DCA quoting McGuffick v RBS Judgement -where do I stand now

[BRIGADIER2JCS]

Perhaps the ''Iron Bridge'' collapsed:madgrin:

[lgray]

That's the letter in from Moorcroft threatening "possible litigation" unless paid in full by 17th, this has obviously crossed the letter I sent Monday asking for a copy of the agreement. I shall wait for the reply to my letter.

[lgray]

Copy of RBS letter attached

 

Dear Sir/ Madam

 

We refer to you correspondence dated 9 December (2008), and apologise for the delay in our response.

 

We regret to advise that the loan agreement has been misfiled and despite searching our records we have been unable to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires.

 

In the circumstances we apprecite that under s.77((4) of the CCA if Mr G decides not to meet his obligations under the loan as they fall due we will be unable to take steps to enforce repayment of the loan. However we consider that hi should continue to meet his obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and his continuing default will be reported to the Credit Reference Agencies. S.77(4) only prevents us from pursuing recovery of the debt through the courts.

 

Should further assistance be required, please do not hesitate to contact us at the above office.

 

Yours faithfully

 

 

That is the letter I received including the typo from RBS. Copied this to Moorcroft who are now threatening possible legal action.

 

 

Edited October 13, 2011 by lgray
poor jpg

[BRIGADIER2JCS]

Moorcroft will have difficulty understanding this

because for once what has been said by RBS is

simple and correct.

Wait and see what they come up with.

[lgray]

Indeed Brig,

 

Looks like RBS have taken a punt on asking Moorcroft to recover, it's over two years since they sent that letter during which time I heard nothing from them. But the account is clearly in dispute if nothing else so Moorcroft shouldn't be pursuing it anyway.

[BRIGADIER2JCS]

If the creditor considers that there

is no chance of rectifying the state

of an account (final response)

then they are at liberty to sell or

assign the debt to a third party.

Much has changed due to case

law and different interpretations

being put upon regulation and

legislation English Civil Law is

constantly evolving, the basis

of all the law here is what is reasonable,

and the balance of probabilities are

firmly back in action.

It can of course work both ways,

benefiting the creditor or the debtor

Edited October 13, 2011 by BRIGADIER2JCS

[lgray]

The Waksman ruling of a coiuple of years ago changed the whole game re True Copy, a somewhat disingenious ruling that allowed companies to reconstitute agreemnets even if they could not provide an original copy, however this looks like they have lost the lot and couldn't even knock up an approxmation of the original agreement. We shall soon find out. Thank you for your input. Also any case would be heard in Scotland.

[lgray]

Update to this thread. I wrote to Moorcroft asking for a copy of the agreement. They replied asking for the £1 fee. I had already done this 3 years ago and a copy of the letter from RBS had been sent to Moorcroft 4 weeks earlier which they haven't read or lost. I wrote back to them indicating that I had already paid the fee and requested a copy. Subsequently a letter from Moorcroft has arrived with a schedule of payments for £120 per month followed by a phone call this afternoon which left a message to call them. That is not going to happen

[BRIGADIER2JCS]

They are unbelieveable!!!!!!!!!!!

[lgray]

As another note. I requested a copy of the Loan Agreement on the 9Dec 2008 it took RBS till the 6th of February 2009 (56 days allowing for post) to reply with a letter to say the loan agreement had been misfiled and they cant find it.