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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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SabreSheep Vs Natwest + Moorcroft / ** Satisfactory Conclusion **


SabreSheep
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Todays email from them

 

Dear Mr BLOBBY

Thank you for your email and the spreadsheet.

It remains, however, the Banks position that you have no entitlement to claim the rate of interest you seek in your claim.

In terms of your Part 18 Request, as previously stated we will not be responding to it as the Bank is yet to file its Defence. In any event the information you seek is a matter for evidence.

We will now proceed to file the Banks Defence to your claim.

Yours sincerely

 

The Legal Man

 

----------------

 

So now I guess I wait for their defense. Did not think it was going to be easy.

Think it is the interest in restitution that is the main contention here .

 

Comments and suggestions anyone?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Complaint to FOS regarding Moorcrofts behaviour.

I knew that not all points were going to be upheld.

 

However, Question - I am on Benefits and suffering financial hardship, can I request the compensation be PAID to me? Especially as that debt is currently subject to litigation?

As Moorcroft failed to give me their complaints procedure and that point has been upheld by the FOS should I report them now to the FCA :)

 

---------------------

11 July 2014

 

Dear Mr BLOBBY

 

We try wherever we can to resolve complaints informally, by mediating between the

customer and the business. This usually involves negotiating a way forward that is

satisfactory to both sides – without the need for a lengthy formal investigation.

 

your complaint about Moorcroft Debt Recovery Limited

Your complaint is about a debt which Moorcroft has told you it is collecting repayments for

on behalf of, NatWest Card Services. In particular, you have raised the following issues:

 

1. Moorcroft has refused to evidence assignment of the debt.

2. Moorcroft has not provided a copy of credit agreement

3. Moorcroft has not provided a copy of its complaints procedure.

4. Moorcroft has ignored your notice that the account is in dispute.

5. NatWest Card Services has not sent you any letters saying your debt has been

passed to Moorcroft.

 

findings

 

First of all, I would like to reiterate that, as I explained in my email to you on 9 July 2014, a

debt collector does not have to cease collections proceedings whilst there is an ongoing

complaint with either itself or our service regarding the account. Furthermore, our service

does not have the power to declare that a debt is unenforceable – this can only be

determined by the courts. My investigation has therefore focused on what Moorcroft ought

to have done in relation to your requests and how it has handled your complaint.

 

On 11 March 2014, Moorcroft wrote to you to confirm that your debt with NatWest Card

Services had now been passed to it. As such, it was now collecting payments from you in

relation to this debt. The evidence indicates that you subsequently raised a query and

Moorcroft confirmed that it would investigate this for you.

 

On 24 March 2014, Moorcroft provided you with a telephone number for you to call, if you

wanted further clarification from NatWest Card Services that it had passed the debt on to

Moorcroft. Moorcroft also stated that NatWest Card Services had sent you a letter

confirming that Moorcroft was now acting as its agent. I appreciate that you may not have

received this letter; however, as discussed in my email to you, if you are unhappy with the

way in which NatWest Card Services has corresponded with you then you should raise this

issue directly with NatWest Card Services.

 

On 27 March 2014, you requested a number of documents from Moorcroft, including a

copy of your credit agreement. On 2 April 2014, Moorcroft responded to this request, by

stating that it had highlighted your request to NatWest Card Services and been instructed

to provide you with the appropriate address to write to. You did not feel this was a

satisfactory reply, but upon raising this you simply received the same response from

Moorcroft.

 

I can confirm that Moorcroft have not purchased your debt. Therefore, they are only acting

as agents and NatWest Card Services remains your creditor. For this reason, Moorcroft

would not be able to send you a copy of the assignment of the debt. The debt has not been

sold and so there is no assignment. Furthermore, as Moorcroft are only agents, I consider

it sufficient that it highlighted your request to the creditor, NatWest Card Services, and

provided you with clear guidance about how to obtain a copy of your credit agreement from

NatWest Card Services.

 

However, I do appreciate that Moorcroft did not explain this clearly to you. I consider that it

did not explain its responsibility to you in full, or point out that it was not sending you a copy

of the assignment because there wasn’t one. Furthermore, I have noted that Moorcroft also

did not respond to your request for a copy of its complaints procedure.

