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Lyndell

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Everything posted by Lyndell

  1. Ok - thanks - will tell my son to sit tight and try to relax. He seems to be right back where he started. Sainsburys may write to him again shortly as they wrote to him on 17th September 2010 saying they would review his situation and payment in 6 months. Unfortunately about 8 weeks later he received the first letter from Moorcroft who said they were now working on behalf of Sainsburys!! It will be interesting to see who the next letter comes from. Thanks again. I will be back with the next instalment.
  2. Thanks for your quick reply. Can you just clarify for me - will the CCA my son sent Moorcroft be on record and will the account be in dispute now? Shall I send another CCA request to Sainsburys seeing as the account has now been sent back to them. Is it worth sending a SAR request to Sainsburys?
  3. I first posted my son’s problem on 11th November and have been following the advice given by members. Unfortunately another problem arose last week and I posted it on the original thread seeking advice but did not receive any replies so have created a new thread. I don’t seem to be able to post a link to the original post but very briefly my son received a letter from Moorcroft stating they were working on behalf of Sainsburys to recover the money he owed on a credit card. Unfortunately my son cannot pay it, his business failed – he has had to sell his house and he has paid off every penny he owed apart from Sainsbury. He is also still unemployed. Following advice from members my son sent Moorcroft a request for the CCA – when he did not receive it he then sent the Account In Dispute letter on 19th January. He has finally received a reply from Moorcroft which I have typed out below:- “We write in reference to your recently received letter and regret to advise that we are unable to comply with your request as we are no longer dealing with this account. For the avoidance of doubt you should resubmit your request to the client. We have returned the payment, where applicable, which was submitted with your original request, duly enclosed, and further advise that all future correspondence should be made direct to our client”. It looks like they don’t want anything to do with the debt – does this occur quite often? Moorcroft have not returned the £1 Postal Order but have sent a cheque. Is there any reason why my son shouldn’t pay it into his account or am I just being over suspicious! Secondly can anyone confirm what steps should my son now take? Moorcroft say he should resubmit his request to Sainsburys – is this correct? We were just talking last week about sending a S.A.R. request to Sainsburys as we hadn’t heard from Moorcroft but should I put this on hold for now? Even though my son sent a CCA request he has continued to pay Sainsburys £5 a month by standing order. Any advice would be appreciated.
  4. ….and so the saga continues. After failure by Moorcroft to send a copy of the CCA my son followed the advice given on the forum and sent the Account in Dispute letter dated 19th January. He finally received a reply from Moorcroft today which I have typed out below:- “We write in reference to your recently received letter and regret to advise that we are unable to comply with your request as we are no longer dealing with this account. For the avoidance of doubt you should resubmit your request to the client. We have returned the payment, where applicable, which was submitted with your original request, duly enclosed, and further advise that all future correspondence should be made direct to our client”. It looks like they don’t want anything to do with the debt – does this occur quite often? Moorcroft have not returned the £1 Postal Order but have sent a cheque. Is there any reason why my son shouldn’t pay it into his account or am I just being over suspicious! Secondly what steps should my son now take? Does he have to start all over again and send the letter to Sainsburys asking for a copy of the CCA and enclosing the £1 postal order? We were just talking yesterday about sending a SAR request to Sainsburys as we hadn’t heard from Moorcroft but should I put this on hold for now? Many thanks.
  5. Ok thanks for now. Be back in just over 3 weeks unless I get a response.
  6. Just to keep you updated, I have sent the second request for the CCA but have not yet sent off the SAR request. The request for a utility bill may cause a problem as my son moved out of his house early October and is living at his brothers for a while until he sorts himself out. He therefore does not have any utility bills. Are you aware if they would accept anything else instead? Thanks.
  7. I have just typed the letter for him and will post it tomorrow. I presume I should wait the 21days before sending a SAR request to Sainsburys. When all this started I did tell my son I could manage to pay 50% of the debt as I really want him to be debt free. He passed this offer on to Moorcroft but they were not interested and wanted at least 75%. Unfortunately my circumstances have now changed and I have had to get a new gas boiler so hopefully we can defer this situation as long as possible until I am in a better position financially. Thank you once more - really appreciate your advice.
  8. Thanks PGH, I have learned so much from using this forum and don't panic quite as much when we get these letters. They must be quite intimidating though for people who do not have access to this site. Thanks again.
  9. Thanks for your speedy reply Coledog, will do this and post it tomorrow. Should my son make Sainsburys aware of what action he is taking or just deal with Moorcroft? For the time being my son has decided to continue paying the standing order of £5 per month.
  10. I first posted about this problem on 11/11/2010 and was unsure whether to start a new thread or carry on. I have decided to stay with the thread as I could not post a link if I started a new thread. This is the current situation to date. To give my son a bit of breathing space he wrote to Moorcroft on 12th November requesting a copy of the CCA. They sent him a letter dated 18th November confirming that they have requested the relevant documentation from their client (Sainsburys) and would duly forward it on. They also state that all collection activity on the account has been put on hold and they will not seek to enforce payment of this debt until such time as the documentation has been supplied. They go on to ask if my son can provide an indication of the information he will be relying upon when giving evidence to the court or information to the relevnt statutory authorities in relation to the alleged subject matter of this account. They asked for this information by return to minimize potential costs and delays. This was the last letter my son has received and to date he has not received the CCA. He has not contacted Moorcroft regarding the information they requested and although they say they have put any collection of payments on hold I can confirm that my son is still paying the £5 he agreed with Sainsbury by standing order. I have told him to keep paying it until I get some further advice for him. Can anyone advise me what he should do next. Should he send another request for a CCA and if so is there a template he can use. Alternatively should he contact Sainsburys direct to request the CCA as Moorcroft seem to be acting on their behalf. Should he stop paying the £5 standing order which is the payment agreed by Sainsbury and which is due to be reviewed by them in March 2011. Any advice would be much appreciated. Thanks in advance.
