I recently CCA'd Moorcoft on a debt that they have been collecting on since 2006.

The response i received is below. would appreciate any help on this, thanks.

Moorcroft Debt Recovery Limited

Moorcroft House, P.O. Box No. 17,2 Spring Gardens, Stockport, Cheshire SK1 4AJ.

Telephone 01 61 475 2858. Fax O1 61 477 3864

12th May 2009

Dear M

Re: Moorcroft Ref: Client Ref:

We refer to your recently received letter requesting data as per Section 77-79 Consumer Credit Act 1974.

We duly confirm that we have requested the relevant documentation from our client

and once received we will duly forward the same to you.

Meanwhile, we duly confirm that all collection activity on the account has been put on hold

and we will not seek to enforce payment of this debt until such time as the documentation has been supplied

or we have advised you to the contrary.

In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity

to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation.

To this end can you provide an indication of the information you will be relying upon,

when giving evidence to the court or information to the relevant statutory authorities

in relation to the alleged subject matter of this account.

Please could you provide this information by return as this will ensure that all possible areas of dispute are identified

as quickly as possible thereby minimizing potential costs and delays.

Should you have any questions or require any additional information please do not hesitate to contact

us direct on the telephone number shown above.

Yours sincerely

Mrs K Murray Operational Support Supervisor

Registered Office: Moorcroft House. 2 Spring Gardens. Stockporl. Reg. No. 1703704 England.

Don't reply to it, standard response.

Wait until they send you something else

ida x

as Ida says

typical crap response.....ball's in their court

They've used duly a lot...

Don;t do their work for them, if they wish to issue a court claim then you can address the matter

te he,

I've just sent a letter to Moorcroft more or less asking them the same as they asked you.

they're trying to be clever, and make you think they are all geared up for court

and they're just waiting for the CCA to turn up before they start action,

either that or they are stupid enough to beleive you are going to show them all your cards.

Either way they have sent that letter to loads of other people,

chances are the person that wrote it has moved on,

no one there now knows what it means but seeing as how the person that wrote it got a CSE in something,

they rekon it must be good.

te he, I've just sent a letter to Moorcroft more or less asking them the same as they asked you. they're trying to be clever, and make you think they are all geared up for court and they're just waiting for the CCA to turn up before they start action, either that or they are stupid enough to beleive you are going to show them all your cards. Either way they have sent that letter to loads of other people, chances are the person that wrote it has moved on, no one there now knows what it means but seeing as how the person that wrote it got a CSE in something, they rekon it must be good.

Creatures of habbit and no imagination allegedly

Hi,

No need to do anything. That letter is one of several they send.

The only time to give them that info is when you go to court (if at all)

Ignore them, it's the usual tripe they churn out which is pure rubbish.

It's none of their frikkin business...Just sit tight and wait to see what they come up with regarding the CCA request.

I would say as little as possible. I always tell DCAs that I am entitled to use the CCA1974 quoting the first line of the act. I have had DCAs try to put their own interest rates etc on the account So I tell them to show me where it allows it in the agrrement. Obviously until you see the agreement you are not sure what the postion is. Just stick to the self protection line and of course tell them they will know for sure in 12+2 days when you receive the CCA!

It's none of their frikkin business...Just sit tight and wait to see what they come up with regarding the CCA request.

Thanks all for the quick assistance

Is there anyone who can look at my other thread below regarding court action and advise my next move or move it somewhere better. I am really stuck on what to do next.

http://www.consumeractiongroup.co.uk/forum/legal-issues/192750-county-court-hearing-cohens.html#post2083232

I would say as little as possible. I always tell DCAs that I am entitled to use the CCA1974 quoting the first line of the act. I have had DCAs try to put their own interest rates etc on the account So I tell them to show me where it allows it in the agrrement. Obviously until you see the agreement you are not sure what the postion is. Just stick to the self protection line and of course tell them they will know for sure in 12+2 days when you receive the CCA!

Received these documents from Moorcroft today. Does this look like they have the upper hand? certainly seems so to me.

Dont know how to upload so it can be read. Text is as follows

This Personal Loan Agreement, which incorporates the Personal Loan Agreement Terms and Conditions supplied to you with your copy of this agreement (the 'Personal Loan Agreement Terms and Conditions'), contains the terms and conditions on and subject to which, we. Egg Banking pic of 1 Waterhouse-Square, 138-142 Holborn Bars London EC1N 2NH, agree to provide the loan described below to you.

