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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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Advice needed with dealing with DCA's that aren't on credit file


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Thanks,

 

Is there also one stating something along the lines of until you or the creditor provide a CCA agreement I do not recognise a debt to you or something like that?

 

I would prefer writing something to that effect along with stating that I will only communicate with them in writing.

 

Thanks again.

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I wouldn't bother getting into such detail with them. Why expend your energy?

 

The doorstep letter states your position quite clearly and as said Moorcroft are just worthless although they like to think that they have some clout.

 

If you must put something in then just put it in your own words. Remember, templates are not intended to just be printed and sent, you can amend them to suit whatever you want to say.

 

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Moorcroft are acting on behalf of another party. They can either contact that party to get the agreement or a recon or they can just pass the buck on to that third party.

 

As said, in this case Moorcroft have no clout anyway so don't worry about them (apart from your doorstep letter).

 

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My understanding is if they can't supply a CCA they can't legally chase the debt can they?

 

Will send that letter to them, cheers.

 

yes they can

 

all bar enforce in court.

 

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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Halifax have sent me a copy of a "re-constituted" CCA agreement it hasn't got my signature on? How enforceable is this?

A recon does not have to have a signature.

It MAY satisfy a sections 77-79 CCA request enforceability is a matter for a judge.

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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So it is basically just a standard document of what a CCA agreement would have been at the time? How is that enforceable still they could send that out to anyone who requests a CCA couldn't they?

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So it is basically just a standard document of what a CCA agreement would have been at the time? How is that enforceable still they could send that out to anyone who requests a CCA couldn't they?
.

 

It must be a true copy of the terms & Conditions and financial data that was in force at the time you signed your agreement.

It must have your name and address at inception of the agreement and the same for the creditor.

It must be stated to be a recon agreement.

 

 

Judges in English civil law decide matters on the balance of probabilities and with a recon agreement and evidence that a credit facility was used and serviced may decide that a liability subsists.

 

 

This was laid down in Case Law.

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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Seems as though my little battle might be over then if this is the case because it seems the only way out of this will be through courts. I have come off a debt management plan and contested the debts that have fell of my credit file (which one of these in question is) but I have made regular payments to them for the past few years so the likelihood is I would lose in court anyway wouldn't I?

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paying only resets the sb date.

 

if all they can come up with is a recon

 

and its pre 2007 and was not signed up for online.

 

I doubt the recon would be any good.

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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Ok so in that case if I want to carry on disputing,

 

can you give me some advice on what route to take next?

 

If it keeps going back and forth what is the likelihood it would end up in court?

 

The value of the debt is £380.

 

Will the value matter at all as to whether they pursue it through court?

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value matters not

 

pers i'd await their next move

 

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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In your experience what is their next move likely to be? Personally I don't want to risk going to court over it.

More threatening letter etc.,

 

 

I would suggest analysing that recon very care fully to check its validity, then prepare a letter rejecting it as non compliant if there are any errors.

 

 

The financial data must be that current at the time the agreement was signed.

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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