Cahoot flexiloan and Moorcroft

[cymruambyth]

Just because everyone else has crawled out of the woodwork, this one has appeared!

Moorcroft Pre Court Division have sent a NOTICE OF INTENDED LITIGATION

Lots of ifs and mays follow, with a list of costs if court action follows.

I have looked at the Cahoot threads and the agreement matches all the rest from 2002.

Has anyone had any success?

[PGH7447]

who with moorcrap, they are easily dealt with, send a cca if applicable or a prove it letter if not

[MilkTrayMan]

It is just a bog standard 'Threat-o-gram' cyrmuambyth.

 

The onus is on Moorcroft to prove to U that they have been either assigned the legal right to collect any 'alleged' debt or are acting as collecting agents of the Original Creditor.

 

Providing that U have NOT previously acknowledged any 'alleged' debt to them, they can be dealt with by way of establishing the Unenforceability of any properly executed Credit Agreement that they may or may not have a true copy of, or even exist elsewhere!!!

 

Just be wary that Default data may STILL be processed by a CRA + that an Enforceable Credit Agreement MAY turn up at some time in the future before SoLA has taken effect, even if NOT having an Enforceable Credit Agreement is admitted to by them, any other DCA, or even the Original Creditor.

 

McGuffick v The Royal Bank of Scotland Plc [2009] EWHC 2386 (Comm) (06 October 2009)

 

 

[cymruambyth]

Thank you for your replies. I'm going to have to go through all my paperwork because I think another DCA supplied all the information, which seemed legitimate and then passed it on!

It looks like another CCA request will be on its way unless I can find my original buff and then an account in dispute.

The problems seems to be that no one knows whether the flexi loans are enforceable or not.

[cymruambyth]

I haven't replied yet, so they have upped it:

midaslagalservices

LITIGATION WARNING

Contact Moorcroft as we are reviewing and ..... possible legal action.

Time for the CCA request!

[babybear39]

Personally, I'd go straight for CPR as they're threatening with legal action.

[cymruambyth]

Moorcroft 'have requested relevant documentation ...... all cooection activity ... put on hold'.

'We believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. To this end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account.

Please could you provide this information by return as this will ensure that all possible areas of dispute are identified as quickly as possible thereby minimizing potential costs and delays'

[PGH7447]

standard letter from these fools - send em nowt

[cymruambyth]

I was going to ignore it, they can do their own legal leg work!!!

[babybear39]

Don't ya just lurve moorcr@p

[jimbo45]

Don't ya just lurve moorcr@p

 

How these imbecilies are still in business amazes me -- do they EVER get anybody to pay them anything.

 

Out of all the DCA's they must just have the WORST colection record on the planet

 

Mind you their "Pre Court" (or more affectionally known on these Forums as "Pre School") and "Home Collection" Division don't even consist of a tin shed with two cans connected by a piece of String for use as a telephone.

 

I'm convinced that on the rare cases where they actually phone someone they've gone down to a Public Telephone Box.

 

These idiots are very easy to see off.

 

I wish we all got them instead of others like Crappyquest or Lowell.

 

Cahoot were part of "The Shabby National" group -- now Santander.

 

I doubt whether these old loans from Cahoot have any worthwhile paperwork that would stand up in Court these days and I'm sure in the Santander takeover a lot of paperwork is inevitably going to get lost -- so I'd sit tight and see what's next.

 

It might get passed to Crapbot who are also relatively easy to see off.

 

I had one of these -- I think the original DCA Equidebt admitted they couldn't get hold of the CCA and passed the debt on to moorcroft -- also illegal while a debt is indispute.

 

I sent moorcroft the usual "Go and Make a Sexual Move with a Duck" type of letter --nothing heard again from them.

