moorcroft debt recovery

[cerberusalert]

I'll re-upload your DN for you because the thumbnails are too small & it will give the others a chance to see it.

 

 

 

.

[catwoman150]

ok thanks, but I still dont really understand how it all works though.

[cerberusalert]

Have a read through http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html it might explain things.

[catwoman150]

It has cleared it up a bit by reading that thread.

[catwoman150]

Another quick question. I am due to pay my creditors on the 1st of the Month, but who do I pay with this debt. Do I still pay citicard or do I pay Moorcroft? I still havent got my CCA yet from them

[cerberusalert]

I'd withold payment, they said in post #15 that they would withold collection activities, but since you haven't received the CCA you might as well send Moorcroft this instead; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[catwoman150]

Right I am very confused now. I havent sent off the above letter yet to Moorcroft. I got another letter from Moorcroft saying that they have been in contact with Citicards and citicards have not received a request for a CCA from myself (I know that as I haven't send citicards a request for a CCA) Now Moorcroft want me to send a CCA request to citicards.

 

I thought that because Moorcroft have the account now that I should send them the CCA request not citicards. What would be my next step. Do I send a CCA request to Citicards?

Moorcroft have put my account on hold again. Moorcroft have also asked me to phone them to dicuss my payment plan with them.

[postggj]

now ime confused

 

a cca goes to the creditor,

in your case moorcroft

 

moorcroft are talking rollocks

 

if you have allready sent a cca request to moorcroft, they are now in default and you need to do nothing

 

i take it the cca request to moorcroft was sent recorded

if so

no worries

[catwoman150]

now ime confused

 

a cca goes to the creditor,

in your case moorcroft

 

moorcroft are talking rollocks

 

if you have allready sent a cca request to moorcroft, they are now in default and you need to do nothing

 

i take it the cca request to moorcroft was sent recorded

if so

no worries

 

Yeah the CCA request I sent to Moorcroft was recorded

[catwoman150]

So moorcroft are passing the buck then, should I send them the above letter in post 31 to moorcroft.

[cerberusalert]

Yes send morecrap the letter.

[catwoman150]

sent off letter now

Edited August 11, 2009 by catwoman150

[catwoman150]

I have had two letters this morning from moorcroft. One says to contact citicards to get my CCA, which inculdes my £1 back and another says that If I do not contact them they have given me what I could be paying back if it goes to courtand it has a date on it that I have to contact them by, with the words NOTICE OF INTENDED LETIGATION on it. What my next step then???

[catwoman150]

Also they have asked me to phone them. Shall I ? if so what do I say.

 

Also they are not reading my letters that I sent them. Is there another letter that I can send them?

Edited August 11, 2009 by catwoman150

[cerberusalert]

Do not 'phone Moorcroft.

 

Make a complaint to your local trading standards via Consumer Direct Consumer Direct - Contact us & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

Moorcroft are required under CCA 1974 to produce the CCA;

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Send this to Moorcroft;

 

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

[catwoman150]

Do not 'phone Moorcroft.

 

Make a complaint to your local trading standards via Consumer Direct Consumer Direct - Contact us & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

Moorcroft are required under CCA 1974 to produce the CCA;

 

 

Send this to Moorcroft;

 

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

 

 

 

Is this not the letter that I sent them on the 4th of August as the second letter? They have got the second letter as they have signed for it. Do I send it to them again then?

[cerberusalert]

No, just complain to TS & the OFT and emphasise that Moorcroft are refusing to comply with your CCA request.

[catwoman150]

Im not very good at filling in forms. What kind of things do I put on it. Also what happens with Moorcroft now, will they back down or will I get more threats, as it is doing my head in now as it has been going on for a while now. Also will the debt go back to Citi?

 

Thanks for all your help so far.

[cerberusalert]

Just state on the form that you made a legal request under CCA 1974 to Moorcroft for a copy of your consumer credit agreement and they have refused to provide it even though they were reminded that they are obligated under, s.175 of the CCA 1974 that if they are not the creditor it's a case of a simple assignment, in the case of an absolute assignment, they are the creditor as defined by s.189. and if they contended that they purchased the rights but not the duties of any agreement, they were reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

[tiokim]

I also had an account with Citi, they never found my CCA to date.(2years) Moorcroft is just hot air, They are just an agency collecting for Citi, don't pay more than what you can afford, stick to your budget sheet. Never talk on the phone with DCA's, Moorcroft will just pass your case back to Citi if they can't make you pay more.

[catwoman150]

I also had an account with Citi, they never found my CCA to date.(2years) Moorcroft is just hot air, They are just an agency collecting for Citi, don't pay more than what you can afford, stick to your budget sheet. Never talk on the phone with DCA's, Moorcroft will just pass your case back to Citi if they can't make you pay more.

 

 

Who was it that could not find your CCA? citi or moorcroft. I sent the request to Moorcroft and they have said to contact Citi, but moorcroft want some money off me not citi. I have not phoned them yet and I dont think that I will phone them. I would like to know if you had your account with moorcroft and asked them for the CCA or was it in the hands of citi when you asked for the CCA.

 

I have not paid citi or moorcroft this month as moorcroft have not supplied their bank details.

[tiokim]

I asked Citi. Moorcrooft most likelly have no documents of your account at all, they are just hired doing the collection job for Citi, you don't have an account with Moorcroft, just account number for their collection sistem, your real account still with citi. Send your request to Citi with the £1 is very likelly you will never hear back from them, uless unfortunately they can locate yours. How old is your account with Citi?

[catwoman150]

I asked Citi. Moorcrooft most likelly have no documents of your account at all, they are just hired doing the collection job for Citi, you don't have an account with Moorcroft, just account number for their collection sistem, your real account still with citi. Send your request to Citi with the £1 is very likelly you will never hear back from them, uless unfortunately they can locate yours. How old is your account with Citi?

 

I cant remember when I took the citi card out. I think it was about 1999 ish. So are you still paying citi at the moment , or do you or did you pay anything to moorcroft?

[tiokim]

Never payed Moorcroft. They just passed the debt to another DCA, just kept paying Citi £1 every month. 1999 the same year as mine. I think you shuld just ask citi for your agreement again and wait to see what will happen if anything. Next DCA that contact you just tell them CCA request has not been sent yet etc. With a defective DN(don't tell them about DN,only if they start court procedings) and no contract you have a good bargain argument with Citi.

[catwoman150]

Citi have terminated my agreement with them. I thought because moorcroft were asking me for money then I sent moorcroft the cca request as they have my account now with them instead of citicards. I am getting very confused now of where I should of sent the CCA request.