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    • Hello   I'm bringing a claim against a company HQ in the EU but with operations in the UK. T&Cs state UK court jurisdiction.    Am I right in thinking that I send 3 x N001 forms + N215 form + Fee cheque to CCMCC?    The court then takes over, seals the claim and serves it on the defendant?    Reason I'm confused is that some guides seem to imply that I get the sealed claim form back from the court and then serve it on the defendant myself?   Thanks  
    • Evening All,   PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review?   Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine?    Approaching the end game now!      Thanks!   RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
    • launch a section 75 claim to advantage ASAP IMHO cut out the garage.   as usual advantage are utterly useless .....just like moneybarn         
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Moorcroft are chasing me for an unknown debt


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Checking my voicemail today I had a message from Moorcroft asking me to call them.

It's a name I haven't heard for several months.

 

Admittedly I was paying them something by direct debit several months back but I changed accounts and they fell through the net.

I've also moved house just under a year ago, so I would assume if they've written to me, I've not had their letters.

 

The thing is,

I don't know what this debt is for.

 

Several years ago I had various loans and credit cards which have all since been paid off.

I would imagine that if Moorcroft contacted me during that period, I'd have assumed they were something I've forgotten about and just set up the payment.

 

I do remember a company who I was paying by direct debit suddenly cancelling and switching to a different company who then accused me of cancelling the direct debit myself.

 

I've looked on my credit report on both Equifax and Experian and see nothing outstanding.

Certainly no missed payments.

I can account for everything on there.

 

I'm trying to save to buy a house and I'm really anxious about Moorcroft taking me to court and ending up with a CCJ.

Do I contact them and ask or is this some sort of scam?

Surely if I'd missed payments for months from somewhere, it would be on my credit report?

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if you were blindly paying any dca on a debt that was defaulted more than 6yrs , the debt will no longer show after the default reaches it's 6th birthday.

you should never blindly pay a DCA

they are NOT BAILIFFS

and have 

ZERO legal powers on ANY debt no matter what it's type.

 

as for moving , ideally one should not move without informing anyone that owns a debt of you correct and current address, if you might of used that credit or last paid it within say 7yrs and left a debt balance.

 

as for moorcroft, they don't buy debts, so can't get a CCJ or anything, only their client, the owner of the debt 'could' raise a court claim should they think you owe them money and that can quite legally be raised against the old address.

 

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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If your credit file is clear and these clowns don't appear on it, then treat their voicemail as a wrong number.

 

As DX says there is sweet fanny Adams they can do, and their robo calls can be ignored.

 

Wait until they send a computer generated missive out, that's IF they can get an adult to operate the computer!

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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I usually strongly advocate the black hole technique whereby you never talk to them, email them, or answer their correspondence, just file everything neatly along with the envelopes it came in.   

 

However, if you don't know who the creditor is or if you even doubt you have a creditor it might be wise to write a very simple letter to Moorcroft advising them of your new address, something like the following:

 

I am writing to advise you that on DATE I moved from OLD ADDRESS to NEW ADDRESS and I request you update you records accordingly.

 

Yours sincerely

 

YOUR NAME

 

DO NOT sign it.

 

By doing this they will be able to write to you with their claim, which for the most part can be ignored.  However, if anybody out there is coming after you for a debt you need to receive the correspondence just in case the original claimant, spurious or not, goes for a County Court Claim.   If nothing else then a record of the above letter and the date of posting ought to give you grounds for turning over any future CCJ they get.

 

But in any case this is 99%  sure you will get any letters before action/claim packs etc.

 

Also, File EVERYTHING you get.

 

 

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moorcroft don't buy debts and cannot issue claims..................

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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Just write to them with your current address, after that they are safe to ignore.

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

 

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

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If they write then advise them that you did have debts some time ago and believed at the time that they were collecting on behalf of the creditor.

 

You now understand that was not the case as sums paid to them were not reflected in statements and that you now require an immediate full refund of all amounts paid to them in the past.

 

You will accept that this was a genuine mistake on their part only if they comply with this demand.

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If they write just ignore them, unless it's a letter before action.

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

 

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

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Well unless the OP comes back and interacts with us which theyve not done for almost a week...

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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