  11. Thanks Mr. W. This forum is brilliant, the perfect cure for sleepless nights! My son is under strict instructions not to speak to them and we will wait now until the CCA arrives. I believe I have to give them 14 days to send the CCA so will be back on the forum then. Thanks once more.
  12. Thank you all for your help last time. Unfortunately I still haven’t got the hang of this Forum and can’t seem to locate ‘Help’. I am sure I failed to thank people last time so if anyone can direct me to the Help section I would be very grateful or better still do I just click on the stars to thank people? I believe I am right in carrying on this thread so am giving an update of the latest situation and also once again asking for advice. My son sent the letter to ask for a copy of the CCA and has just received the following reply from Moorcroft. 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 possibly 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 as shown above Firstly just to confirm that my son will never again ring Moorcroft as we have taken the advice given on the forum and will ensure everything will be in writing. Can you please advise him how to respond to the above letter. His circumstances have not changed at all and as a point of interest he is still paying Sainsbury £5 per month by standing order. The last payment went out on 12th November 2010. Should he just wait until he receives the CCA or should he write and acknowledge this letter. Many thanks
  13. The letter from Sainsburys kept mentioning the words informal arrangement but it also says it will be reviewed next March 2011. I am going down the CCA route now but will also write to Sainsburys as I think it is totally out of order what they have done. I will also try and get the payments done through standing order. Thanks for your input and help.
  14. Wow - thank you all so much for your replies - I will work out how to award stars but need to go to Help - will sort it shortly. You have certainly confirmed my worst fears about Moorcroft but I think I will do as suggested and go down the CCA route first to give my son a bit of breathing space. Am I right in presuming that the letter goes to Moorcroft and not Sainsbury? I will read up on CCA and as soon as I receive it then I will take the next step. In the meanwhile should I write to Sainsbury to ask why they passed the debt on especially after they wrote in September giving my son another 6 months or should I just deal with Moorcroft. I have tried to take some of the pressure off my son by dealing with this but must admit it is very stressful. Just reading your answers has helped - at least I can tell him we are not alone and at least some of the replies brought a smile to my face. When I receive the CCA I will be back on to ask for advice on what to do next i.e. send the letter offering them a monthly payment by standing order or try to get a figure for a full settlement. However there is no way we can raise the full amount. Thank you all so much.
  15. Thanks for the above - at present he is still paying Sainsbury the £5 on direct debit and it went out during October. Should he now cancel this
  16. Thanks for the above - at present he is still paying Sainsbury the £5 on direct debit and it went out during October. Should he now cancel this seeing as it is now in the hands of Moorcroft.
  17. I will try to keep this as brief as possible. My son has been having serious financial problems since his business failed but he has managed to sell his house at a give-away price and paid off most of his debts - leaving him with absolutely nothing. He has one credit card left and owes Sainsbury around £8k. He has no way of paying this as he is unemployed and to be fair Sainsbury have allowed him to pay £5 a month until his circumstances change. He had a letter from them dated 17th September 2010 saying they will review his position again in 6 months. Now out of the blue he has received a letter from Moorcroft Debt Recovery – Pre Court Division. The letter states:- We have been instructed by Sainsbury Bank to collect your overdue debt of £8000. It is a legal requirement to send a notice of intended litigation before legal proceedings in the County Court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you. To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Payment should be submitted in full within 7 days or contact made with this office immediately by telephone or letter, with your payment offer. Both our client and we do not wish to take this action but if agreement cannot be reached by 09/11/10, a claim may be issued by our client’s solicitors without further notice. We would draw to your attention that if Judgement and an order for repayment in full is obtained and remains unpaid, a range of court enforcement options are available and may be considered. We would emphasise that should Judgement be entered against you this may affect any future credit application you make elsewhere. We would also draw to your attention that all legal costs incurred are usually payable by the debtor. Please contact us today as we will be happy to discuss a repayment programme that you can afford and maintain. All payments must be payable to Moorcroft Debt Recovery Ltd and forwarded with this letter to the above address. My son is really struggling to cope and to be honest I was not aware of just how bad things were until a few months ago. He immediately rang Moorcroft (after a bit of research on this site I have told him not to ring them at all as I realise everything has to be put in writing) as he was so worried but they didn’t seem interested in agreeing a payment plan they seem to be pushing him for full settlement. This is totally impossible, we are not a rich family but I can raise about 50% of it – is it worth writing to Moorcroft stating that we will pay this as full settlement. At present if he could agree a payment plan he would only be able to offer a minimal amount of £20 per month. He knows he has to pay the debt but we really need to sit back and take it all in. Would it be advisable to write and request a CCA a I read somewhere that this could give a bit of breathing space? One last point, would it be worth writing to Sainsbury again bearing in mind that they only wrote to him in September giving him 6 months at a payment plan of £5 per month. He cannot understand why, a few weeks later, they have passed it on to Moorcroft. Sorry this is so long but I would appreciate any help as to what he should put in his letter. Thank you in advance.
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