 

Cheers

jimbo

Edited January 14, 2010 by jimbo45

[cymruambyth]

thanks for your comments, which are hopefully correct:)

The only rider I will add is that Nottsdave is being taken to court by Cabot over one of these and pt thought that the CCA supplied was enforceable:eek:

http://www.consumeractiongroup.co.uk/forum/legal-issues/214790-cabot-court-claim-4.html

[jimbo45]

Hi there

I think there's plenty of Caggers who can help you with the legality or otherwise of the CCA -- I can't help you on that as I'm not a Lawyer.

 

If the CCA is en-enforceable then you are in clover.

 

Get the S.A.R as well -- you can check if hidden "charges" or "collection fees" have been added. There's loads of posts on these forums about fighting unfair charges at the CCJ stage anyway.

 

I really wouldn't worry a TOSS about Experian and Credit References etc -- by the time you've got this sorted out (hopefully successfully) you probably won't even want to LOOK at a credit card again -- much less ever use one.

 

Sometimes when they haven't got anything else a DCA will threaten you with "Your Credit record will be impaired" etc hoping you'll pay up when you don't need to.

 

I often wonder if Honest and DCA can even be said in the same breath.

 

Why is this byusiness so full of LIES, THREATS, EXTORTION etc. - No wonder people are learning to do everything they can against these ****.

 

Cheers

jimbo

[loopinlouie]

They told me that abbey dont have to send a letter stating moorcr@p can contact me on my account. That I have to refer to the original agreement, so I asked them to tell me which section and she went quiet.

[loopinlouie]

ps.. Have you noticed when type moor crap the standard way it corrects the spelling, hee hee.

[babybear39]

There's a swear filter on here

[mann01]

interested thread..

 

I have got a cahoot flexi loan which i am sick of. initially the intrest rate was about 6% now about 30%. I have not paid them anything for last 2 years. they are still holding on to it. I offered to do full and final for around 25% they were not intrested.

 

not sure what to do

[jimbo45]

ps.. Have you noticed when type moor crap the standard way it corrects the spelling, hee hee.

 

hi there

do it this way

moor@crap

 

 

BTW you could suggest to them what they WOULD take if 25% is unacceptable.

 

They turn might round and say 75%

 

you can suggest a bit less.

 

Be pepared for a game of Letter Tennis if you go down this route -- incidentally a sweetener might be the following:

 

explain that if they take something in settlement you can clear the debt off quicker otherwise it will take YEARS as even if they have a case to go to court the court will only order you to pay what it thinks you can and that will be a lot less than the DCA wants.

 

They often use COURT action to threaten people -- but actually if you have to going to court isn't too horrific.

 

If you've already offered something that will act in your favour in any court case.

 

Of course if there is invalid paperwork etc then you don't have to pay anything -- you need to follow the legal threads to go down that process.

 

Cheers

 

jimbo

Edited January 14, 2010 by jimbo45

[cymruambyth]

Oh well 2 letters!

Santander have said that they had sent a letter transferring the management of loan to themselves and that there will be monthly statements.

Moorcroft cannot comply with CCA request as they are no longer dealing with and have sent a cheque for £1. Took them 5 months!

[cymruambyth]

It has now become Debt Managers Limited!

URGENT FINAL DEMAND (and the first from them)

Your overdue account has been referred to DML from Santander for immediate collection.

SETTLEMENT is required now

COURT ACTION may be taken unless you make contact with this office

COURT COSTS may be added to your debt

FAILURE TO RESPOND to this demand may affect your ability to obtain CREDIT

[babybear39]

OMG! You must be bricking it Cymru

[cymruambyth]

Oh yes:eek: though I must admit to not having read much about DML.

[babybear39]

Moorcr@p are near the bottom of the food chain so DML, by default, must be worse...Say no more

[mrdebts]

If Moorcroft of all DCA's have washed their hands of it then you can now relax.

[cymruambyth]

Moorcroft had said that they were no longer dealing witrh this accont and returned a £1 cheque 5 months after the request had been made.

As they had said no longer dealing and santander said that they were now administering this account, is this letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute appropriate or shall I just start from the beginning with a CCA request?

Thank you