Moorcroft CCA agreement

[MickKane]

Been reading on here about CCA agreements, so i rang up Moorcroft today and asked them to supply me with one, they said they dont have one and I need to get in tough with the catalogue which the debt is with even though its been passed to Moorcroft.

 

The women on the phone was not very helpful and just kept saying u signed an agreement with the catalogue.

 

Can I stop paying Moorcroft if they dont have a CCA agreement.

[Curlyben]

You MUST make a formal request in writing for the agreement as anything else DOESN'T count.

Also there is a £1 fee that must be presented along with the request.

 

 

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[ScarletPimpernel]

You need to write to them so that it's a formal request; you need to enclose a £1 postal order which is the maximum statutory fee. It's a well to make clear that this £1 shouldn't be used for any other purpose. The statutory time limit clock starts on the day they receive it - so send it by a trackable method. In the letter remind them that s.189 of the CCA 1974 makes clear that they are obliged to comply with your request even if they are not the original creditor as they are acting as an agent.

 

There's a useful template on the site.

[MickKane]

Thanks both for the reply, what shall I do with my payents in the meantime.

[N.P]

Hi Mick,

 

I thought I`d join in as Morecrap are also on my idiot list.

 

First, never speak to DCA`s on the phone, on anywhere else come to that. Everything must be in writing. If they ring and you accidently answer their call, just scream "only in writing moron`s", then put the phone down, once you start talking to them they will try and talk you into paying up anything you can, so NEVER speak to them.

 

No one can really tell you what to do with your payments in the meantime, you could keep up the payments untill the 12 working days are up, if you can afford it. Personnally, I had my account sent to Morecrap because I was struggling with payments, I`d missed the last few, but after I CCA`d them they never hassled me again, so I haven`t paid anything for a few months now as they haven`t showed up with a CCA.

 

Everything is straight forward once you start. I was quite nervous when I received the first letter from them, but once I sent off the CCA request I immediately felt in control again.

 

Regards

 

 

N.P.

[Chrisjbc]

Having some fun with More Crap

I have a very old debt with a Card which they took and wanted payments from about, I think, if memory serves, late 1990's, anyway, not being aware of this site and advice, I have been paying them all this time. I have sent them NOW a CCA letter which is out on the 12+2 and shortly on the 30 calendar, i'e no details . Is there a proceedure to re-claim all monies paid, I do not have a record as such or should I request a statement for whole period and demand repayment or a County Court summons(?) and or criminal proceedings will be commenced? There letter acknowledges my demand, but is so sugary it would make you weep, asking for all sorts of information about points of dispute etc for " mutual benefit" As if I am going to supply this !

 

Also, I believe that Westcot are NOT registered as Data processors within the meaning of the Act

 

Advise gratefully received

ManyThanks

[N.P]

Hi Chrisjbc,

 

You need to start your own thread.

 

Perhaps a mod can move this for you?

 

Regards

 

 

N.P

[MickKane]

Hi Moorcroft recieved my request on the 4/12/07 since then i have gave them a ring on the 7/12/07 to see if they have sent out my request yet (and to annoy them really) they said they had not and the account was on hold.

 

Today I received a call asking for my payment and they had added another £10 on since last week. They also say they have no record of recieving my request even though the account was put on hold and I have proof they signed for the letter.

 

When the 12 working days are up is there anything else i need to do other than laugh at them when they ring me

[Curlyben]

Wait a further month and if they continue to demand payment throw a report to Trading Standards as they are chasing and unsubstantiated debt.

[MickKane]

Thanks Curly, been reading about people claiming or recieving money back from Moorcroft that they had previosly paid to them after the 30 days is up, is this correct, is this something you can actually do?

[Curlyben]

Mick, sorry but you really don't have a hope of getting any money out of a DCA ever.

 

Have a read of this: http://www.consumeractiongroup.co.uk/forum/general-debt/112860-will-you-get-payments.html

[MickKane]

Thanks again, thats fair enough, thought it was a little weird but thought i better look into it a bit more.

 

Just glad I found out about this CCA agreement request and all the help from this site really.

 

Thanks again

 

Mick

[Penfold92]

One other thing Mick,

 

Do not call them anymore and do not speak to them if they call you. Tell them to put everything in writting from now on only!

 

Good luck,

 

Penfold

[Penfold92]

Mick, sorry but you really don't have a hope of getting any money out of a DCA ever.

 

Have a read of this: http://www.consumeractiongroup.co.uk/forum/general-debt/112860-will-you-get-payments.html

 

 

Hi Curly,

 

I'd say depends on the situation and how hard you going to push...I am 3 days away now from the hearing that Woolwich have not been allowed to defend...I will be getting my money back and some...

