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    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
    • Morning guys, I would appear I have more people chasing me than first listed. Apologies for this but I had a Very account for £2292.20 that was sold onto Lowell and Overdales, who sent me a PAPLOC request earlier in the year which I replied with all the usual, sent off CCA request etc. They responded on 07/03/34 with the attached. I guess i forgot to list this here nearer the time, They have sent me another PAPLOC request.  Could you please give me your thoughts on what they replied with previously and what I should do next? img049new.pdf
    • What does the date refer to please? HB
    • 16/10/2023   They feel like the no win no fee solicitors that cant ever help you when you have a clear cut negligence claim
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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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Me and moorcroft


russb87
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Hi all.

 

I have had a few letters from moorcroft about a debt to t-mobile, yes im in debt, ok, and i want to pay it back, I arranged to pay £75 a month, a couple of months ago, paid one month, then couldnt afford the next, because of xmas and such. Now would it be possible to delay the next payment for a month or 2, whilst I pay my family the debts i owe them, I will be able to pay them within a month i think, But need to keep moorcroft off my back, I have read threads that say, look at the sticky, but i cant find no sticky, so can anyone give me a link?

 

Thanks

 

Russ

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Welcome to the forum Russ. It is not necessary to do the recovering alcoholic

type speech :D-most of us here are or have been in debt too.

When you make arrangements to pay these guys you have to resist their

attempts to squeeze as much as possible out of you each month.So only pay an amount that you know you can afford despite whatever other calls may be made on your finances, like Christmas. It doesn't look good if they take you to Court and your repayment plan has fallen at the first hurdle.

That being said, before you pay them anything, it is advisable to ensure

that they do have the right to collect the debt.

 

Send them a CCA request first asking them for a copy of your original contract. I know that T-mobile say they are not governed by the Consumer

Credit Act, but you sure have run up some credit with them. In any event,

this request will halt any collection attempts by Moorcroft until it is settled

whether you receive a copy of the contract or not. If the answer is no they

will not send you a copy, then you will have to send an S.A.R - (Subject Access Request) to T-mobile.

This should be the means to get all the documentation. You can tell Moorcroft

that you are disputing the amount of the debt with T-mobile, and the dispute will remain in force until T-mobile comply with your request. [This could be

for a month at least]. You should also receive documents relating to correspondence between T-mobile and Moorcroft so you can confirm that

they can collect on their behalf. You should also get details of any charges that T-mobile have added to your account. Some of these charges may be unlawful and you can get them removed from the debt [eventually].You should

learn from their documents how much the debt is with T-mobile and check

that Moorcroft haven't added their own as well.

 

This should give you the breathing space you need to get your payment

plan back on track. But if it is stretching you, when the time gets closer to restarting the payments, wtite to Moorcroft to negotiate a more

handleable figure.

To get the S.A.R - (Subject Access Request) you will finid that in the FAQ section on the first page of the

forum. It is important to read this anyway to understand your rights when

dealing with companies who are chasing you for debts and sending in debt

collectors. There is no reason to pay more than legally required.

 

The CCA request is located in the top part of the "General " section of the debts section. After the legal threads, there are a succession of threads

that begin with the word "sticky" and the last one contains a series of

template letters bt Barracad, one of which is the one you want.

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hello there

 

Just wondered if anyone could help with regards to Moorcroft - my elderly Mother had a call last week from Moorcroft with regards to an outstanding debt of around £1100.00 with a mail order catalogue - they quoted an address which my mother had no knowledge of, and an account which she has no knowledge of - they had the right name but the wrong address, and when I rung them they would not tell me how they had got my mothers home tel. no - this was really puzzling - I rung the mail order firm to check any accounts at my mothers address and there was nothing.

I have since sent Moorcroft proof of my mother having been at her address for many years. As yet they have not responded but my mother is in a "bit of a state". Would really appreciate any advice with this - it is obvious that someone has used her name but not her address to get goods.

 

Many thanks

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Send Morcroft £1 statutory fee and ask for copy of original credit agreement. This will put things in dispute and tell them you ain't paying till they supply this. If they do not supply this take em to court no agreement no debt and check your credit rating to see what they have done to it. Good luck.

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Firstly, do not discuss any personal business over the 'phone. Chances are, you will be told any old rubbush that suits Moorcroft at the time.... which they will be very reluctant to put into print.

 

If your mother is sure that she has not had any catalogue debt, you could ignore it. However, as it is obviously worrying the both of you, my advice would be to send a CCA (Consumer Credit Act, 1974) request, enclosing a cheque for £1 (fee). Make sure that you keep the sentence "I do not acknowledge any debt to your company". Send it by Recorded Delivery and wait. They have 12 days from the date of signature to comply with your request... after that time the debt is unenforceable without going to court. A CCA will include both signatures; your mother's and the original creditor. If they cannot produce a CCA (because they don't have one !), then they cannot make your mother pay a thing.

 

The reason why it is important to say "I do not acknowledge any debt to your company" is because if your mother did have a debt and it is over 6 years old, it will be statute barred unless she acknowledges it in writing. Acknowledging a debt after this time re-starts the 6 year clock for collecting on it !

 

The CCA letter is in the Bank Templates section... Letter N, I think.

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