 

Overall, I am satisfied that it ought to have dealt with your requests better and for these

reason I am persuaded that you should receive a small amount of compensation in

acknowledgment of this.

 

outcome

 

On 10 July 2014, I discussed my findings with Moorcroft and it confirmed that it is prepared

to reduce your debt by £50, in full and final settlement of your complaint. I can confirm that

this is an offer I wholly endorse and which I feel is the most fair and reasonable outcome in

this case.

 

You now need to consider this offer.

If you accept the offer, please sign the enclosed settlement form and return it to me. On the

other hand, if you do not feel able to accept the offer, please let me know why, so that I can

consider any further points.

 

In our leaflet, your complaint and the ombudsman, we explain about your right to ask the

ombudsman to review your complaint – as the final stage in our process. But I hope that

now an offer has been made by the business, you will not feel the need to take your

complaint further.

 

---------------------------

Edited by SabreSheep
Tidying Up

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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It seems FOS has agreed that the debt is reduced to £50.00 and that is all you have to pay in F&F settlement is that correct.

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

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If only lol

 

"to reduce your debt by £50"

 

1) My beef with this is in reality Moorcroft do not OWN the debt, therefore they cannot "reduce it" That would be down to Natwest. PLUS they would earn commission im assuming on any amounts they collect.

 

2) I have served and received acknowldgement on my Claim for charges and restitution that if settled has the potential to more than wipe the debt out completely.

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If only lol

 

"to reduce your debt by £50"

 

1) My beef with this is in reality Moorcroft do not OWN the debt, therefore they cannot "reduce it" That would be down to Natwest. PLUS they would earn commission im assuming on any amounts they collect.

 

2) I have served and received acknowldgement on my Claim for charges and restitution that if settled has the potential to more than wipe the debt out completely.

I see.

 

 

I would try to be rid of Moorcrap, refuse to deal with them and attempt to deal direct with NW, they are after all is said responsible for the actions of its agent.

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

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I am contemplating reporting Moorcroft and NW by association to FCA for beaches of CCOBS. I need to do some investigation on the matter but their failure to provide the procedure and unclear and ambigious communications comes to mind.

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I am contemplating reporting Moorcroft and NW by association to FCA for beaches of CCOBS. I need to do some investigation on the matter but their failure to provide the procedure and unclear and ambigious communications comes to mind.

 

 

I say go for it, many companies in this god forsaken "industry"

are on interim permissions on the FCA register so there will be

reviews in the offing.

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

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Ok finally received RBS defense.

 

To summaries from my point of view

 

I have to prove every charge that has been levied. (That increases bundle size by about 40 pages, 1 for each statement- Bloody waste of money if you ask me. THEY sent me the statements, they know it exists)

I have to prove the terms on which they took the money. (They chose to ignore schedule 1 which referred to the terms MENTIONED in the agreement they provided as a result of my CCA request.)

I have to prove why they are disproportionate (Despite asking for the information in the part 18 request to be able to make that assessment and them refusing)

 

The unexpected egg is that they say in paragraph 5 of their response that they are charges for a service. Will need advice on this bit particularly.

 

Lots of NON PLEADING based around the statement I have not particulised the terms of the agreement. Which was blatantly referred to in Schedule 1 which they chose to "Assume" that it was supposed to be a list of charges instead of the actual terms. Can I get their defense struck out on the basis they have ignored schedule 1 and pretended I have not pleaded on most of the cases as a result? I am almost expecting them to try and strike my claim out on their fail of logic.

 

Apart from the unexpected egg, nothing of concern here. So please read and advise thank you :)

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Bump :)

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The unexpected egg is that they say in paragraph 5 of their response that they are charges for a service. Will need advice on this bit particularly.

 

This is in reference to the Supreme Court ruling back in 2009 I would guess...

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This is in reference to the Supreme Court ruling back in 2009 I would guess...

 

I hope so. This if i recall applied to bank current account charges not credit card charges

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I hope so. This if i recall applied to bank current account charges not credit card charges

 

Assuming that's the case, what's your angle/arguement in this instance see as the Supreme Court ruled OD charges couldn't be challenged on the grounds of fairness?

