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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      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.

      Frankly I don't think that is any accident.

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      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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EndOfMy Tether vs Moorcroft


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I'm just off to the post office to send in my CCA request for a Tesco Visa card and an RBS Mastercard debt that I'm currently paying off with them.

 

They've actually been pretty good so far in terms of how they've handled things and I am a bit worried that this might make them turn nasty but if I don't do it now then I never will!

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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Are Moorcroft curently collecting on these ? If so, the CCA request should go to them.

 

The reason they have been "pretty good" may be because they have no legal right to collect the debt from you... having bought it for a pittance. I sent a CCA request off to Moorcroft last week and am waiting for their response. Like you, I have also not been hassled too much by them.. but, if they cannot produce a CCA, they will then get an SAR... for me to claim it all back ! ;)

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So you think it's possible to reclaim the money already paid to Moorcroft (and other DCAs) using an SAR if they can't come up with the CCA?

 

What about a debt that's fully cleared - I have completely paid one of my three credit card debts to Moorcroft (the one that wasn't all that much in the grand scheme of things) but could I still ask them for the CCA or is it too late for any kind of retrospective action?

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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So you think it's possible to reclaim the money already paid to Moorcroft (and other DCAs) using an S.A.R - (Subject Access Request) if they can't come up with the CCA?

 

What about a debt that's fully cleared - I have completely paid one of my three credit card debts to Moorcroft (the one that wasn't all that much in the grand scheme of things) but could I still ask them for the CCA or is it too late for any kind of retrospective action?

 

 

If Moorcroft cannot come up with the CCA, then they have collected the debt illegally, so yes... you can claim it back. That should also include the account that you have recently cleared with them.

 

Just to remind you, they have 12 days from the date of recorded delivery signature to send you the CCA. After that tiime, they cannot legally enforce the debt without going to court.

 

Another calendar month later, they have committed a criminal offence by not producing the CCA, so it may be to your advantage to wait approx. 45 days in total before sending off the SAR. This is precisely what I am hoping to do with them. :)

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When you send off for the SAR (after 45 days), this will cover all accounts held by them. When you send it off, make sure that you also specify that you want the CCA and Deed of Assignment to these accounts as well. I have only just found out that these are not automatically covered by the SAR.

 

In all dealings, remember :

To only communicate in writing

To send by Recorded Delivery

To keep a signed copy of everything sent.

 

by the way, Happy New Year :)

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  • 2 weeks later...

Well, my CCA letters were delivered to them on the 9th so I guess I am looking at a deadline of the 23rd Jan and then the 23rd Feb...

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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  • 3 weeks later...

OK, it's now Feb 2nd and I have heard nothing at all from Moorcroft. What do I do now? Should I stop payments to them at this point or should I wait until the calendar month is up?

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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You are within your rights to stop payments. I cancelled my Standing Order to them after the 12 day defaut. The payment date is this Monday... so I expect to get some kind of bowlarks from them. However, no CCA = no payments... :) .

 

Don't bother writing to them at this point... wait until the calendar month is up if you want to claim anything back.

 

Good luck....

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  • 2 months later...

Update time - Moorcroft actually came up with the CCA for one of the cards they were collecting on so I'm still paying them for that one but, for the other one, I just got a letter that said 'We are no longer dealing with this account'. Needless to say, I cancelled my standing order for the payments to it immediately.

 

Fredrickson have now picked up this card and I've sent them a CCA too... http://www.consumeractiongroup.co.uk/forum/general-debt/53232-fredrickson-international.html#post774306

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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Update time - Moorcroft actually came up with the CCA for one of the cards they were collecting on so I'm still paying them for that one but, for the other one, I just got a letter that said 'We are no longer dealing with this account'. Needless to say, I cancelled my standing order for the payments to it immediately.

 

Fredrickson have now picked up this card and I've sent them a CCA too... http://www.consumeractiongroup.co.uk/forum/general-debt/53232-fredrickson-international.html#post774306

 

 

Are you sure Moorcroft came up with a properly executed CCA. They normally cant

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