Hi all,

I recently CCAed all my creditors in order to try and sort out my finances finally.

I have been paying £1 token payments to each, having defaulted on all over 6 years ago.

I have moved house a few times since and have lost track of what has happened to them all.

having sent a CCA request to Robinson Way, who I originally dealt with for a Halifax debt,

I received a strange reply, returning my £1 PO, and saying that

"the account is closed on our files, please contact our principal".

This was written on a very unprofessional piece of paper that looked more like a memo than a letter!

Has anyone got any advise as to how I should proceed with this?

The 12+2 days are definitely over.

As Robinson Way were dealing with this,

is it still their responsibility to respond to my CCA request?

Thanks

AM

Hi

I would suggest that as soon as they got the CCA request, they shipped the account back to the original creditor as they knew they wouldn't be able to enforce.

Whilst you are here, have you though about charges reclaims (dependant on the debt)

stop paying

check your credit file

but like the other one

it prob wont show.

dx

Hi all,

A few months back I wrote on here to get some advice about some old debts that I was paying £1 a month to (defaults back in 2009/2010).

After receiving some advice from some of you obviously more knowledgeable people than myself,

I CCA'd them all and either received nothing back, or was sent back my £1 PO.

Payments have therefore since been stopped - thanks for the advice!

I haven't heard anything as yet from all bar one; Robinson Way.

This was for an old Halifax credit card with £3kish on it.

When I sent them the CCA request months ago,

they wrote back saying that there was "no record of my file so please refer to our principle", with the £1 PO sent back.

After I stopped my payments, they started writing saying that my payments have stopped,

to which I replied "Yes, because you haven't sent me the CCA I requested",

to which they responded and said

"We never received this request",

to which I responded

"Yes you did, here is the proof" (sending a photocopy of their initial response to the CCA request).

They then wrote back saying something to the tune of

"Sorry, there has been some confusion, there is a record of your account. If you still wish your CCA please request it again,

however we will waive the £1 fee".

I ignored this as it seemed a little off;

how can they "waive" a statutory fee?!

Another reason I ignored it was because I had already requested this, so didn't see why I should have to do it again.

having ignored the latter correspondence from Robinson Way,

I then started receiving letters from Moorcroft.

The first was addressed to me but said

"We have this address recorded as yours, please confirm.

If you are not the correct person that this letter is addressed to, please also confirm".

I ignored this as it seemed like they were fishing for information!

They must have decided that I was in fact the person they were after because the next letters have been asking for money

"or potential further debt collection activity could take place",

specifically using the phrase "our client" when referring to Halifax.

They have also mentioned that they could potentially offer "a substantial discount to the original debt".

Sorry for the narrative, but I thought I'd give some background to this!

So, my questions are:

As they are referring to Halifax as "their client", would this suggest that the debt is still with Halifax and the DCAs have just been working on their behalf?

If so, it seems strange that all of a sudden, when I rock the boat,

Robinson Way jump ship (excuse the pun), and Moorcroft come creeping out of the wood-work;

this would suggest that it HAD indeed been sold on (??).

Secondly, does the fact that they've mentioned "a substantial discount" hint at a desperate attempt to get at least some money?

Thanks again for all your help!

AM

Hi AM,

In answer to your questions both are yes.

The word Client means that either the DCA is collecting on behalf of the Original Creditor so you can ignore the threats of this and that because as they do not own the debt they cannot go to Court so continue to ignore.

You need to check your credit file, Noddle and Clearscore are free, if the debt is still listed it will show the owner, however because you have not received a Notice of Assignment then unless otherwise proven the debt still belongs to the OC.

Discounts always mean that the account has a colourful collection past and because of these issues like unable to get hold of a valid CCA the DCA will just try to cut and run by offering a substantial discount.

As the account is not with Moorcroft you can safely say the Moorcroft are acting alone in this and any discount will not come off of the final amount, a typical DCA trick.

I would not personally play letter tennis with any DCA no more.

So continue as you have been before which is enjoying life, none of your hard earned cash goes to any DCA's, ignore everything except Court paperwork, if this is ever received please come back here immediately where we will all advise.

Stigman

Thanks Stigman,

Your advice is much appreciated.

The word Client means that either the DCA is collecting on behalf of the Original Creditor so you can ignore the threats of this and that because as they do not own the debt they cannot go to Court so continue to ignore.

If this is the case, won't Moorcroft just go back to Halifax and say that I've not been playing ball, causing Halifax to induce the court process? I think the credit card was from 2008 so if I'm not mistaken, they don't need a valid CCA to take me to court anyway (??).

