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    • I'm afraid I think I would blitz it so as well as emailing the people you have just messaged, I would send messages out to everyone else. Part of the point is to engage in a campaign say that you disturb everyone. As the landlord has given a "care of" address, I think you could reasonably use that the service of proceedings if you need to. However I suggest that you check on the land registry web search and you may get more information. I'm quite sure that your tenancy agreement entitles you to peaceable enjoyment of your property and so from that point of view – yes there's probably breach. Also, do you have gas central heating and is there a gas safety certificate? Is there an electrical safety certificate? Are there smoke alarms? I think you should start going through the Internet and see what are the obligations of a commercial landlord in the circumstances and get a checklist and see what's missing. Now the time to cause trouble. However, don't forget that this will put you in conflict with your landlord and I expect there will be looking to get you out. When you moved in did you take pictures of the condition of the property? I should start taking pictures now – because if you do end up moving out either because he says you notice or else because you simply decide to up sticks, I can imagine that with this kind of attitude they may be some conflict over the condition of the property and therefore some conflict in respect of obtaining the return of your deposit or at least being refunded all of it. I'm afraid that you need to gear up here.
    • Y daughter just told me she’s been paying off a fine for £600    a bailiff called at her next doors ,  whist there they clocked her car in the drive way , not scorn not taxed off the raid ... I know i know  broken waiting money spending on it [ Ford]  turns out the DVKA took her to court in Bristol long waynaways because she hadn’t told the DVLA she’d moved and BENETTS  bought the debt , and chased her up at the new address to collect the payments ... how horrid is that? 
    • Hi BankFodder,        Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.   The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.   The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.   I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.   Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?   Cheers,    KFC  
    • Please advise if the following is ok to use?   I will say as follows:   It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours.  The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services.   Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party.   While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds',  & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist.   Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist.   In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park.   There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane).     This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case.   Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims.   Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant.   As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant.   It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.  The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.   Thanks  
    • Latest info      Creditor Claims Of £535,636,017  This is the extent of the damage Wonga has caused... I hope this serves as a lesson to everyone. Please steer clear of PDLs.
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marco23

Moorcroft for Arrows - chasing OH's M+S card debt

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hi all

i am writting this on behalf of my wife,

 

she had a large debt with marks & spencer credit card just over £9000,

she defaulted on payments and the debt was sold on to Moorcroft who aranged a repayment plan with her of £5 per month,

 

all has been well for two years and now they want her to complete an expenditure form,

 

i emailed them back saying they have no legal right to demand this and will not submit the inforation requested.

 

the online payment facility keeps taking her to the expenditure form page and wont take the payment, their is no CCJ on the account,where does she go from here ?

 

thanks in advance

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Ignore moorcroft. Theyre total bottom feeders. Also, are you sure they bought it? They normally just chase on behalf of a creditor.

 

If they bought it, i would seriously question you blindly paying them without checking the validity of the debt.


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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moorcroft- ignore


:mad2::-x:jaw::sad:

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then dont pay online. Arrange a standing order for the fiver and do a CCA request tio see if they have the paperwork to enforce the debt. If thet dont you cancel the standing order. Refusal to accept the payment can invalidate the debt given enough time so take screen shots of the web pages to use against them and keep hard copies of all emails.

DONT use the phone.

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Moorcroft don't buy debts - who told you they'd purchased it???

 

 

look on their letters

who is stated as their client please...

when was the card taken out too?

 

 

please don't forget the golden rule

that applies to all her debts

a DCA IS NOT A BAILIFF

and has

NO LEGAL POWERS WHATSOEVER

 

 

dx


..

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they only try and collect on commission basis that is why we ignore them. the OC use them as a collcting agent only.


:mad2::-x:jaw::sad:

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many thanks for the replies guys,

they must be collecting it on behalf of M&S,

 

the account was opened around 2007,

trouble is the default is within 12 months of dropping of her credit file so she obviously doesn't want a CCJ at this stage,

 

probably better to send the letter asking to see the loan agreement ?

but i would have thought M&S credit card services would have this on file anyway or am i missing something here?

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the fact that the default is almost 6yrs doesn't mean anything.

 

 

a CCJ can still be attained after that and will still show.

who is their client please???

 

 

the original creditor would never do court

so stop being scared of that.