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This is a credit card reclaim and as such the ruling was a question for overdraft charges and not credit cards and is of no relevance in this case.

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Hi SS,

 

Your court Bundle would include copies of statements of the charges levied in any event.

 

Otherwise, the defence sounds standard and you will use your Bundle to prove your case further as necessary.

 

:-)

We could do with some help from you

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Thanks Slick :)

 

OK N149 (Proposal to allocate to small claims) and N180 arrived. (No fee for this stage any more)

 

Now I have agreed to mediation.

But questions.

 

1) No mention of Draft Directions

=Do I just attach my draft directions with a cover letter?

 

2) Do I chase my part 18 request? and How?

 

File date is 1st August.

 

Thanks guys

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Current draft for Directions and Disclosure Questions in red.

 

Also is the fact they are gue they are not subject to the regulations as they are a charge for a service tackled by this. If it is please let me know so I know what I am talkign about :D

 

I want this submitted within the next 24-48 hours

Draft order for Directions

1.) The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

*a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

*b) Copies of any statement or other document relied upon as showing that each and every charge has been made; Can this be removed as these will be provided in the bundle and RBS have copies anyway as they supplied them all to me :)

*c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

*d) Copies of decided cases and other legal materials to be relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2.) The Defendant shall within 14 days thereafter file and serve a response to the Claimant’s schedule, stating in respect of each item claimed;

*a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

*b) Whether such charge is accepted to be a penalty, and if not why not;

*c) If such charge is alleged to be a pre-estimate of the defendant’s loss incurred by the Claimant’s actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

*d) If such charge is not alleged to be pre-estimate of the Defendant’s loss incurred by the Claimant’s actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

*e) Any witness statements

*f) Copies of decided cases and other legal materials to be relied upon.

*g) If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but limited to:

(i) A copy of the procedure(s) used for copying, storing and retrieving documents.

(ii) A copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

(iii) Copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with.

(iv) Copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process (es) comply with the appropriate quality standards

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

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Also is the fact they are gue they are not subject to the regulations as they are a charge for a service tackled by this. If it is please let me know so I know what I am talkign about :D

 

This is why I got confused and that it was a claim on a current account overdraft charges. I was under the impression that the 'charges are in relation to a service' argument was solely attributed to current account overdrafts, and hence the Supreme Court ruling on them in 2009. Why they are using this argument in your Credit Card claim is beyond my understanding.

 

Following my NW credit card claim, the only argument thus far from NW is that the charges are over 6 years old. There has been no mention of charges are in relation to a service' as an argument. It's interesting, if not odd, therefore that they're using that argument in your respect.

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This is why I got confused and that it was a claim on a current account overdraft charges. I was under the impression that the 'charges are in relation to a service' argument was solely attributed to current account overdrafts, and hence the Supreme Court ruling on them in 2009. Why they are using this argument in your Credit Card claim is beyond my understanding.

 

Following my NW credit card claim, the only argument thus far from NW is that the charges are over 6 years old. There has been no mention of charges are in relation to a service' as an argument. It's interesting, if not odd, therefore that they're using that argument in your respect.

 

Well halfway through their defense they start saying the charges are bank charges.

I think he has used the wrong template to base his defense from. Which if its the case, kinda undermines their defense. I think the Part 18 request I sent may have thrown them.

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Responding to your PM.

 

You cant submit Draft Directions in SCT...the DJ will decide the directions.

 

Regards

 

Andy

We could do with some help from you.

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Responding to your PM.

 

You cant submit Draft Directions in SCT...the DJ will decide the directions.

 

Regards

 

Andy

 

Thanks Andy.

 

just for my own sanity and understanding why in Shellies thread against bc did she have DD?

 

Is this one of the new changes?

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No..... you have never been able to submit DD,s in SCT...nothing to do with the N149 /N180 changes.

She may have submitted them but doubt the court acknowledged them.

 

All directions are laid out by the DJ in SCT and are enclosed within the Notice of Allocation.

We could do with some help from you.

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Doh !!

 

EDIT - This reply was posted without seeing the further posts here on Page#8.

 

:oops:

Edited by slick132

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  • 2 weeks later...

