?

 

and it was deffinatley over the phone?

 

ida x

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what you have is not enforceable as it doesn't have your signature.

 

Ida x

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Thanks, well if they have it they could of taken me to court by now, it has been through to two DCA's and still no court letters, this is nearly two years without paying a penny to them.

Also if the default notice ,that they apparentally sent was to contain, unlawful charges such as late payment etc, would the default still be valid.

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Hi Babydoll, this was apparentally defaulted 8/2008 although, i dont recall receiving default notice, i have not paid them since 2007, but will be sending SAR to them as the default has charges included in it, to which i have been told it should not,which in that case would invalidate default notice.

Steve !

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Hi all,

Have just received CCA from Moorcroft this morning, could somebody have a look over it for me, to see it is enforceable, i have notice that nobody from Halifax has signed Agreement.

Also if it is enforceable, should i send SAR to Halifax ,as i feel the default is incorrect as it has Charges included, and secondally i do not recall receiving one in the post.

What would you suggest guys, i do not want to pay Moorcroft a penny !!!!

 

moorcroft_0001.jpg

 

moorcroft_0002.jpg

 

moorcroft_0003.jpg

Edited by littlefatbudha
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Hi guys, i am sorry to but in , but would somebody give me some advise regarding an agreement Moorcroft have sent me, a Halifax CCA, would somebody have a quick look, many thanks.Steve

 

Hi Steve,

No problem in butting...only united will kick them out for good...

 

I am sure I would receive the same response from them in my next move but I do not enter into any details with Moorcroft as while Halifax did not reply to my request yet (CCA), well over 5 months now and they are sneaking in just to kick you around when they should not as it is part of enforcement, I would not even bother too much...but it all depends of you situation.:confused:

I am sure that some others will jump in to rescue.:cool:

If I find out anything I should be letting you know as I am a step behind,... but will not let these ones as Moorcroft to step too much in.

I am ready for action if they go to court....which I do not think is the case ...again dep. on the situation...

Keep the faith,

DD:cool:

Edited by slick132
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Hi guys, i am sorry to but in , but would somebody give me some advise regarding an agreement Moorcroft have sent me, a Halifax CCA, would somebody have a quick look, many thanks.Steve

 

Hi Steve again,

If you have your own thread then I am sure someone will be able to answer you stright away.

I have looked again (but I am not experienced) and it does say on the second page with a ticked box...turn back to the page 3 of the agreement...

Do you have the agreement??? Any links to the pages???

How did you manage to ask them to disclose the documents??? Did you CCA-ed Halifax and they did not respond or responded with the application form only??

Send the link to your thread please and the answers will be there...as I said I am not the best but I try to help as much as I know.:-)

DD

Edited by slick132
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