a failed C.C.A and now another d.c.a .

[domyheadin]

can someone pls help with a matter concering moorcroft debt recovery limited

on the 18th June this year i received a letter from DEBT MANAGERS LTD.

stating that they were acting on behalf of there client BARCLAYS BANK

and were looking to recover £14675.71 from me. I wrote to them straight away asking for a copy of my C.C.A.

They replied on the 27th june stating they have requested a copy from Barclays bank and will revert to me once they had obtained it. I never heard from them again.

 

Today 12th October I received a letter from Moorcroft saying they have been instructed by barclays bank to reclaim the DEBT:confused:

Surely Barclays can not transfer the debt around once it is in dispute ??

what do I do next do I ask Moorcroft for a copy of my C.C.A. when after all this time they might just have a copy of it now, or do I write to them and inform them the debt is in dispute with Barclays and DEBT MANGERS

and not to write to me again?? or do I just dig my heels in and write to Barclays bank to inform them that the debt is not valid anymore because DEBT MANAGERS acting on there behalf failed to supply me with a copy of a C.C.A concering this debt.

please can some one give some advice as to what my actual options are at this stage

ty domyheadin

[itsamomentintime]

i would CCA Barclays, and copy in the others

 

dont panic. no CCA = no power to enforce any alleged debt

[rory32]

All you need to send Moorcroft is

I do not acknowledge any debt to you or any company you claim to represent. Since your client, and the debt collection agency they previously used, remain in default of a request made under the Consumer Credit Act 1974 for a copy of the credit agreement, I am not sure why you have contacted me.

 

Additionally, your client failed to inform me that the matter was being placed in your hands, which is a breach of the OFT guidelines on debt collection.

 

Yours faithfully

[domyheadin]

All you need to send Moorcroft is

tks rory I will send them that and hopefully they wont bother me again ...just wondering why Barclays have done this perhaps Debt managers wont act for them without a C.C.A. ??

[linz2011]

subscribing

 

Good luck:)

[rory32]

Debt Managers have a habit of backing off very quickly if there is no copy of the agreement.

[domyheadin]

I sent of a letter to moorcroft yesterday i wonder will they reply or will Barclays ...I sent it recorded delivery so they cant say they never got it

[domyheadin]

still havent heard anything ...now there a surprise:o lol

[domyheadin]

Today I received a letter of Moorcroft stating

"I write in response to your recent dispute in relation to the above account and can confirm we have been in contact with barclays bank plc who have advised us that a copy of the agreement is not available on this account as it is over six years old and that you were paying untill 2005. I can also confirm that we have attached proof of the balance for your records "

 

according to there records on the 28 aug 2001 was when i received the loan

 

 

QUESTION ... this date that they provided shows that the account has only just gone past the six year mark and in fact it was the 18th june 2007 when DEBT MANAGERS first tried to contact me making it within the 6yr period so they obviosly have no C.C.A and never did have one ..is this a ploy by Mooorcroft to try and get me to pay....any help on this matter will be gratefully received ...what do I do now? ...I am confused somewhat as to how they can chase me without a C.C.A. then when I challenge them they can wait for the passing of the 6yr period and say they dont need one now :?

[Curlyben]

Remember

No CCA = No Enforceable debt.

 

They can threaten all they want, but there is nothing they can do.

[HeatherMc]

Today I received a letter of Moorcroft stating

"I write in response to your recent dispute in relation to the above account and can confirm we have been in contact with barclays bank plc who have advised us that a copy of the agreement is not available on this account as it is over six years old and that you were paying untill 2005. I can also confirm that we have attached proof of the balance for your records "

 

according to there records on the 28 aug 2001 was when i received the loan

 

 

QUESTION ... this date that they provided shows that the account has only just gone past the six year mark and in fact it was the 18th june 2007 when DEBT MANAGERS first tried to contact me making it within the 6yr period so they obviosly have no C.C.A and never did have one ..is this a ploy by Mooorcroft to try and get me to pay....any help on this matter will be gratefully received ...what do I do now? ...I am confused somewhat as to how they can chase me without a C.C.A. then when I challenge them they can wait for the passing of the 6yr period and say they dont need one now :?

