Indeed Brig just means they will be whistling Dixie for a long time. Calls dont get answered just annoying, steps have been taken on that front. Rgds

Hi all, very intersting. I am being chased by Moorcroft for a loan from RBS where after a request 4 years ago they admitted they had lost the agreement and had insufficient information even to approximate a recon, stating that it was unenforceable. Moorcroft are asking for the loan plus the addition of a 3k overdraft for which I am currently making payments. The loan is clearly in dispute (not making payments) I have given a copy of the original letter from RBS, Moorcroft have also written to say they have been lost but still write every 4 days and phone at ridiculous times. Starting to lose patience with thse "***ts"

Moorcroft are biblical ( Edit) by the way.

As another note. I requested a copy of the Loan Agreement on the 9Dec 2008 it took RBS till the 6th of February 2009 (56 days allowing for post) to reply with a letter to say the loan agreement had been misfiled and they cant find it.

Update to this thread. I wrote to Moorcroft asking for a copy of the agreement. They replied asking for the £1 fee. I had already done this 3 years ago and a copy of the letter from RBS had been sent to Moorcroft 4 weeks earlier which they haven't read or lost. I wrote back to them indicating that I had already paid the fee and requested a copy. Subsequently a letter from Moorcroft has arrived with a schedule of payments for £120 per month followed by a phone call this afternoon which left a message to call them. That is not going to happen

The Waksman ruling of a coiuple of years ago changed the whole game re True Copy, a somewhat disingenious ruling that allowed companies to reconstitute agreemnets even if they could not provide an original copy, however this looks like they have lost the lot and couldn't even knock up an approxmation of the original agreement. We shall soon find out. Thank you for your input. Also any case would be heard in Scotland.

Indeed Brig, Looks like RBS have taken a punt on asking Moorcroft to recover, it's over two years since they sent that letter during which time I heard nothing from them. But the account is clearly in dispute if nothing else so Moorcroft shouldn't be pursuing it anyway.

Copy of RBS letter attached Dear Sir/ Madam We refer to you correspondence dated 9 December (2008), and apologise for the delay in our response. We regret to advise that the loan agreement has been misfiled and despite searching our records we have been unable to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires. In the circumstances we apprecite that under s.77((4) of the CCA if Mr G decides not to meet his obligations under the loan as they fall due we will be unable to take steps to enforce repayment of the loan. However we consider that hi should continue to meet his obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and his continuing default will be reported to the Credit Reference Agencies. S.77(4) only prevents us from pursuing recovery of the debt through the courts. Should further assistance be required, please do not hesitate to contact us at the above office. Yours faithfully That is the letter I received including the typo from RBS. Copied this to Moorcroft who are now threatening possible legal action.

That's the letter in from Moorcroft threatening "possible litigation" unless paid in full by 17th, this has obviously crossed the letter I sent Monday asking for a copy of the agreement. I shall wait for the reply to my letter.

Indeed S. I'll wait for their reply and then call their bluff. I'll scan and post the letter it may be of help to others. RBS were within 2 hours of not being able to open the doors of their branches; no wonder. One wonders what natural disasters have fallen upon Telford recently?

You should see the rest of the letter. In-spite of me sending Moorcroft a copy of the letter two weeks later they sent a one line note asking for repayment offerrings. I have written back to them asking for a copy of the agreement that neither they or RBS have. Looks like it may go legal. I will advise.

From the RBS 6th FEb 2009 following a request for copy of agreement "We regert to advise you that the loan agreement has been misfiled and despite searching of our records we have been unable to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires" Just had a letter from Moorcroft asking for repayment watch this space