Going round in circles - Citi/Moorcroft, please help!!

[Chickenlegs]

Hi again Caggers, need some urgent advice re a Citicards debt please.

 

This debt is the largest we have - so I CCA'd Citicards last March, April and May with no response from any of the requests. So I sent the usual Account in Dispute letter. Heard nothing until October when I had a letter from Moorcroft Debt Recovery Limited. So I CCA'd them - they sent back my £1 and told me to request the CCA from Citicards and gave me the address to send the request to. So I sent yet another CCA request to Citi - no response yet!!! Yesterday, I received a Notice of Intended Litigation letter from Moorcroft giving me until Monday 23rd to "prevent the above action".

 

Where do I go from here folks?? I'm going round in circles at the moment, sending out £1 postal orders and getting nowhere.

 

Should I reply to Moorcroft?? Please help me.

 

kind regards

Chickenlegs

[silverfox1961]

Hi,

Citi should never have sold the debt as it was in dispute.

 

Moorcroft should have passed your reequest on to Citi. In this CCA request is a paragraph in red which applies to this case. If you draft a letter to moorcroft and include the paragraph they will know where you stand:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Let them know the account is in dispute with them as well as Citi and report them both to Trading Standards and the OFT.

 

As for the "intended litigation", while nothing is certain, I wouldn't hold my breath on them actually getting "legal" and besides, no agreement is a defence in itself.

 

 

Don't bother sending any more CCA requests. 5 is more than enough.

 

Just how old is the Citi account?

[Chickenlegs]

Hi Silverfox, the letter you suggest is actually the one I have sent to Moorcroft - I don't think they bother to read it properly before sending out an answer!! I'll send it off to them again though as you suggest.

 

The Citi card is really old - must be early 1990s. I think it was originally a Peoplesbank card and then changed hands a couple of times after that. This particular debt bothers me because it has the largest amount of debt on it and is being made worse each month by interest being added.

 

I'm losing sleep over this one, it frightens me!!

rgds

Chickenlegs

[silverfox1961]

Don't lose sleep over this and don't bother sending them any more letters. They won't be able to supply any agreement.

 

Citi had a mass purge of old paperwork in 2005/6. They can't provide me with my Associates agreement from 2000 so yours will be long gone.

 

If you want to send Moorcroft a last letter, state that this is your final reponse and no more letters will be answered unles they supply the proof they have the right to be collecting on this debt, I.E. the agreement

 

If they tried to get legal, you would easily defend this. Highly unlikely they will and I bet you will get a letter saying this debt has been passed on again.

If that happens, send the "bemused letter".

 

Moorcroft are a bunch of toothless wonders and have as much power over you as I do-NONE

 

fox

[citizenB]

 

I'm losing sleep over this one, it frightens me!!

rgds

Chickenlegs

 

Sadly, this is the intention of these companies to frighten people.

 

You might find the letter in the following link will help. It is not the same letter silverfox posted up for you:)

 

The Consumer Forums-

 

 

Moorcroft should know that they are unable to proceed to litigation without a copy of the agreement. Have you received any other correspondence for instance, Default Notice, Termination Notice ?

 

If you have and are able to scan them in,minus personal details then we will be able to advise.

 

Suggest you get the letter in the link above off as soon as you can. Send it recorded delivery and attach the receipt to your copy of the letter.

 

Any letters you receive, keep the envelopes they come in. Attach to the letter. These may well come in useful as well.

[silverfox1961]

Sadly, this is the intention of these companies to frighten people.

 

You might find the letter in the following link will help.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

 

Blimey, I'm slipping. I knew of that letter and didn't think about it. Glad you're around Citizen B

[Chickenlegs]

CitizenB and Silverfox, Many thanks to you both. I'll get that letter off to Moorcroft on Monday by Recorded Delivery. Are Moorcroft actually a firm of solicitors then, or just a dca pretending to be solicitors?

rgds

Chickenlegs

[citizenB]

CitizenB and Silverfox, Many thanks to you both. I'll get that letter off to Moorcroft on Monday by Recorded Delivery. Are Moorcroft actually a firm of solicitors then, or just a dca pretending to be solicitors?

rgds

Chickenlegs

 

Moorcrodt are a Debt Collection Agency. They are not solicitors. However, they have some posh sounding departments.. Pre Litigation being one of them:rolleyes:

[cerberusalert]

It is a criminal offence under s.21 of the Solicitors Act 1974 to impersonate a solicitor.

[Chickenlegs]

Have written the letter now and its ready for sending tomorrow morning - Have been going through the file today looking at all the correspondence I have had from Citi and Moorcroft and nowhere can I find either a Default Notice or Termination Notice! Should I have been sent these before Citi passed on the debt to a dca? :?:

 

Chickenlegs

[silverfox1961]

Yes you should have been sent both letters and Citi will say they were sent

 

I can only say what is happening with me and Citi and I'll assume you will go through the same.

I didn't get a DN or TN and also never received a notice of assignment when the debt was sold. I SAR'd Citi and all they sent me was statements and copies of recent letters I sent them. They also stated that all system info has been purged from their systems, so they cannot prove that a DN or TN was sent.

 

I bet this is what will happen with you. They will state such and such a date but not be able to back it up.

 

On to Notices of Assignment. When a debt is sold, you should have got a letter from Citi but they allow the DCA's to send one on their behalf (unlawfully in my view) If you didn't get one of those then it has been unlawfully assigned.

[Chickenlegs]

Yes you should have been sent both letters and Citi will say they were sent

 

I can only say what is happening with me and Citi and I'll assume you will go through the same.

I didn't get a DN or TN and also never received a notice of assignment when the debt was sold. I SAR'd Citi and all they sent me was statements and copies of recent letters I sent them. They also stated that all system info has been purged from their systems, so they cannot prove that a DN or TN was sent.

 

I bet this is what will happen with you. They will state such and such a date but not be able to back it up.

 

On to Notices of Assignment. When a debt is sold, you should have got a letter from Citi but they allow the DCA's to send one on their behalf (unlawfully in my view) If you didn't get one of those then it has been unlawfully assigned.

 

 

Hi Silverfox, sorry for the delay in replying. Got my letter off yesterday to Moorcroft.

 

I expect you're right, I won't get anything from Citi or Moorcroft. I didn't receive a Notice of Assignment either. I'm getting zilch from these people and its difficult to argue with someone when you don't get an answer isn't it.

 

rgds

Chickenlegs

Edited November 24, 2009 by Chickenlegs
to put answer in italics