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Received a letter today off westcott informing me they are now dealing with RBS credit card. Going through IVA at moment (final stages). I was not informed by RBS that they were selling account to them just received this letter expecting me to pay balance. Have prepared a CCA request to send tomorrow do I need to contact them and inform them of my situation ie IVA or just send off request and wait. Thankyou in anticipation!!!:)SORRY EVERYBODY IT IS MOORCROFT was writing this post whilst on nights!!! Didn't have letter with me, thought it was Westcott APOLOGIES

Edited by fedup74
WRONG DRA GIVEN

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I was not informed by RBS that they were selling account to them
They probably haven't bought it. They normally act as an agent for the creditor. Why are you sending them a CCA request if you are finalising an IVA?
do I need to contact them and inform them of my situation ie IVA
Yes.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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RBS had passed debt to allied international. They were fully aware of our situation re IVA and have, in fact been, very understanding. Then this letter arrived - a notice of "intended litigation" from Moorcroft. The reason I am asking for CCA request I suppose is to stall for time. We have already got a charging order on the house from HFC(long story on another thread) They too were fully aware of the impending IVA and got in quick to secure their unfounded claim against our house. I am worried Moorcroft will do the same

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I am worried Moorcroft will do the same

Do they have a CCJ? Are there charges on the account?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Moorecroft generally start off all their communications from their Pre Litigation Unit or as in your case inform you of intended litigation whether or not they actually have the ability or the paperwork to bring a Court case.

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I'm sure there are late charges on the account. No they don't have a ccj(at the moment) but I am worried that they will apply to courtfor one before the IVA is finalised. As I know from bitter experience (with other companies) they won't listen to you and are totally unsympathetic towards your financial problems

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Well you could dispute any CCJ claim on the grounds of charges, valid credit agreement, etc. How long will it take to finalise your IVA do you think?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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All the paperwork has been sent. Just waiting for creditors meeting. Have you any idea how to appeal against the other CCJ/Charging order? I really appreciate your advice. Strange- just had a phonecall from Moorcroft as I was writing this! Me thinks their ears must be burning!!!:lol: Just informed their Rep that I would rather discuss details via letters and never answered security question as she didn't even introduce who she was or who she worked for just expected me to give my address and DOB out!! Told her we were going through an IVA and would send them details out. Do you think it is worth asking for CCA request or a list of charges thankyou

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Do you think it is worth asking for CCA request or a list of charges thankyou

Not if you are entering a IVA. If the IVA doesn't get approved then certainly you should look at doing this.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Just been reading some of the posts on IVA Is this a really bad idea? Having serious doubts now. The only reason we were entering into an IVA was because we were ina DMP but still getting phone calls up to 9pm and threatening letters even though we explained we were on a DMP and paying all we could afford. We also got a CCJ against us and then a charging order. Interest and charges were mounting so we felt this was our only way to get peace of mind and still pay our debts. Would really appreciate any advice on this, debating whether to ring Payplan tomorrow and ask if we can pull out and go back onto DMP. What do you think?

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IVA's are not suitable for the vast majority of people. I would suggest that you contact National Debtline about whether or not an IVA is suitable. Payplan deal in IVA's so I would contact an organisation that has no vested interest in promoting it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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You need to understand that an insolvency practioner will tell you that an iva is your best option,remember they will benefit financially from you.They will reatain a large amount of the money you pay in.If your financial circumstances change for the better,they could ask for increased payments.If it fails..your back were you started..infact probably worse off as the debt will have increased.an iva will also effect your ability to get credit.if you do choose this route Please Please don't sign the iva until you checked it thorouhly for any hidden clauses.

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Thanks for all your advice. Main reason for IVA was for manageable payments and peace from creditors. Now the highest loan(HFC) has been made into a secured debt so I am sure we would be able to cope with the other payments. I have taken Rory's advice(THANKYOU) and rung national debtline who are going to ring me back this afternoon. Just a bit worried Payplan will be peed off if we do stop it going through.

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Have payplan gone through all the pitfalls of the iva? If they acted like salesmen and were only focusing on the benefits of this route and not the negatives....it could be construde as misselling....point this out if they do get peed off with you.

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Will do thanks. Phoned national debtline today who were very helpful. They said nothing is finalised until after creditors meeting. Will phone Payplan tomorrow

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See what happens at the creditors meeting if you can get the iva set up on your terms with fixed monthly payments that you can easily afford for the next 5 years.This may still be a good option.Good luck.

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  • 3 weeks later...

Hi everyone received another "NOTICE OF INTENDED LITIGATION" today:sad: We are still unsure whether to continue with thi IVA so i sent a CCA request which has been received on 29/05/08- no agreement sent this is 9 days now they want payment in full before 12/06/08 and want me to ring them to arrange full payment of £1700 couldn't even manage £17!! They have given me a week to pay this off. I know the holy grail about never speaking to them, if I send a letter to them stating CCA request it won't get there till at least 10/06 which is giving me 2 days till they start litigation HELP!!!

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Intended litigation in just over three weeks!!!!! - i have had moorcroft after me for much longer than that and have had several like this and ignored then so far - i made an offer of £5 through the CAB and the accepted it but I am still getting computor generated threato-grams demanding £100 per month which I am ignoring but will complain about shortly once I have sorted part of LLoyds out

 

There are afar more experienced people than me on there but I wouldn't lose any sleep over this one. They use 'prelitigation section' and all sorts of bull**** like that as a matter of course to frighten you

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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As i understand (and I am also a realtive newbie) it by requesting a CCA you are putting the account in dispute so they shouldn't be sending those letters but I do know DCAs try alot of stunts they aren't supposed to and so far at least one has given up with me this year and passed it back to the OC after the 90 day cycle and OC is still dealing directly with me - which I suspects means they haven't got the original CCA - don't sing anything BTW - they have been know to scan signatures to 'create' CCAs

 

Don't Panic should be CAGS strapline in big friendly letters

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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Just a quick update. Time is up for 12+2 days. Received a letter asking for a copy of the bankruptcy order?:confused: News to me!! Just spoken to payplan re IVA told her our misgivings and we are now going down the DMP route instead- a big relief so no IVA

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Received another letter today with my £1 postal order attached saying they are unable to provide a copy of the agreement as they have been in contact with their client (RBS) who have confimed to obtain a copy of the agreement I must put my request in writing to their address. Is this right? Surely they could have passed that request over to them if they have already been in contact? Would appreciate advice please:)

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