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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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littleoldme

please help .. MOORCROFT AGAIN

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i just had a horrible little man at my door asking for me. I asked who he was he refused to answer.

 

I could see his file and that it said moorcroft.

I told him to get off my property. and if he came back i would call the police. he kept asking who i was. then he decided that i was who he was looking for and said " thanks i wont be back ?" he was looking round my car etc??

 

i know that debt is for severn trent water but I have heard nothing from them or moorcroft since it told them to back off as it was in dispute. so now they seem to be trying to bully me by sending DCA unannounced to my door?

 

what do i do?? im shaking and tempted to call the police??

 

HELP??

 

thanks


:oops:customer is alwaze rite...... :p:confused:

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Moved to Debt Collection Forum


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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17 Port & Maritime Regiment RCT

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hi.. i just rang severn trent who told me that they will ring moorcroft and get a hold on account for 28 days? its all a complete mess because i asked for deduction from benefits thru a company called robinson way. but because its my partner who claims for us both at the moment, there was a confusion so they just passed it on to another collector... up pop moorcroft.. and they dont care a shiny one about anythin other than £££££ !!!

 

so basically no comunication with me the one they are trying to extort money out of... just bully boy tactics!

 

the last time a emailed them to tell them it was in dispute and heard nothing since today... and the germ that appeared on my doorstep.... ! where do they get off?? powertrip for them or summat?? good job OH wasnt in..... ! mind youprobly wudnt av been a bleep with him as harder to intimidate a male....???

:?


:oops:customer is alwaze rite...... :p:confused:

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It's a shame guns have been banned and you can't keep one by the front door for shooting all the rats that appear in your garden ;)


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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hi.. i just rang severn trent who told me that they will ring moorcroft and get a hold on account for 28 days? its all a complete mess because i asked for deduction from benefits thru a company called robinson way. but because its my partner who claims for us both at the moment, there was a confusion so they just passed it on to another collector... up pop moorcroft.. and they dont care a shiny one about anythin other than £££££ !!!

 

so basically no comunication with me the one they are trying to extort money out of... just bully boy tactics!

 

the last time a emailed them to tell them it was in dispute and heard nothing since today... and the germ that appeared on my doorstep.... ! where do they get off?? powertrip for them or summat?? good job OH wasnt in..... ! mind youprobly wudnt av been a bleep with him as harder to intimidate a male....???

:?

 

Moorcroft and robinson way. You really are at the bottom of the tank!

 

Has this been to court or are you paying the statutory min for a person on benefits?

 

Also you may be able to get help from one of the water charities depending on your circumsatnces.

 

Dont worry, looking round your car is him 'trying to put the frightners' on you. Then again he may have been wondering what those round things on it were!

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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get back to the water company and demand to know the name of the person who visited you as you wish to make a complaint to the OFT due to his failure to identify himself when asked and his aggressive manner

 

they ARE responsible for HIS actions as he was acting on their behalf- at least it will give them something to think about

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