OK my fos complaint against moorcroft.

 

BTW site team if you want to split this off into a separate thread as not to clutter the charge reclaim I wont object.

 

Summary they found in moorcrofts favor all except that they failed to provide a copy of their complaints procedure. £50 offered off the debt, I refused to accept this and now they are offering to pay me directly the £50.

 

Suggestions on whether to accept or how to push it to ombudsmen

 

I am tempted to reply saying I need 50 days so I can Subject Access Request both Moorcroft and Natwest and see if they actually did transmit my notice.

The fact that MOORCROFT have all of a sudden agreed to pay me directly implies there is something they do not want the Ombudsmen to see. Their response to me is a template therefore I am wondering if they do not actually forward CCA requests on. If so that is another breach that could affect their license to operate.

 

Im also considering forwarding a complaint after I get a FULL sar return from natwest for failing to notify me they had passed it to Moorcroft. (they threatened to pass to a dca or take legal action but nowhere did they actually name the dca.) Also for ignoring my financial difficulties.

 

Also as the debt is halfway through court proceedings (Allocation Questionnaire served on both court and defendent) whose responsibility is it to call these goons off. Should this not be down to RBS an not me?

 

Suggestion and comments?

 

Correspondence below

------------------------------

 

11 July 2014

 

Dear Mr BLOBBY

 

We try wherever we can to resolve complaints informally, by mediating between the

customer and the business. This usually involves negotiating a way forward that is

satisfactory to both sides – without the need for a lengthy formal investigation.

 

your complaint about Moorcroft Debt Recovery Limited

Your complaint is about a debt which Moorcroft has told you it is collecting repayments for on behalf of, NatWest Card Services. In particular, you have raised the following issues:

 

1. Moorcroft has refused to evidence assignment of the debt.

2. Moorcroft has not provided a copy of credit agreement

3. Moorcroft has not provided a copy of its complaints procedure.

4. Moorcroft has ignored your notice that the account is in dispute.

5. NatWest Card Services has not sent you any letters saying your debt has been

passed to Moorcroft.

 

findings

 

First of all, I would like to reiterate that, as I explained in my email to you on 9 July 2014, a debt collector does not have to cease collections proceedings whilst there is an ongoing complaint with either itself or our service regarding the account. Furthermore, our service does not have the power to declare that a debt is unenforceable – this can only be determined by the courts. My investigation has therefore focused on what Moorcroft ought to have done in relation to your requests and how it has handled your complaint.

 

On 11 March 2014, Moorcroft wrote to you to confirm that your debt with NatWest Card

Services had now been passed to it. As such, it was now collecting payments from you inrelation to this debt. The evidence indicates that you subsequently raised a query and

Moorcroft confirmed that it would investigate this for you.

 

On 24 March 2014, Moorcroft provided you with a telephone number for you to call, if youwanted further clarification from NatWest Card Services that it had passed the debt on to Moorcroft. Moorcroft also stated that NatWest Card Services had sent you a letter confirming that Moorcroft was now acting as its agent. I appreciate that you may not have received this letter; however, as discussed in my email to you, if you are unhappy with the way in which NatWest Card Services has corresponded with you then you should raise this issue directly with NatWest Card Services.

 

On 27 March 2014, you requested a number of documents from Moorcroft, including a

copy of your credit agreement. On 2 April 2014, Moorcroft responded to this request, by

stating that it had highlighted your request to NatWest Card Services and been instructed to provide you with the appropriate address to write to. You did not feel this was a satisfactory reply, but upon raising this you simply received the same response from Moorcroft.

 

I can confirm that Moorcroft have not purchased your debt. Therefore, they are only acting as agents and NatWest Card Services remains your creditor. For this reason, Moorcroft would not be able to send you a copy of the assignment of the debt. The debt has not been sold and so there is no assignment. Furthermore, as Moorcroft are only agents, I consider it sufficient that it highlighted your request to the creditor, NatWest Card Services, and provided you with clear guidance about how to obtain a copy of your credit agreement from NatWest Card Services.

 

However, I do appreciate that Moorcroft did not explain this clearly to you. I consider that it did not explain its responsibility to you in full, or point out that it was not sending you a copy of the assignment because there wasn’t one. Furthermore, I have noted that Moorcroft also did not respond to your request for a copy of its complaints procedure.

