Moorcroft debt advice please

[Cyclechick]

Back at the start of 2004 I took out a loan with RBS for some home improvements to the tune of 10k.This I dutifully paid for the first year or so without any problems before things started to go off the rails.I lost my job,my mother died and I got lost in a horrible bout of depression.

Anyway,come the later part of 2005 I got a new job and started to turn things around.I got all my other accounts up to date but by then my RBS loan had been passed to moorcroft.This again I dutifully paid starting around £130 a month and periodically they put this up and its now around £160.

 

 

Working it out Ive paid over £10000 to RBS and moorcroft but I still have £6500 to pay according to moorcroft.Ive read through a number of the threads and I guess Im asking for some advice as to the best approach.

I could just carry on as I am I suppose and it will be paid off in around 4 years time.Traditional advice seems to be to send in something called a CCA headed with I acknowledge no debt to your company but if thats the case will they not surely say why the hell have you been paying us for the past 4 years then?

Really Id like some way just to get it cleared off.Its not that I want to avoid paying my dues but I feel like Ive done that and then some and when I really needed the help neither RBS nor moorcroft were ever willing to listen.

So what do you think I should do now?

[Maggie_moo]

It's not statute barred I'm afraid so the Do Not Acknowledge letter is irrelevant, Ithink you should be send of for a sar which will cost you £10, it will detail all your payment etc.Also a CCA agreement request might put your account in dispute as it may be unenforceable.

[cerberusalert]

You'll need to send the SAR to RBS and ask Moorcroft for a 'Statement of Account' to see who & what has been paid. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[little miss complaint]

A Subject Access Request is one possibility, but it costs you up to £10 and is pointless if all you want to know is why the balance is due. You can call or write to Moorcroft and request a breakdown of your account including the original balance, all interest charges/late payment charges etc, and a breakdown of every payment made to this account. It's free to request that, so if you don't want to know every piece of info they hold on you then there is no point doing the Subject Access Request, its just money wasting tbh.

Knowing Moorcroft they will probably try to insist you put your request in writing, but advise them that OFT Debt Collection Guidelines state you can request the details over the phone.

 

It's entirely up to you if you want to do a Subject Access Request but if all you want to know is a breakdown of the balance, then it seems pointless spending money when you dont have to.

 

Hope this helps.

[Cyclechick]

Thanks guys.Is the feeling that theres not really any value in asking for a cca at this point?

[postggj]

Allways Do A Cca Request

 

No Cca

 

You Call The Shots

[clemma]

Requesting a CCA can do no harm

[cerberusalert]

If you send the SAR you will receive back from RBS all the information they hold on you which will include the CCA, Default Notice, Termination of a/c Notice & a statement of your a/c which will enable you to determine what unfair charges have been added which you can reclaim. Also with the CCA, Default Notice & Termination Notice you will discover whether the agreement is enforceable or not.

 

You could also CCA Moorcroft, which will cost £1, to get your agreement back faster + the statement of a/c.

[diddydicky]

dont worry yourself about heading letters regarding you disputing debts- it doesnt really mean a great deal especially at this stage

 

an omission to deny something doesn't imply guilt!

 

not writing that you are in dispute when the contents of the letter clealy suggest otherwise makes no difference to your position

[little miss complaint]

It is always worth doing the CCA request, especially if you need to know the interest rates, charges etc, but as for the Subject Access Request it's up to you, if your only dispute is how the balance accrued to its current status then receiving the default notice and termination of acct notice are irrelevant if you have no dispute with owing a balance or it being collectable, you might as well just spend the £1 and do the CCA. It all depends on what info you want tbh.

 

CCA-ing Moorcroft would take longer to receive your agreement as they have to contact RBS and it is adding another person to the chain, as RBS will then send the agreemet to Moorcroft to send to you, your best option would be to CCA RBS, if you want it quicker.

[postggj]

yes but doing a cca request to moorcroft would mean they would have to put the account on hold until they have the agreement

 

and if the account has been sold to moorcroft, a cca request to rbs would do nothing, a sar would be needed not a cca request

[cerberusalert]

then receiving the default notice and termination of acct notice are irrelevant

Not really, because if the Termination Notice is defective the only claim they would have are the arrears up until the default. Likewise with the Termination Notice, if it was terminated too early. Then of course there's the CCA itself and the myriad of reasons why that could be unenforceable.

[clemma]

I agree with postggj - Morrcroft would have 12+2 days before this would be put in dispute.....RBS would have 40 days via the SAR route. You could do both - but I would just spend the quid for now, and see what turns up with that.

[little miss complaint]

doing a cca request to moorcroft would mean they would have to put the account on hold until they have the agreement

 

RBS would inform Moorcroft of the dispute raised and advise them to put the account on hold anyway.

 

The likelyhood of RBS selling this debt to Moorcroft is incredibly slim and the banks don't generally sell their debts. I'm not saying they never do, but the majority of the time they do not sell them. Check the letters you are receiving, if Moorcroft have not purchased this debt then their letters will say 'collecting the balance on behalf of' or state 'our client', something along those lines. If you speak to Moorcroft they will probably tell you they have bought it, as they did with my balance, but I have a lot of legal training and the letter only said 'collecting on behalf of our client' so they certainly hadn't bought it.

[Cyclechick]

Ive just grabbed the last couple of letters from them and they dont say either of those...they are just headed Re: RBS PLC

Have they been pulling a fast one?

[little miss complaint]

What does the actual letter say cycle? does is refer at any point to a balance they are collecting for rbs? i'm guessing that as it says RE: RBS PLC they haven't bought it as if they had it would probably say RE:Moorcroft - RBS PLC as in my experience thats what the purchased account letters state, though not all the time.

 

If you can copy the wording and post it on here I will try and help with regards to sussing out if they have bought the balance, but from what you have said i doubt it, the banks usually only sell 'bad debt' i.e. none payers, but you have been paying so they wont have wanted to sell this.

 

If you need anymore help just let us know.

[creditcardmug]

It's not statute barred I'm afraid so the Do Not Acknowledge letter is irrelevant, Ithink you should be send of for a sar which will cost you £10, it will detail all your payment etc.Also a CCA agreement request might put your account in dispute as it may be unenforceable.

 

Im sorry but "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT", is exactly the tone you need to take with them.

Also sending a SAR to moorcroft would be a total waste of 10 quid, as they will have little data on you to reveal.

 

The CCA request to moorcroft is a good idea...if you want to do a SAR request send it to rbs.

 

If you need a letter to go to moorcroft, just shout