 

What a load of rubbish! They don't have a cca, you win. There is nothing they can do. Well done.

[domyheadin]

Remember

No CCA = No Enforceable debt.

 

They can threaten all they want, but there is nothing they can do.

 

 

what about the fact the debt is now over 6 yrs old , they say they dont need one for a debt that old

[Curlyben]

Complete Bovine Excrement.

If they want to enforce it they MUST have the agreement !!

[domyheadin]

Complete Bovine Excrement.

If they want to enforce it they MUST have the agreement !!

 

 

Forgive my ingorance Curlyben but what do I do now ...do I write back to moorcroft stating that or do I sit and do nothing:???:

[diskmandave]

They're required under anti money laundering laws to keep agreements for 6 years after the complete closure of an account, not six years from its inception.

 

As already stated, no agreement = no enforceable debt. They will huff and puff and try to blow your house down, but that's all they can do.

 

Regards, Dave.

 

If my post was helpful don't forget to click the scales!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily wagon driver and all I know has been learned within the

Debt Action Group.

 

FAQ's

http://www.consumeractiongroup.c o....se-read-these/

 

The Debt Action Group

Debt Collection & Debt Collection Agencies

http://www.consumeractiongroup.c o....bt-collection/

General Debt Questions & Help

http://www.consumeractiongroup.c o..../general-debt/

Trying to stop smoking?

http://www.consumeractiongroup.c o....-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.c o....i-dummies.html

--

[domyheadin]

Thanks people you have all been very helpfull but what I need to know is what do I do now ,,, they also sent statements showing the money in my account and they have also sent me statements showing that I was paying the debt up to 2005,, do I write back stating that the debt is unenforceable because of no C.C.A. or do I not bother replying

[Curlyben]

WAIT until they have something worth while to say.

[Oh Boy!]

They're required under anti money laundering laws to keep agreements for 6 years after the complete closure of an account, not six years from its inception.

 

--

 

I am Thick today yesterday, the day before and the day before and probably tomorrow.

 

Can you clarify the comment above please.

[rory32]

Oh boy the 6 years Dave is refering to is contained in many regulations and Acts which make up the anti money laundering legislation for this country. To not comply with it is a very serious offence, it's not like the slap on the wrists you might get for not supplying a copy of the agreement.

 

Offences are generally dealt with by The Financial Crime Branch of HM Treasury and can potentially mean a lengthy jail sentence and/or fine.

 

Many banks have in the past misunderstood this legislation and this is why they wheel out the 6 year rule. For some reason many banks have in the past thought that it was 6 years from the opening of an account but, as Dave rightly states, the actual 6 year period runs from when the account is closed.

 

Hope that clears it up.

[domyheadin]

 

Offences are generally dealt with by The Financial Crime Branch of HM Treasury and can potentially mean a lengthy jail sentence and/or fine.

 

 

 

A lenghtly Jail sentance who for the bank....forgive my ignorance but how can you send a bank to prison

[spamheed]

Quote

"The 2003 Regulations provide that IPs must maintain record keeping procedures which require the retention of identification records and a record of all transactions carried out by the IP as officeholder for at least 5 years on the date that the business relationship ends, or in the case of a one-off (or series of such transactions) at least 5 years from the date of the completion of all activities taking place in the course of that, or those, transactions. It should be noted that the 2003 Regulations impose more stringent requirements for the retention of financial records in respect of transactions carried out by the IP in members voluntary liquidations, administrations, administrative receiverships and voluntary arrangements than those imposed by current insolvency legislation. "

[spamheed]

Also possibly relevant

 

quote

 

Companies Act 1974

 

"The Act made a number of amendments to the Companies Act 1931. It enables the Treasury to apply to the High Court for the appointment of inspectors in the public interest or where the company has been used for an unlawful purpose or persons concerned in its formation or management have been involved in misconduct. The Act also prohibited corporate directors. "

 

 

basically, any company owner, director, or executive can be held liable - usually the lowest ranking schmuck