Jump to content


  • Tweets

  • Posts

    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CCA request.letter recieved in answer..


shi-tzu
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4647 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am confused with the response that was recieved in the letter I received from Moorcroft debt recovery. when I sent of for a cca with £1 p/o. The letter clearly states that they regret because of the age of the account over 6 years old their client is unable to produce a copy of the document..so they returned my £1..they then went on to say that their clients believe that the balance remains due & payable.so they want immeadiate payment of this sum. Also in this letter they say The Information commisioners office has confimed that whereas a debtor is not obliged to repay the account due to the provisions of the consumer credit act. this does not mean that their was no enforceable agreement..can somebody explain this to me in plain English please..thanks.

Link to post
Share on other sites

Guest Cartaphilus
The letter clearly states that they regret because of the age of the account over

6 years
link3.gif
old their client is unable to produce a copy of the document..so they returned my £1..they then went on to say that their clients believe that the balance remains due & payable.

 

Translation maybe should be:

 

'We, at Moorcroft, believe it's still payable' because you have requested your CCA and we know what it means when one cannot be found/doesn't exist.

Link to post
Share on other sites

You need to send The Statute Barred letter the templates on here.

Basically you tell them that nit is stat barred and you will not be making any payments or offers of payments

The Office of Fair Trading Guidance states it is unfair to pursue a stat barred debt once the debtor has

stated they will not pay.

Send letter RD do not sign print name only.

Edited by BRIGADIER2JCS

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Send this, not the SB:

 

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Link to post
Share on other sites

Thank you Harrassed Senior..I will send of the letter right away...Yes. you are correct in assuming that Moorcroft have not sent me what I requested.in my letter.I copied the CCA template letter off here.& followed all the instructions correctly..as well as the CCA I also asked them to send me statement of account .neither have been sent..

Link to post
Share on other sites

Please bear in mind that the templates here haven't been updated yet - you need to make the amendments to the letter in red:

 

Should you refuse to comply, you must within 21 days provide me with a detailed

Breakdown
link3.gif
of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within
21
days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest
link3.gif
or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have
21
days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

Link to post
Share on other sites

  • 2 weeks later...

I received this letter in response..please be assured that your account is now on hold whilst we investigate this matter further with our client.and we will communicate their response to you upon receipt.. I was under the impression that Moorcroft had bought the account. are they bluffing??

Link to post
Share on other sites

Guest Cartaphilus

Standard generated gibberish. However, if they do own the debt then they shouldn't be having to 'investigate' anything. But at least they appear to confirm they don't have it in a round about way. Wait to hear from them and whatever they provide or not. Ignore any communication until they do.

Link to post
Share on other sites

  • 4 weeks later...

Since my last posting..I have just received a letter from Midas Legal Services..THE HEADING on the letter reads--Litigation Warning..they state that they are part of the Moorcroft Group, and go on to say that they are aware that you (me) have failed to reach a repayment agreement with Moorcroft. and they are now reviewing the account prior to legal action by external solicitors acting on behalf of our clients..to prevent possible further action you must contact Moorcroft debt recovery..I was under the impression. that Moorcroft had put this account on hold from there last corrospondance to me..WHAT NOW???

Link to post
Share on other sites

Send Moorcroft a reminder:

Dear Morons

 

FORMAL COMPLAINT

 

Re: (details of creditor, acccount no. etc.)

 

On (date) I formally disputed the above debt because you had failed to comply with the request I made pursuant to s.77/78(1) of the Consumer Credit Act 1974. In your reply, you indicated that (creditor) was unable to supply the agreement. I therefore formally disputed the debt. In these circumstances, you are obliged, under the Office of Fair Trading Guidance on Debt Collection, to suspend all collection activity.

 

Your letter dated (date), on your 'Midas Legal Services' letterhead, appears to be a clear breach of the OFT Guidance, and this letter is a formal complaint about your unfair practice. I require you to deal with my complaint under your complaint procedure, a copy of which I require you to send me without delay.

 

For the avoidance of doubt, the matter remains in dispute, and will do so until you comply fully and properly with my request for a true copy of the agreement.

 

Yours etc.

Link to post
Share on other sites

  • 2 weeks later...

:smile:hi scalet pimpernel.. I have just recieved a reply to the formal complaint letter that was sent to Moorcroft..unfortunatly I am unable to scan same.as I dont have a scanner. So I will condense the subject in the letter.as it reads like a novel..ah ah.