You need to check your credit file, Noddle and Clearscore are free, if the debt is still listed it will show the owner, however because you have not received a Notice of Assignment then unless otherwise proven the debt still belongs to the OC.

I have an Equifax account and it looks like Halifax still own this debt.

Discounts always mean that the account has a colourful collection past and because of these issues like unable to get hold of a valid CCA the DCA will just try to cut and run by offering a substantial discount.

As the account is not with Moorcroft you can safely say the Moorcroft are acting alone in this and any discount will not come off of the final amount, a typical DCA trick.

I was unaware of such a trick! Thanks for letting me know about this!

Thanks

AM

old and new threads merged for history..

Halifax wont do court.

they'll flog it on

but I'm surprised you don't or haven't had letters from them

about payments stopping

its almost like they wee never getting you payments anyway..that wont be a first!

might it be an idea to SAR Halifax?

the statement might be interesting ??

Yes, I was also questioning why Halifax haven't contacted me themselves.

So DCAs are in the habit of taking payments and not applying them to the account?

Thanks

AM

oh yes called cash cowing

Rule #1. NEVER trust a DCA.

oh yes called cash cowing

So if this is the case, it may even be statute barred??

Doubt it

But an sar might be worthy?

Doubt it

But an SAR might be worthy?

Yes, this might be worth doing to get the history of the account.

Would be interested to hear some opinions on the two attached letters that I received a few days ago, both on the same day.

I am particularly confused about the one that has the Halifax letterhead;

this letter has the Moorcroft address in the top right.

What's more, under the account reference number, it says

"Creditor: Bank of Scotland PLC...........".

Not sure if I am reading into this too much,

but to me, it seems like Moorcroft have simply sent me a letter with the Halifax letterhead to make it look like it has come from Halifax?

Why would Halifax write to me with Moorcroft's address,

telling me that they are my creditor??

Also seems strange as both the letters arrived in separate envelopes on the same day.

The tone of the letters is also very stange......not very demanding.

Again, I could be reading into this too much!

Any advice much appreciated.

Thanks

AM

nothing funny about them at all

they are std DCA threat-o-gram mill letters

enticement to pay

enticement to start letter tennis.

Moorcroft are acting on behalf of 'their client' HBOS [Halifax & Bank Of Scotland]

thus they are allowed to and should use/include their clients details.

it like you representing say an elderly relative.

bottom line is

your ignore them

they can do stuff all..

puppet on a string.

dx

and

Hi,

It's been a while since my last post on here as activity has been relatively minimal.....

...the letters from Moorcroft stopped, after it seemed they were almost "begging" for me to give them money with continual offers of discounts etc. Anyway, like I said, they stopped.

Yesterday I received a letter from Halifax themselves stating that as they had not been able to reach a suitable arrangement with me, they have now transferred the account to Wescot to manage.

Would the advice from everyone here remain the same, i.e. ignore everything?

Thanks again

AM

I would say yes. You sent the CCA request to RW, they didn't supply and as such the account is still in dispute. This doesn't stop them from sending begging letters of course.

Are you able to remember when the last payment was?

Hi Silverfox. Yes, unfortunately the last payments made were only 1 year ago (about the time I joined CAG), so not statute barred;

I stopped paying after following the CCA procedure and not receiving anything of value back from anyone.

o date (fingers crossed) it is only Halifax who have continued to pursue since I stopped making the payments.

, that's not to say that the others won't come crawling out of the woodwork at some point!

I feel annoyed with myself as I should've started this process ages ago.

The debts were from so long ago that my current credit rating is now excellent with Equifax and Experian. In fact, my Experian rating is 999/999!!!

AM

again wetcloths don't buy debts they only chase them for clients and take a cut of anything they get.

IMHO very safe to ignore them.

OK Dx, thanks,

When you say "safe"........in which situation would you advise that I am not safe.......would this be if the debt is sold on? For some reason, I was under the impression (possibly erroneously) that I would be "safer" if the debt was no longer with the OC?

Thanks

AM

NO CCA

doesn't matter who has it

Sorry Dx,

I don't understand what your last post means. Could you re-word for me?

Thanks

AM

I stopped paying after following the CCA procedure and not receiving anything of value back from anyone.

Further developments to this......I received a letter from PRA Group saying that they have purchased the outstanding balance from Halifax. After sending a couple of "discount offer" letters, they have now sent the pre-litigation letter.

Am I right in thinking that I should download the PAP forms from CAG and fire them off to PRA, as per

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

Thanks

AM

They send the PAP letters if they decide to start claims proceedure the ones shown is for information to us only what to expect

Theyre calling your bluff