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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Guarantor for £28k Car Loan - been paying £100PCM on CCJ since 2006

Pwal1

By Pwal1
in Royal Bank of Scotland

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Pwal1

Pwal1

Posted
Posted

Hello all, hope someone can help me with this.

 

I don't want to make this too wordy so that people give up reading but want to give as much info as possible so will do my best to keep brief as possible.

 

I have received two letters from Moorcroft, first on 13th August asking me to contact them regarding a personal matter , but given no other information so ignored this letter.

 

The second letter came Friday, gives some more info on the debt stating a balance and a reference to Tesco bank.

 

This debt was incurred by myself after being guarantor for an ex partner who defaulted on her loan, and resulted in a CCJ for the debt against myself. This I have been paying by standing order every Month to RBS as per the CCJ for the same amount £100 without fail for around 8 years or more.

 

Two years ago I had a PPI claim against Tesco for the original loan and they admitted liability and said they would take this amount off the outstanding loan.

 

Now I have received the letter from Moorcroft saying that they acknowledge receipt of my payment of £100 (my monthly payment) against the debt which they note was made direct to their client.

 

They then go on to say that referring to the last letter they sent, they are now responsible for collection of the account and for me to contact them within 7 days with an offer of repayment.

 

And that all future payments are to made direct to themselves.

 

I have not had any letter or indication from Tesco/RBS that I need to make payments to Moorcroft rather than themselves, and do not want to break the terms of my CCJ by stopping paying Tesco and by paying Moorcroft instead.

 

Also the balance they state on the letter does not include the reduction for the PPI claim.

 

Not sure of the best course of action to take, I was thinking of writing to Moorcroft to state that I would contact Tesco to enquire about this as I have had no correspondence from them regarding a change in payment, and that I would carry on making payment as detailed in the CCJ unlesss agreed otherwise between myself and Tesco.

 

I was thinking of also contacting Tesco to get a breakdown of payments made including the reduction for the PPI claim to get the actual figure still outstanding.

 

Would this be the right course of action or should I take another route.

 

 

Feeling rather worried and not too sure about this

 

Thanks for reading

 

Pete

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renegadeimp

renegadeimp

Posted
Posted

If moorcroft bought the debt, then you need to check if they are not the named company on the CCJ ( which is doubtful). If they arent, then tell moorcrap to sod off and keep paying tesco.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Pwal1

Pwal1

Posted
  • Author
Posted

Thanks for your quick reply renegadeimp, I shall try and find out the named company on the CCJ, not sure if still have the paperwork to hand though but will check.

 

Thanks again

 

Pete

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fkofilee

fkofilee

Posted
Posted

Agree with renegade-imp. Check who the CCJ Is and then if its not Moorcroft then continue paying Tesco

Moorcroft are fleecers & attempt their luck more than they should!

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Bazooka Boo

Bazooka Boo

Posted
Posted

Only skimmed across your post, but read the PPI swindle...

 

This should have been paid directly to you, and not taken off the arrears, PPI is a totally separate agreement to the loan.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Thanks for your quick reply renegadeimp, I shall try and find out the named company on the CCJ, not sure if still have the paperwork to hand though but will check.

 

Thanks again

 

Pete

 

 

What you do now is raise a formal complaint with Tesco Bank re the PPI, (addressed to the CEO)

 

 

Inform Moorcroft that you are not aware of any assignment of this account to them and the balance is being disputed with Tesco.

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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intend

intend

Posted
Posted

If PPI was admitted - have your evidence/proof that it has been taken off the outstanding debt. Do you get regular statements to see what is happening to the outstanding balance.

 

£100 per month for 8 years is an awful lot of money.

 

Intend

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
£9600 to be exact..... cash cow??

 

 

 

We need to know what the loan amount was??

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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Pwal1

Pwal1

Posted
  • Author
Posted
What you do now is raise a formal complaint with Tesco Bank re the PPI, (addressed to the CEO)

 

 

Inform Moorcroft that you are not aware of any assignment of this account to them and the balance is being disputed with Tesco.

 

 

Thanks for the advice I shall do this.

