Moorcroft DCA - I'm impressed!

[Worzel]

I have a small outstanding debt which has been repeatedly passed to various debt collection agencies. Every time I CCA them and every time they are unable to produce the required documents - so quietly drift back under the rock they came from. However, Moorcroft have proved to be an exception!

They first contacted me by telephone, but I refused to speak to them until THEY answered MY security questions - of course they couldn't so they wrote to me instead. They then telephoned me again, during which I informed them that this debt had been repeatedly been passed to various DCAs, and that none have been able to provide the information as required under a CCA request. I made a verbal request at this stage (yes I know it's not the norm, but I like to live on the edge!). Of course a couple more telephone calls, as did letters. The final letter was pretty strong and advised me that if I didn't pay the full amount within 14 days then a 'local representative' would visit my house.

So in went the CCA letter, a postal order for £1.00 and a very stern warning that any visit from their 'local representative' would result in legal action being initiated by me on the grounds of harrassment.

At this stage I expected them to drift away like the others - but no! Instead I got a very nice letter telling me that they were unable to provide the required information and that they were therefore sending my file back to the originator.

Very nice and polite

Worz

By the way, they also returned my postal order so all I have to do now is change my name to 'Moorcroft Debt Recovery' in order to cash it and get my quid back

[blanchie14c]

If you have the recipt for the PO you can cash it in yourself at the post office no?

[pinkpixie]

That is good news coz their one of the debtors I've sent a CCA to....

They have until the 21st to reply then all I have to do is wait for 30 days for it to default in my favour... yay!!

[lookinforinfo]

Worzel, in situations where you ask a DCA for a copy of your original agreement, most times they do not have it. So they write to the original creditor to supply it. It is when they cannot supply it that the contract is usually returned.
Thus it is extremely poor that the original creditor is continuing to pass around
the debt knowing that it is unenforceable.


Your best bet would be to write to the original creditor pointing out that as
none of the DCAs that have dealt with you have been able to provide your
original agreement, your only conclusion is that document no longer exists.
If that is the case then their continued assignment of the debt could lay
them open to a charge of harassment and call into question their fitmess to
hold a Consumer Credit Licence.

In addition they are still processing data of yours via the Credit Reference Agencies. The OC will be aware of their undertaking with CRAs that before
processing data from their data subjects that permission is in place to do so.

As you believe they do not have the executed document, they have no
right to continue processing your data. You are therefore writing to ask them
to have all your data removed from CRA files or you will write to the CRAs,
followed by a complaint to the OFT that you have committed an offence by failing to supply a copy of your agreement under s77-79 of the Consumer Credit Act.