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    • Howler, I agree with everything dx and Manxman have said. You can do this, please don't let them win.   HB
    • Hi I have received a letter from Tesco stating they will no longer reply to me regards this matter. Even though ICO have raised concerns. Please help with where I should go now. 
    • Howler - don't get pissed off.  Look at it as a game.   If I remember correctly they threatened you with having a charge put on your wife's property - which you and your wife successfully got them to back down on and you got a written apology from the chief officer(?) of the Legal Aid service.   Now they've assessed your income and outgoings and have passed it onto debt collectors without any reference back to you and without giving you an opportunity to challenge their findings.  I'd be complaining to the Legal Aid service again that that is unfair and wrong.   I know you've recently had bad news in that you've been diagnosed with some sort of brain problem (sorry - don't know how else to put it) and your wife is not well, so all this is the last thing you want, but in the overall scheme of things, it is only money.   They say you owe them, what, about £106k?  Can you afford to pay it - NO!  What can they do about it?  Sue you - so what...  nobody dies from being sued.  Get on with your lives and you and your wife enjoy yourselves.   And remember, London1971 and dx100uk reckon you should be claiming back the money you've already paid them   Just don't get depressed or down about it.  It's simply not worth it.  Even if you lose it isn't worth worrying about and making your self (and your wife) more ill.   When (or rather IF) you get an actual court claim - come back.   (It's a bit like that old saying.  You owe the Legal Aid service £1000 - that's your problem.  You owe them £100k and can't pay it - that's their problem!)
    • Hi.   I agree with Dave on which way to go with this. I know you're new to all of it but it's worth more research to see how PPCs behave, if NCP have made any errors and so on.   HB
    • Well, it's up to you, but I would consider two things.   1.  If you wanted to give in, the time to give in would have been at the start.  They're now suing you and if you pay now you'll have to pay their costs, and if it goes to a court case and you lose you'll have to pay their costs, so in a sense you might as well continue the fight.   2.  Although you were "in the wrong", it's perfectly possible that NCP don't have planning permission or sent out their demand too late, or will simply discontinue if you put in a robust Witness Statement.   Meanwhile I've tweaked the defence a bit, see if others agree or disagree.   1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.   2.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.   3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.   4.  I believe that the claimant did not obtain planning permission granted for signage etc under the Town and Country Planning Act 2007.   5.  The Defendant has added additional amounts to the claim to try to circumvent limits on legal costs in an abuse of court procedure.  
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Argos account in dispute, passed onto Moorcroft.


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Hi just hoping someone can give me some advice please. I sent a CCA request to Argos and they sent me a copy of an application form with my signature on , I posted it up on here and was told that it was unenforcable. I sent Account in dispute letter to Argos and they replied saying that they had provided the information I requested. Two months down the line I have recieved a letter from Moorcroft saying that the account had been passed to them for collection. I wrote to them saying that Argos had sent a signed application form not a enforcable credit agreement and that the account is in dispute. I have recieved 2 letters back from them last week 1st letter saying that they have contacted Argos and they have been advised that they sent a letter to me informing me that they did fulfil their obligations under section 77/78of the CCA and that I need to contact them to discuss payment.Second letter ( NOTICE OF INTENDED LITIGATION). Can anyone advise me what I should do next. Thanks for your time.

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Don't be worried about the empty threats from pre printed moorcroft letters.

 

If the agreement is unenforceable then I would ignore moorcroft as you have already told them it is unenforceable. It will probably get passed back to argos.

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Moorcroft don't do anything - they give up quite easily. In addition their Notice of Intended litigation nonsense is against OFT guidelines as they send this toilet paper out as a matter of course and have no intentions of litigation. They also cannot litigate against you as they do not own the alleged account. I have also just discovered that as they are collecting on behalf of another DCA they are not data controllers (from the ICO today - I have posted a thread about it) so they can do nothing but ask for payment and their chances of getting any are nil. Report them to the OFT for pursuing an account in dispute and for threatening legal action they have no intentions of pursuing (1st Credit had restrictions put on them for doing exactly the same thing). Every report is another nail in their coffin. Send a copy of the OFT letter to Moorcroft's complaints Department and you won't see them for dust.

 

 

Enquiries and Reporting Centre

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Fleetbank House

2-6 Salisbury Square

London

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