 

Penfold

[MickKane]

Hi I recieved another letter today from Moorcroft as below

 

Dear Mr Kane

I write to condifm that our client (shop Direct FS) has been unable to supply a signed credit agreement for you. We have therefore returned payment you have made (the £1 postal order)

We accept that under section 127 (3) of the CCA act 1974 this debt is therefore unenforcable via a court order. We must inform you however that the account still remains outstanding.

It is our understanding that the goods which have been charged to your account have been ordered by and delivered to you. We can confirm therefore that a default remains in relation to the account and we would remind you that making a payment to clear the balance may assist in relation to your credit history.

Please confirm that you accept that the goods were ordered and recieved and let us know your settlement proposals.

 

My take on that is they know they cant do anything but please please will you pay us anyway.

 

Thanks for all the help once again

[The GodMother]

Hi I recieved another letter today from Moorcroft as below

 

Dear Mr Kane

 

I write to condifm that our client (shop Direct FS) has been unable to supply a signed credit agreement for you. We have therefore returned payment you have made (the £1 postal order) Oh what a suprise just llok at other thread that is on the forums all about companys these ppl own.

We accept that under section 127 (3) of the CCA act 1974 this debt is therefore unenforcable via a court order. We must inform you however that the account still remains outstanding. Thank you for accepting that but may l remind you that l dont have to make payment.

 

It is our understanding that the goods which have been charged to your account have been ordered by and delivered to you. We can confirm therefore that a default remains in relation to the account and we would remind you that making a payment to clear the balance may assist in relation to your credit history. Oh thank you for advising me that it helps with my credit history.

 

Please confirm that you accept that the goods were ordered and recieved and let us know your settlement proposals. Goods what Goods. My proposals are you go forth and multiply.

 

My take on that is they know they cant do anything but please please will you pay us anyway.

 

Thanks for all the help once again

 

 

Well thats my comments.

 

Chrissi

[Penfold92]

and mine...upto you where you want to go with this now...

 

Penfold

[MickKane]

Thanks think i will just leave it, can i ask i am paying off various loans and credit cards to DCA and solicitors can you do the same thing with these, they are accepting reduced payments to what the original loan and credit card agreements would be. Dont want to upset them and them ask for all the money back in one go.

[The GodMother]

You wont get any money you have already paid back. Unless it is for Late Payment fees, Interest and PPI. That is all you can claim back. You may be able to put reasonable costs on top of that but that would be for things like writing letters and postage and packaging.

 

You can CCA any company at any time for loans creditcards etc, but not Mortages, the fact that you have been paying them for the debt will not stop them having to provide the details.

 

Just do what u think is rite and go from there.

 

Chrissi

[Penfold92]

You wont get any money you have already paid back. Unless it is for Late Payment fees, Interest and PPI. That is all you can claim back. You may be able to put reasonable costs on top of that but that would be for things like writing letters and postage and packaging.

 

You can CCA any company at any time for loans creditcards etc, but not Mortages, the fact that you have been paying them for the debt will not stop them having to provide the details.

 

Just do what u think is rite and go from there.

 

Chrissi

 

Hi Chrissi,

 

This was for an old credit card as I read it and I have just got back every penny I paid Moorcroft, plus interest, plus costs...Took nine months mind you and forking out £300 in court fees...

 

Penfold

[The GodMother]

Rite.

 

Well from what l know and what l have read on this Sticky: Will you get payments back because of the lack of a credit agreement?

 

PPl are not entitled to the money back. unless it was for what was stated above.

 

You are the only person that l can safely say has managed to recoup what you have paid to anybody for there payments.

 

Chrissi

[Penfold92]

No you are right there Chrissi, but is that because I did take them on and took them to Court? I know of others who have also done so, they merely have PMed me rather than putting on open forum.

 

I am not saying anyone should do this, just it is not correct to say you cannot try IF you want to.

 

Penfold

[The GodMother]

ok so on what basis would you be able to claim.

 

Because if you did not have a credit agreements then why would you be paying any way?

 

Chrissi

[Penfold92]

ok so on what basis would you be able to claim.

 

Because if you did not have a credit agreements then why would you be paying any way?

 

Chrissi

 

No on the fact that there is abreach of the CCA Request and hence an unenforceable agreement, this opens the door to what documentation they hold and should (like in my case) they hold absolutely nothing on file regarding the debt they are then breach a whole load of other Laws and Regulations apart from teh original CCA request...If you read my thread you will see all the info there...This is someone elses thread who wanted to know some options available to them I believe.

 

Penfold

[MickKane]

Just had them on the phone today asking why they have not recieved a payment, they said they were from the pre court division, also that they do not need the cca to take me to court and that they will be contacting the solicitors about it.

 

Also mentioned that they will be calling to my house to collect

 

Any advice, thanks