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    • Yes you can.....you appear to have a good understanding of the basic credit consumer law.....possibly impress the judge that you went it alone...plenty of Fast Track cases been fought and won by litigants here on CAG.   If you have the evidence...the argument....and the personality to convey .....go for it...think of the fees you will save not paying the barrister.
    • Hi FTMDave They initially requested £140 within 14 days. This has now gone to £182 after the initial debt collection firm took over (now back with CEL   The carpark had two options, pay-by-app and cash, we had n cash hence using the easier app. The app in the playstore has shocking reviews, im not the only one.   I wasnext going to get 'their hand' sent to me fromt he data controller, sending the following:   Dear Sir or Madam   Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )   Please supply the data about me that I am entitled to under data protection law  relating to myself. - All photos taken - all letters/emails sent and received, including any appeal correspondence earlier - A PDT machine record from 23/11/2019  of payments - A record of online payments made using the Google Playstore APP that day - all data held, all evidence they will rely on, and - a full copy of the PCN, NTK - a list of all PCNs outstanding against me and/or this VRN, and I will remind here that any claim must be for all PCNs, not several separate claims.   If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.   Yours faithfully    
    • You need to read some more and then some.......costs are restricted in Small Claims Track....have a read of the above thread...same scenario...and its getting close to a hearing now....squeaky bum time for them.
    • OK, we can help you.   A couple of questions first.  You blanked out the amount they are claiming.  Can you tell us?  I bet they have added Unicorn Food Tax to their claim.   Also, can you remember if this was pay-by-app-only car park, or if there were other payment methods?
    • ok if you don't get your from the court tomorrow there are blanks here to send   let see. no immediate rush.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Ok. It seems that there is one debt, annoyingly in joint names, that is still outstanding between Mr B and myself.

 

It is a Santander current account which is in debit to about £1000.

 

I have never used this account, but digging around shows me that it dates back some 20 odd years and has been passed on from several different banks due to take overs.

 

I went into my local branch of Santander where I was told the account had been closed but they couldn't tell me anymore.

 

I was given a number for Santander Collections, so gave them a call.

 

It turns out that the debt was sold on to Moorcroft last week, so I haven't received any letters of assignment to date.

 

Santander refused point blank to take the account back so that I could deal with it.

 

I have no intentions of phoning Moorcroft, nor of giving them my new address or phone number

(my post is still being forwarded by the Post Office until the end of the year, so I will get the letters they send).

 

However, I want the matter dealt with in the best way so that I can finally get an end to the whole sorry bl**dy saga of this marriage.

 

What I would like is some sensible advice on what I should do next.

 

I have dealt with plenty of debt collectors before but not for a debt relating to myself.

 

Should I offer them some kind of full and final settlement, inwhich case what percentage would be an acceptable offer.

 

Or should I tackle it another way?

 

Any advice greatly appreciated.

 

Many thanks, Mrs B.

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See what the DCA comes up with on the NOA when it comes.

Is it showing on CRAs?

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Thanks for your response IHB.

 

Absolutely no idea when any payments were last made.

 

Like I said, I have never used the account and I think it was probably an alliance and leicester account before Santander took it over and was probably with someone else before that.

 

I have never had any cards/cheque books relating to the account whilst it was with A&L or Santa.

 

Don't know what my credit file says.

I have never looked at it.

 

Personally, I find things like that confusing, especially when you have to cancel things like free trials before they start to charge you for looking.

 

According to my bank though it looks fine from their point of view because they wanted to know if I was interested in taking out a credit card with them. No thanks :))

 

I certainly don't intend to pay anything I don't have to - mainly because I don't have it to pay them!!

 

However, it would be nice to get things done and dusted as it is the final outstanding thing between Mr B and myself.

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sounds like they have nothing to go on don't make a offer of payment or pay them

 

sit tight and wait til the next beg letter

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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then get your cra file!!

 

see below

 

noddle is free

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well if Santander dont have your new address, then they will not be able to pass it on to Moorcroft. If by chance that the Moorcroft Playgroup do manage to track you down, it might be worth having them prove when payment was last made.. and hope that it was more than 6 years ago !.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just one thought I had, won't my new address be available from my credit report, because obviously I have had to give it to my bank?

Never heard of Noddle, but from the sound of it no-one here rates it too highly :lol:.

I'm wary of checking my credit report because I have heard that the likes of debt collectors can see that you have checked things

and this can then make them realise that you are alive and kicking and wary of what is going on.

Feel free to set me straight if what I have heard is a load of old tosh.

 

I am going to sit tight for the time being because I can't do anything until I hear from them anyway,

but what I don't want is Moorcrap getting a CCJ without my knowledge.

 

Will wait for their array of brightly coloured envelopes to Fosbury flop onto the doormat (assuming they can still afford to use coloured stationery and haven't had to cut back due to austerity measures).

 

I didn't know that the six year rule applied to bank accounts,

I thought it was just for things like credit or store cards.

 

If that is the case, is it worth my while getting back to Santander and asking them to send me the last statement they have when there was anything paid into or taken out of the account?

 

If I have that information, surely I can then write to Moorcrap and tell them to get stuffed as it is statute bar.

 

Thanks for the replies.