 

Overall, I am satisfied that it ought to have dealt with your requests better and for these reason I am persuaded that you should receive a small amount of compensation in

acknowledgment of this outcome

 

On 10 July 2014, I discussed my findings with Moorcroft and it confirmed that it is prepared to reduce your debt by £50, in full and final settlement of your complaint. I can confirm that this is an offer I wholly endorse and which I feel is the most fair and reasonable outcome in this case.

 

You now need to consider this offer.

 

If you accept the offer, please sign the enclosed settlement form and return it to me. On the other hand, if you do not feel able to accept the offer, please let me know why, so that I can consider any further points.

 

In our leaflet, your complaint and the ombudsman, we explain about your right to ask the ombudsman to review your complaint – as the final stage in our process. But I hope that now an offer has been made by the business, you will not feel the need to take your complaint further.

 

--------------------------------------------------

July 24

 

HI XXXXXX

 

 

Managed to reply in time. If you need proof of 2) below unfortunately my proof of benefits is currently with the County Court Money Claims Center and I am awaiting on them to return the documents. I was waiting on them to return them so I could scan and attach a copy of the housing benefit letter. If required I can forward this once it arrives, please let me know.

 

 

 

Unfortunately I would like to refuse the settlement and refer this to the Ombudsmen for the following reasons.

 

 

1) I do not believe it is fair that Moorcroft should be able to wipe out £50 of the debt in compensation when this will involve them receiving commission from their Client for payment towards that debt. They will therefore have enriched themselves by breaking their legal obligations.

 

 

2) I am in financial hardship and in receipt of Housing benefit. I would like the compensation paid to me direct.

 

 

3) The current debt that the compensation was to be offset against is currently in serious dispute and I am awaiting a trial date for, the outcome of which may well wipe out the balance completely.

 

 

 

4) Even though my complaint was against Moorcroft, they are still acting on behalf of Natwest and therefore Natwest has legal responsibility over the conduct of its agent.

 

 

5) I do not agree that it is suitable for Moorcroft simply to come back to me and tell me to write to Natwest for my CCA request. They are acting as agents for the Client and therefore acquire the obligations and responsibilities that come with chasing the account. They should have relayed my request to their client.

 

"175. Duty of persons deemed to be agents.

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith."

 

 

Whilst I welcome the fact Moorcroft have admitted not sending their complaints procedure or being clear on their postion, I do not feel the current outcome addresses all my complaints appropriately and the offer does not come close to compensating me for the amount of stress and time wasted doing paperwork that would not have been necessary if they had complied with their obligations. It should also be noted that their clients Natwest were aware of my ill health and that at the time I was suffering from Depression

 

 

Therefore with regret I now ask you to refer this case to the Ombudsman.

I look forward to hearing from you soon.

 

 

 

Yours Faithfully

 

-------------------------------------------------

JUlY 24

 

Dear Mr BLOBBY

 

Thank you for your response. Before I progress your complaint to an ombudsman, I would just like to respond to your points and clarify a few details. Please allow me to respond to your comments in turn:

 

1) Moorcroft has argued that you have yet to make a payment to it, and so a fair resolution would be for any compensation to be deducted from your debt. I consider this is a reasonable argument, as any compensation you receive would only have to go towards your debt anyway (unless the debt is written off, in which case please see my comments below regarding any court action).

2) I appreciate that you may be in financial difficulty; however, as above, I still consider my recommendations are fair given that you have yet to make any payments towards Moorcroft or agree to a repayment plan with it. I do not consider it would be fair to ask Moorcroft to pay you compensation when you owe it money but have not agreed to pay it any.

3) If you are taking the issues being complained about to court then our service will be unable to progress your complaint further. This is because we are unable to look at complaints at the same time as a court or when there has been a court ruling. Therefore, please could you evidence for me what stage you are at with court proceedings and what the issues to be addressed by the court are exactly.

4) + 5) As per my adjudication, Moorcroft’s letters to you clearly indicate that they did relay your request to the creditor – and the response received was that you would need to write to the appropriate address, which was provided. The CCA provision you have highlighted only requires the agent to forward your notice to the creditor, not to ensure requests are followed through by the creditor. Therefore, I cannot see that Moorcroft has not done all that it ought to.