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renegadeimp

renegadeimp

Posted
Posted

How much was the total loan amount?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Pwal1

Pwal1

Posted
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Posted
We need to know what the loan amount was??

 

I honestly cant remember the exact amount but was in the region of £17k,

 

 

Like i say was foolish enough to be a guarantor for my then partner on a new car, who defaulted.

 

 

Over the years however have learnt to live with the debt, keep paying it and move on.

 

 

I went down the PPI route hoping that the remainder of the debt would go some way to clear the remainder,

which Tesco admitted liability for and came to £4,426.

they would not pay the money would only consolidate it against the remaining debt

but looks like they have not done that accordingy to Moorcroft anyway.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
As for updates from Tesco of the balance I have never received any from them, which I realise I should have asked for previously but will do so now.

 

 

Get the complaint off asap.

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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dx100uk

dx100uk

Posted
Posted

sar to Tesco's without a doubt!!

 

 

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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Pwal1

Pwal1

Posted
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Posted

Thanks everyone for your support and help, really glad I found this website.

 

I am writing to both Tesco and Moorcroft and will let you know the response from them both.

 

Thanks again

 

Pete

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Thanks everyone for your support and help, really glad I found this website.

 

I am writing to both Tesco and Moorcroft and will let you know the response from them both.

 

Thanks again

 

Pete

 

 

Good luck Pete!!

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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sillygirl1

sillygirl1

Posted
Posted

I would have done a slightly different route - go to the court and ask for a reconsideration of the amount paid and then ask for all appropriate documentation using the CPR route - in fact you still might be able to use the CPR route if they refuse the CCA....

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Pwal1

Pwal1

Posted
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Posted

Thanks sillygirl1, I am still a bit new to all this, even had to google what CPR and CCA were :???:.

Not sure how I would do this, I guess the first thing would be to find out which court dealt with the ccj so I could contact them. Still havent managed to find the original CCJ letter so will probably try experian or similar to see if details are still on there with the court and etc, but im pretty sure the ccj does not show on my credit report anymore due to its age.

 

Still drafting a letter for Moorcroft and Tesco but will also endeavor to find the info on the court the ccj originated from and the exact amount and date it started, I assume if i can not find this I should be able to acquire the information from Tesco.

 

I guess the more accurate info I can get the better.

 

Thanks

 

Pete

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ims21

ims21

Posted
Posted

Couple of points if I may.....

 

You say you went down the PPI route a couple of years ago? You may have been lucky but as it wasn't your loan and the PPI was mis-sold to the borrower, how did you manage to get a claim for mis-selling agreed?

 

As this CCJ was granted some 8 years ago (or thereabouts) the account would have been terminated and all sums would have become due at that point. With a PPI reclaim being put in many years down the line then the lender would have been within their rights to set the PPI award off against the debt balance.

 

This would only apply if they still owned the account at that point in time.

 

However, according to the OP this may not have been done.

 

Is it feasible that Tesco repaid the money to your ex (who was the borrower) and decided not to set off?

 

A SAR may not give all of the data being sought as the guarantor (the OP) is not the data subject, the original borrower is. Try it by all means but don't be disappointed if you get very little information back.

 

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Pwal1

Pwal1

Posted
  • Author
Posted
Couple of points if I may.....

 

You say you went down the PPI route a couple of years ago? You may have been lucky but as it wasn't your loan and the PPI was mis-sold to the borrower, how did you manage to get a claim for mis-selling agreed?

 

As this CCJ was granted some 8 years ago (or thereabouts) the account would have been terminated and all sums would have become due at that point. With a PPI reclaim being put in many years down the line then the lender would have been within their rights to set the PPI award off against the debt balance.

 

This would only apply if they still owned the account at that point in time.

 

However, according to the OP this may not have been done.

 

Is it feasible that Tesco repaid the money to your ex (who was the borrower) and decided not to set off?

 

A SAR may not give all of the data being sought as the guarantor (the OP) is not the data subject, the original borrower is. Try it by all means but don't be disappointed if you get very little information back.

 

 

 

Hi thanks for the heads up on this, I shall see what they reply to me with

 

Pete

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