 

 

and if its it IS still owned by M+S

little point in a CCA request to them either

 

 

just ignore Moorcroft.

I would guess she stupidly started paying Moorcroft because at that time you'd not found CAG?

go pay M+S directly

 

 

cut out the DCA.

 

 

dx


..

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hi all im having a bit of trouble if anyone can point me in the right direction

 

I have been paying Moorcroft Debt Recovery £5 per month for around 4 years on a 8k debt which was on a M&S credit card,

 

they are now insisting i complete a financial assessment form ,

i take it they are trying to up the payments,

 

i have never sent them a prove it letter and their is no CCJ on the account,

 

they say the agreement i have is informal and may not stop county court action,

 

what direction should i take,

,many thanks in advance

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old and new threads merged 

 

now please re read and answer the outstanding questions?

like are moorcrofts client M+S?

why did you keep paying Moorcroft when you were advised before to doing stop that?

 

 

 


..

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it was easier at the time to pay moorcroft as the payments were low and affordable,

the wife had had a nervous breakdown so i took over the repayment arrangements to take the pressure from her,

the debt was in effect sleeping while not making her ill,,

i hope you can understand

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moorcroft are only debt collection agents who prey on victims to line their commissions they collect if ever anybody pay them> they are not debt purchasers.   and if ignored go away eventually


:mad2::-x:jaw::sad:

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thanks old Cogger,

i'm thinking now to stop the payment to moorcroft and put the debt into dispute by sending them a prove it letter

 

however i think the chances are slim that M&S don't have the documentation,,

somewhere in the cog of collection either M&S want the payments increased or Moorcroft do,

probably Moorcroft i suspect

but passing the buck to M&S by saying if i don't comply 'its an informal agreement that can be concluded with a CCJ'

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??

forget stupid prove it letters.

 

follow post 8

 

dx

 


..

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may i ask why not?

or is it they just sell on for someone else to do the dirty work

 

its debt to M&S credit card services, other than that only Moorcroft have been involved in the collection

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so still owned by the OC

they wont do court because of potential bad publicity.

so pay then directly via your banks interweb portal.

ignore and do not pay or anything at all Moorcroft.

 

 


..

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i wont be sending anymore payments to Moorcroft and shall contact the OC to pay direct.

 

i'm quite happy to make the monthly payments but was concerned as the debt is around 9K they may go for a CCJ then a charge on property, even those i could live with but 'i dont know' do they add interest on a property charge if so then that's when it gets scary, is it still not worth doing the CCA letter?

 

the account was opened around 2007

 

 

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as I've said there is little evidence of Original Creditors issuing any court proceedings.

there is NO evidence here that M+S do.

 

I didnt say contact the OC, just do it monthly by say BACS or automatically by setting up standing order via your banks interweb portal.

unless this was a store card upgraded to a credit card, there is little or no point in a CCA request to M+S the OC.

 

 


..

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18 hours ago, marco23 said:

 

 

they are now insisting i complete a financial assessment form ,

 

 

Only  a court, HMRC or Council Tax Collections have the right to insist on a financial assessment form.   


We could do with some help from you.

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1 hour ago, London1971 said:

 

Only  a court, HMRC or Council Tax Collections have the right to insist on a financial assessment form.   

yeh their not getting that London, their not even getting a response, DX has given some valuable points and i thank you all

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ahhhh, i just checked the letter from Moorcroft and its headed Re: Arrow Global LTD (sorry i missed that) so at some point it must have left the hands of M&S, does this change things now??

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Send Arrow a CCA request


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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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5 hours ago, Andyorch said:

Send Arrow a CCA request

 

thank you,, i have no reference numbers or account number to include on the letter so should i use the moorcroft client ref number and moorcroft reference (two dif numbers) and make PO payable to Arrow Global ltd

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Yes


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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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19 hours ago, Andyorch said:

Yes

OK the CCA request has gone off in the post,

 

now if Arrow Global cant produce this then that chucks up an alternative route to the problem,

 

should they be able to enforce the debt 'with the CCA' then what route is best to keep it out of the County Court,

 

i can only see an increase in payments would do the trick,

 

my main objective is not to let it go to CC or worse even a charging order because this will make the wife ill again, 

 

so an increase in the monthly payment or an offer of full and final payment at say 50% of the debt

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