Send Moorcroft a reminder:
Link to post
Share on other sites

so here goes---From the info available to them it is their understanding that I am disputing the above account...because of my recent request for a copy of original agreement with their client..( clever Bs arnt they)They then go on to say...they would like to reasure me .that they receive all accounts in good faith(who are they kidding) and believe the info provided is accurate and the account is free from dispute..they say it is thier understanding that accounts of this type are refer to them under the terms & conditions of my original contract with thier client & section 9 of the lending code which all banks subscribe to...then more gobbly gook..to boring to write....they go on to say that they have tried to assist me in obtaining the documents I requested..and they provided me with their clients response..( due to age of debt not able to send me COA) Then at last...:-DAS their appears to be a genuine conflict of opinion here between my preception of the account in question & the views expressed by their client.it is clear there is an impasse here with regards to the account..so to cut a long boring story short,, they are returning the account back to their client.. so is this the END...hope so for my sanities sake.:|

Link to post
Share on other sites

Hi

It is the end for Moorcroft but as sure as apples is apples, the original creditor will pass it on to some other poor sap who will attempt to chase you and the whole rigmarole starts again. You never know, once it's done the ever decreasing circle of DCA's it may end up back with Moorcroft. This is how they work.

Don't worry if another DCA does show up. We have letters to send them scampering off to mummy:-)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Surely now the account is in dispute..That should stop any other D.C.A. persuing it???. otherwise what is the point of requesting A True copy of original agreement from DCA. As TSB. are the original Creditor,am I not best to contact them to ask them for Copy of Agreement?. or do I let sleeping DOGS lie??? dont fancy going on the many DCA merry roundabouts.... Thanks for all advice...

Link to post
Share on other sites

  • 9 months later...

Hi silverfox 1961..well here we go again---just recieved another DCA letter for above account..from IND ltd.followed by a letter fromSRJ debt recoveries..for same.IND ltd. write that they have been assigned by TSB bank.to take over the outstanding Balance..they go on to say--under the terms of this assignment and as defined in the DATA PROTECTION ACT 1998.IND ltd is now the data controller of your personal data contained in the records of this account..Then a week later I recieved a letter from S.R.J.debt recoveries.Stating IND ltd their client has attempted to contact you on numerous occasions ( this is ballony) so to cut the story short..( my words) they made tracing enquires for confirmation of my currant address..They threaten me with court proceedings without further notice..can you help me in what to do next.???

Link to post
Share on other sites

Hi, to save me reading all through the thread what type

odf account is this?

I did note one piece of advice, that doing

a CCA request put the account in dispute, strictly

speaking the failure to provide the CCA leaves

you the opportunity to put it in dispute.

The only restriction on the DCA is they cannot

start enforcement (court) action while the

dispute continues, normal collection action can continue.

 

Have you done a subject access request (DSAR) to the original

creditor yet?

 

Can you please post up the letters you have received, after

removing all personal data and bar codes, so the guys can advise

better?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Thanks for the info Brigadier... But I DONT SEE ANY USE IN SENDING A DSAR To them as Tsb as already stated the debt is over 6 years old & they have no paperwork relating to this assumed debt to send me.. I already have sent a CCA to Moorcroft who where the initial dca..they threw the account back to TSB..who in turn have now sold it on to IND ltd.. I just need to know if I have to send out another CCA letter to these jokers..or would It have to be account in dispute letter..hope I have explained this clearly..:!:

Hi, to save me reading all through the thread what type

odf account is this?

I did note one piece of advice, that doing

a CCA request put the account in dispute, strictly

speaking the failure to provide the CCA leaves

you the opportunity to put it in dispute.

The only restriction on the DCA is they cannot

start enforcement (court) action while the

dispute continues, normal collection action can continue.

 

Have you done a subject access request (DSAR) to the original

creditor yet?

 

Can you please post up the letters you have received, after

removing all personal data and bar codes, so the guys can advise

better?

Link to post
Share on other sites

I in that case they can all B orf.

Just send the SB letter and state you are not making any offers to pay

nor making any payment it is for them to give strict proof that this is not

stat barred, and see what they try on next.

 

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I have paid on this account within the past 6years;

 

Then unfortunately, it's not stat. barred.

 

You don't need to send a fresh CCA if you've still got rec. delivery proof of the last one..... just inform the new bunch that you do not acknowledge any debt to them, that a CCA request was made to xxxxx on xx/xx/xx, you have written confirmation that this documentation is not available and suggest that they refer back to the bunch of muppets they got the account from because any further attempts to collect on an unsubstantiated account will be reported to the relevant authorities without any further notice.

 

Something like that....

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...