About you:

About Egg Banking pic.:

Postal address

About your loan:

3085856/2713003

7.65%

7.9%

In calculating this APR no account has been taken of any variation which may occur under this

agreement ot the rale or the amount ot any item entering into that calculation which may be made in

accordance wrth the Personal Loan Agreement Terms and Conditions.

Principal loan

Number of Monthly Instalments

84

84 Payments of

Payable by

The first instalment being due on the 1 st of the month following the date on which the loan is made or, if that dale is less than 30 days from the dale lhal the loan is made, on the 1 si of the following month. If the first instalment is paid 30 days or more after the date thai the loan is made, there will be additional interest to pay on the loan calculated at the Interes! rale in respect ot the additional number of days for which the loan is outstanding as a result. We will notify you oi the new amount of any monlhly instalment, which will include the additional amount of interest so payable, and whon it is payable, and the additional amount of interest will be added to your loan schedule. The amount you have to pay may be reduced by us in accordance with clause 10 ot the Personal Loan Agreement Terms and Conditions and will (or may) increase if you chose to make any of the changes referred to in clauses 5,7.8 or 9 of the Personal Loan Agreement Terms and Conditions.

IMPORTANT - YOU SHOULD READ THIS CAREFULLY YOUR RIGHTS

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not. we cannot enforce the agreement against you without a court order.

The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing and paying off all amounts payable under the agreement which may be reduced by a rebate.

If you have obtained unsatisfactory goods or services under a transaction financed by this agreement, apart from any purchased out of a cash loan, you may have a right to sue the supplier, us or both. Similarly if the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about the protection and remedies provided under the Act. you should contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.

Please note that your loan money will be paid into your bank or building society account within 4 working days of us receiving this correctly completed, signed document

(We must receive this correctly completed and signed agreement no later than three months from the date shown on the agreement. The loan money.will be paid within 4 working days (i.e. not Saturday, Sunday or Bank Holidays)).

By signing this agreement, you confirm that the details you have given us are true and complete and that you have read and agree to the Personal Loan Terms and Conditions, especially conditions 21 and 22 (personal information). This sets out how we will use the information we obtain about you including information about your loan account This agreement will only be binding on us when we have completed and are satisfied with our final credit checks and other searches, and you have signed and returned this agreement to us

This is a Credit .Agreement regulated by the Consumer Credh Act 1974. Sign it only i! you wart to bs legally bourm by to t&ms. Signature of Borrower

Date of signature

Date 4th December 2002

Hitchy, try this. It works

It seems tricky at first, but is fairly simple really.

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

3, Create an account on Photobucket.

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

6, You'll then get some text appear in your message that looks a bit like this.

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

Courtesy of Fuzzybobble

If you get stuck just shout,

fox

Lets see if this works.

I take it that it is front and back?

ida x

They also sent a copy of the direct debit agreement and a letter asking how i wish to proceed with payments.

Lol is it front and back or 2 separate?

ida x

Sorry, it's two separate pages of the agreement. My signature was on page two.

ok is there anything on the fron thats says refer to t and c's on reverse? or any wee reference numbers etc,

if this is front and back or has references then looks ok.

ida x

hitchy1

Have a look at this thread.

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413

S.

Nothing else on the forms, only what is on the images. The agreement was for a loan.

hitchy1

 

Have a look at this thread.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413

 

 

S.

Not sure this applies in my case, as the agreement is for a loan not a credit card so the sum was fixed from the start.

That's neither here nor there, the agreement still has to have the prescribed terms within the four corners of the page. And what they sent does not, so they don't have an enforceable agreement. Send the "Account in dispute" letter now.

Think youll find thats "document" and the prescribed terms are on page 1. They just would have to show page1 links to page2 in some way.

Anyhow if we want to pick holes with the "agreement" then I would say

1) the Title of the agreement is wrong, it should be under "Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974" not "credit agreement regulated by the Consumer Credit Act 1974" Also there appears to be no notice that this agreement is uncancellable so where is the right to cancel box.

And basically its a mess, although the prescribed terms appear to be there theyre not setup in the proper format as described in the Consumer Credit (Agreements) Regulations 1983

S.

They have signed it as 4th December before you signed it on the 6th December so it wouldn't be a true signature acknowledging the contract formed.