I'm feeling in need of major moral support right now

- all I want to do is tackle this last hurdle and it will be an end of all the debt of the past few years.

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an SAR to santy would be a very good idea

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have they closed your account? - if so, when.

 

When did the bank first start writing to you to demand repayment of the o/d.

 

Can you say for sure that the outstanding balance is made up of charges ?

 

Address - yes that was a stupid comment on my part !! Once you had moved and popped yourself on the electoral list at the new address, that information would have been hoovered up

for your Credit files :(

Edited by citizenB
spelling

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitizenB.

As far as I am aware, the account was closed quite recently, probably only in the past few weeks.

 

I have never been chased for any repayment by Santander, so I am wondering if the debt could have been statute barred when they took it over

and this is why they have never requested any repayment and have now sold it on.

 

Could be that Alliance and Leicester tried to chase for repayment and Mr B destroyed the evidence as it arrive,

but that would have been a long time ago, Mr B has been gone about 5 and a half years and I am not aware of anything happening in that time.

 

So, do you think that it is worth SAR ing Santa and seeing if the account could be statute barred? Presumably it would stand me in good stead once Moorcrap start making contact as I could just send them the right letter telling them to go away.

 

Hello guest who is looking at my thread. You probably work for Moorcrap - lucky you.

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IMHO, it is going to be worth the £10.00 to obtain the history of the account by way of SAR. Dont forget that the banks are now disposing of information as soon as it reaches it's 6th birthday. (or are saying that they have).

 

The most important things you require are of course statements and communication logs/diary of events.

 

The reason they keep the accounts open is so they can add interest and charges. As long as you and the ex Mr B have not used the account in 6 years then it is likely statute barred :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Fingers cross that it it could possibly be statute barred then.

 

Will definately get my letter off to Santander and see what they say.

 

Presumably, while I am waiting for them to send me everything they have, Moorcrap will be waiting in the sidelines.

 

Have yet to hear from them, but what do I do if I hear from them before I get anything back from Santa?

 

Also, I am assuming that it may be possible to claim back any charges etc, even if the account is SBd, without it restarting everything?

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you wont get charges passed 6yrs old

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Any claim for PPI or charges will only be offset against the account Mrs B.. but you are correct, it wont start the SB clock :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sorry for next daft question, but who should I send the SAR to? Is there a particular person or department it should be addressed to ?

 

To the DATA Controller

marked confiential, keeps it out of the hands of customer (dis) services.

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:

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  • 1 month later...

I have today received a letter from a company called midas credit services, claiming to be part of Moorcroft. It reads:

 

Dear Mr & Mrs B,

 

litigation warning

 

We are part of the Moorcroft group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt recovery concerning the above account. We are now reviewing your account and may in due course recommend to our clients that they consider instructing their solicitors to commence legal proceedings against you.

 

To prevent this course of action you must contact MDR at the following address. etc etc etc.

 

 

 

Now, having been overly busy I have not had time to write to Santander to find out whether or not this debt is statute barred so will do that this evening. However, I would like some advice on what I should do in the meantime.

 

As this is the first communication we have had from the debt collector, I can't possibly see how we have failed to reach a repayment agreement with them. They have never given us a chance to make any agreement even if we wanted to. Also, I'm not sure whether by 'their client' they are referring to Santander or Moorcroft. We have had no communication from them whatsoever, no notice of assignment or letter from Santander to say what is going on. Santander refused to have anything further to do with me when I rang them other than to say the debt had been passed on to Moorcroft so go away and deal with them, and when I asked if I would get a letter of assignment I was told it would come from Moorcroft.

 

Should I ring Santander to find out the last date of any transactions, or is it better to ask for the SAR? If it turns out the debt is not sb, what would my next step be?

 

Thanks for your help. Mrs B.

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Just ignore Midas.

 

But yes, send Santander the sar.

 

Cross the non SB bridge if the question arises. Unless your ex partner has paid anything within the last 6 years the chance are that it is SB.

The sar should reveal that one way or the other and then we can give you advice to deal with Moorcroft the best way possible.

Edited by lookinforinfo
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If this is their first correspondence to you and they are threatening legal action then they are not following preaction protocol.

 

Midas is part of the Moorcroft group - but how the fit in, I dont know.

 

A subject access request to Santander should show the last payment made by way of statements.

 

Send CCA request to Midas just to throw them into a tizzy.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for your replies. Will definately get the SAR off to Santander, can kick myself for not doing it sooner but I don't seem to have stopped over the summer!

 

Re the CCA request to Midas.

Not sure I want to contact them until it's absolutely necessary as I don't want them harrassing me,

so is there anything to be gained from requesting a CCA?

 

Also, should I mention that they have not followed proper protocol by threatening legal action on first contact?

 

I suspect they will simply reply that they are not threatening anything,

just suggesting what could happen if we don't play ball with them!

 

If you think a CCA and telling them they haven't gone by the book is a good idea,

could someone help me put a suitable letter together as I am feeling my way in the dark a bit here :(

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save wasting £11

 

did you ever get that CRA file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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moorcroft must be the worst dca ever.They are about as much use as a chocolate teapot it's a wonder that they are still in business...idiots.

 

Personally i would ignore them completely, i have and then it gets passed on to some other muppets.

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