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mikeforan

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About mikeforan

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  1. I sent a CCA request to Moorcroft who passed it on to RBS who have today replied & returned cheque to me saying that they cannot match the reference number provided (Moorcroft reference) to any account and asking to provide Account number and Sort Code. Secondly, Before they can action my request, they are asking to provide another form of identification because they do not hold my signature on record. Well, they have been forwarded my letter by Moorcroft who have been collecting on their behalf, surly they should be able to trace the account. Or are they trying to get more time
  2. Thank you for clarification. One of the question remains. Can RBS report a DEFAULT for the 2nd time now even when the default was first reported in 2001 and removed from file?
  3. It has been 10 days now and I received letter from Moorcroft confirming my request for copy of signed agreement. They said, "We have passed it to RBS who have confirmed that relevant papers will be provided as soon as possible. Our normal recovery procedure will commence 14 days after the date of this letter." I am a little confused about time limits here! Are the "12+2 days" only working days? Will RBS get extra time because original request was made to Moorcroft? What if they cannot provide documents in time limits - Does it make agreement unenforceable even if they can find
  4. I have sent off these two letters, one to RBS and the other to Moorcroft but now I am a little worried that they may now decide to take the County Court Judgement route so that any attempt to question the Credit Agreement has no effect on them recovering the loan. It has taken me many years to get my credit history cleaned of defaults and CCJ and I am worried about getting another CCJ. Another question is that, I have an agreement with Moorcroft to pay £70 a month, should I stop it while the CCA request is processed or continue with it? Finally, if it is clear that the Credit Ag
  5. Thanks for that. I will send off these letters see what do they come up with?
  6. It was a loan taken out back in 2000. Are you saying that if the original agreement is not enforceable then I do not have to pay it? I doubt that they have added any charges since Moorcroft were managing it as I requested statement from them several times and it was showing slow decrease in the balance, but now RBS have written to me for the first time ever with a statement informing that interest has been charged from 08-09. Could this have anything to do with Government taking the major shareholding in the RBS? Why they did not bother for many years and now saying we are going to start
  7. I have an old debt (2000) with RBS which is being managed by Moorcroft for the last few years and I am paying a regular amount. As I was getting happy that my debt will finish in a year or so, I received a first ever statement from RBS which shows that my debt is about £1000 more than the Moorcroft statements. This is the first time RBS has written to me in the last 4 or 5 years. There was no interest added on by Moorcroft but RBS in their statement say that "From 11 September 2008 to 24 August 2009 the interest charged is equivalent to a fixed annual rate of 9.66% over the term of the loan".
  8. I just checked the London Gazette's website for published statutory demands but didn't find any. However, it gives details of what types of notices can be published. Unfortunately, only Statutory Demands for Individuals can be published but must be done by professionals. It is contrary to what you discovered.
  9. This website seems to suggest that it is legal to advertise the service of Statutory Demand in a Newspaper. If this is the case then surely informing Accountants, Bankers and Regulators etc is not as bad? Can anyone clarify this point please? I just do not want to inform the above and end up paying for damages instead of getting my money back. Further, does the same rules apply when serving SD on a company? Here is the link to this website and excerpt from it. Statutory Demand Issues - Free Statutory information (This paragraph is under PROOF OF SERVICE OF SD) Where the cre
  10. Is it legal to inform Accountants, Bankers, and Regulators of a company about a Statutory Demand which I issued for an unpaid debt? Can there be any comebacks from a legal point of view which I should be aware of?
  11. Thanks PGH for your clarification on this matter. However, it has raised some more questions; Suppose the OC has sold its debt then can they buy back debt if DCA were unable to collect? What is the usual practice if DCA was unsuccessful? I believe if Tax relief was received then they would not be able to buy back debt? Is there a way to find out if the debt has been sold without making contact with the DCA? Do the DCA behave differently when they own the debt?
  12. There is a lot of useful information on this forum regarding powers of DCA (debt collection agencies) but I am still not clear about their powers and if someone can clarify them for me? I understand that the DCA have no power in itself. They have to get the legal powers from the court. Now suppose that a Creditor sells his debt to DCA, then does it mean; Now DCA can take you to the court because they own the debt DCA can add their charges to the debt as their collection fees and it becomes legal part of the the total debt Now suppose that the debt was disputed and DCA t
  13. Just to update; I spent last few weeks in contacting solicitors who are not prepared to work on CFA basis as they say that they do not know what the response would be from defendant and they are not sure about the outcome. Some of them offered to start writing letters to see their response for £400 and if they paid up then they will take a small percentage but if it starts to go down the route of litigation then they will only work on £180+VAT per hour. In short, I did not get a positive response from solicitors. So I bought "Small claims Kit" & "Small Claims Procedure" and started reading
  14. Thank you DJC for your detailed advice ...Yes, I have kept all the letters and documents. I have started writing dossier as you advised to take it to solicitors. Thanks again. Mike
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