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    • Thanks all. Think I have come to a plan dx please correct me if I am getting you wrong but I am going to go down the route you suggest. simply stop payments for now until I receive a DN and it gets marked on my file. Then contact each lender and start making token payments to each one. i then assume most like they will then at some point sell to DCA. Once they are sold I’ll be coming back to see how best I deal with it.  Let me know if I am making some error in judgment or missing anything with my plan 
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    • J&P Credit Solutions are specialists on debt recovery. Either way they seem to be swapping between the JandP and IDR whatever their exact definitions are.
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    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
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Moorcroft/Help please


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Hi pecky1,

 

So things are hotting up now eh? About time isn`t it? LOL

 

I`m still waiting for a response from my CCA request, it`s been around 6 weeks now.

 

Still watching with interest.

 

Regards

 

N.P.

 

 

 

 

PS. By the way, we have a new temp in at worker and somehow we got around to talking about shops and Argos in particular. He mentioned he was being hassled by More**** but he rang them up when they first wrote to him and they sent him a payment book.

 

He said they demanded at least £80 a month which he can`t afford. Does this ring a bell?

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi Pecky1,

 

Just thought I`d drop you a post and see if you`ve had any more crap from Morecrap?

 

I still haven`t heard anything, it`s knocking onto 7 weeks now.

 

Keep us posted.

 

Regards

 

 

N.P.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hiya Pecky,hope things are still quiet on the Maircraft front,just a quick question how long did it take for marecrap to get back to you with your CCA request ??

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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Morning Pecky,thanks for replying,pity there not that slow when it comes to the lubbley Pre Court Division Letters ;)

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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They are of course generated by the threatomatic computer so need no manual intervention. Peckys letter needs manual intervention and sadly the DCAs sole braincell is out on loan at the minute hence the dfelay in responding

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Update on Moorcroft

Well another letter has dropped on the mat this morning, This one is from the Operational Support Supervisor!

Please find enclosed a copy of the relevant agreement under the Consumer Credit Act in relation to the above account( Another Argos Application Form this is the third one they have sent to me )

They have put the account on hold for 14 days so I can contact them to discuss a repayment proposal that I can afford. YEA RIGHT!

Do you think I should respond or see what comes next? .

Thinking of charging them for the letters I send to them plus postage as fed up with telling them that an Application Form is not suffiencent to comply with my original request.:rolleyes:

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Hi pecky1,

 

Just caught up on your dealings with Morecrap.

 

If they keep sending you Application Forms you could fill them in again and they might be stupid enough to send you another Argos Card.

 

I still haven`t had a thing back yet, so I`ll just keep hanging about.

 

I`ll keep watching, just keep fighting.

 

Ciao for now.

 

Regards

 

 

N.P.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi,pecky and N.P. Same here still waiting for a response from them as well oh well the longer it takes what a shame :)

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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  • 4 weeks later...

Hi pecky,

 

Long time, no hear (so they say).

 

Have you heard any more crap from Morecrap yet or is it still all quiet at your end?

 

I still haven`t heard a fart yet (except my own :D )

 

Look forward to hearing from you.

 

Regards

 

 

N.P.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi NP

Nothing at the moment but they had but the account on hold untill the 3rd of October, so i am expecting another letter shortly as i have of course not contacted them as requested, They must be turning out all the cupboards in the office looking for yours!

Will let you know update as and when. :p

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  • 1 month later...

Hi pecky1,

 

Just thought I`d drop in to see how you were doing with this one?

 

Have you received anything from them or had any more calls?

 

I received a letter from Morecrap over a week ao stating they were unable to provide a Credit Agreement and have closed their files and sent the account back to Argos. I was hoping for more of a fight, but there you go.

 

Still watching with interest.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi NP

No havent heard any thing for a while but keep getting a phone number on my phone to ring which I have found out this belongs to CABOT another nice DCA reading through the threads.

So I am waiting for a letter from someone im sure I will get one I expect Moorcroft/ Argos have passed it on as they cant comply with the CCA request. Hope driving lessons going OKAY!;) Will update thread when I know some more.

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Update, Message left on phone from Cabot, rang them for a laugh, infromed they have bought the Debt from Moorcroft, and want payment, Told her I wanted it in writing reckoned they have sent me a letter (dont think so)also couldnt give me a date when letter sent,

So told her I wanted all the information in writing then I would deal with it, Are Moorcroft naughty to have sold this while in dispute? Will wait for letter then post here for advice. Another fight to contend with!! Cabot arnt they one of the worse!:)

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And when Cabot do write to you send them this

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

 

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

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Hi pecky1,

 

How you doing? Just to let you know I`m still here watching everything.

 

Going off your experience, I expect I`ll receive some sort of similar crap from some empty-heads sometime soon.

 

Isn`t this site great? LOL

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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  • 3 weeks later...

Update recived awaited letter from Cabot

Dear xxxx

We have contacted ARG card services and asked them to investigate your query, although we expect to recive a reply withen 21 days if the information we need has been archived by the original lender it could take longer,

In the meantime if I have any other queries call one of our helpfull advisors!!

Find this quite strange as all I asked Cabot for was proof in writing which they obviously dont have so dont know if they are collecting on this or they have bought it. Wait for the next letter then i will fire off the letter by ODC.

What makes me mad is if i had not challanged them on the phone I

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