 

Lastly, I note that you have stated NatWest was aware of your health status at the time, and I appreciate that you therefore may feel it ought to have taken this into consideration more. However, your complaint with our service is not against NatWest, but Moorcroft. I appreciate that NatWest may have ultimate authority over Moorcroft, but as Moorcroft is not responsible for NatWest, I cannot look at the issues as against NatWest. If you want to raise a complaint against NatWest you would need to do so directly.

 

I would be grateful if you would let me know if you still wish to refer your complaint to the ombudsman and pursue your complaint with our service. I will also need, as requested above, confirmation that you will not be taking Moorcroft or any of the issues you are complaining about with our service to court.

 

Please could you respond to this email as soon as you can, but in any event, by 7 August 2014.

 

Yours sincerely

 

XXXXX XXXXXX

 

----------------------------------------

24th July

 

Hi Rachel

 

 

As you have pointed out Moorcroft do not own the debt and therefore I do not owe Moorcroft any money.

 

 

Please refer the complaint to the ombudsmen.

 

 

No court action is planned in respect of this complaint regarding debt collection activities.

 

 

Court action underway is regarding matters with Natwest and unlawful charges.

Regards

 

 

Mr BLOBBY

 

------------------------------------

25 July

 

Dear Mr BLOBBY

 

Thank you for your email.

 

I appreciate your comment that you do not owe Moorcroft anything and I agree that my wording was not the most accurate. However, your debt has been passed to Moorcroft and as such it is currently managing it.

 

I have spoken with Moorcroft today and informed it that you will be disputing the debt itself and that you are currently referring your complaint to an ombudsman. With this in mind, it has agreed to pay you the compensation directly, rather than deduct it from your debt. I consider this a very fair offer, as the questions you asked it have now all been addressed and £50 compensation is in line with the awards our service usually recommends in such circumstances.

 

I attached a letter confirming this offer, as well as a settlement form for you to sign if you are now happy to allow the issue to be resolved.

 

Moorcroft has also stated that it will freeze your account for 30 days to allow you time to contact it and discuss why you feel you should not have to pay the sum owed. I hope that you will take this opportunity and that an understanding will be reached.

 

I look forward to hearing from you soon.

 

Yours sincerely

 

XXXXXXXX

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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OK re Moorcroft. Full SAR sent to Moorcroft AND Natwest (Obviously excusing them form providing transaction lists as they gave me all the statements on previous one

 

I am looking for proof com log or otherwise that

 

a) NW sent me a letter telling me that they had passed the debt to moorcroft. (I did not receive one) and any communication from MC to NW requesting my CCA

b) Anything from MC proving they actually sent my request to NW for CCA and did not just out right refuse to honour my request and just sent a template letter (Which I have a feeling that all they did)

c) I shall be informing the Adjudicator that I am awaiting further evidence and would like my complaint frozen till the information arrives. I am not happy at a full and final settlement when I think that MC are covering up bigger issues and do not want an investigation.

 

-----------------------------------------------

RBS

 

Have asked the court to NOT ISSUE DIRECTIONS until we begin and conclude the mediation. Is this good or bad? IM hoping it means they do not want the court to issue directions and that they want to seek some sort of reslolution. Up till now its been BullS*** and misdirection.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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"RBS

 

Have asked the court to NOT ISSUE DIRECTIONS until we begin and conclude the mediation. Is this good or bad? IM hoping it means they do not want the court to issue directions and that they want to seek some sort of reslolution. Up till now its been BullS*** and misdirection."

 

Responding to your PM

 

Refer you to my post above #146

 

No..... you have never been able to submit DD,s in SCT...nothing to do with the N149 /N180 changes.

She may have submitted them but doubt the court acknowledged them.

 

All directions are laid out by the DJ in SCT and are enclosed within the Notice of Allocation.

 

 

I note from RBS letter that you ignored the above advice and issued directions with your DQ...RBS needn't have concerned themselves as yours would be ignored anyway and the Courts Directions will be issued irrespective along side mediation process.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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