moorcroft

[brecken]

Morning everyone,

I have been looking for a letter to send to Moorcroft Debt Recovery, asking them for a copy of the original agreement ( littlewoods ) I have wrote and asked in the past, but just get fobbed of, I know there is a procedure to following legaly ( letter ) but I cant find it.

Can any one help.

Brecken X

[ozzywizard]

Is it this one you meen, hope this helps. I took it from the debts cat.

 

 

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

[Rooster-UK]

You are being too nice to them.

 

Try this version, lifted from another thread.

 

 

Dear Sir or Madam: XXXX XXXX XXXX XXXX

 

Consumer Credit Act 1974 s78 (1) Demand

 

1. I require you to supply me with a true copy of the credit agreement under which this account is conducted. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1) for running – account credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheque (xxxxxx) in payment of the statutory fee.

 

3. You are notified that you are obliged to supply these documents, under S189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law

 

 

Yours faithfully

 

 

Originally Posted by tamadus

Again this is modified from a letter found on another thread, please adapt it to suit your own individual cases. Basically they have 12 working days from receipt to supply a copy of the signed credit agreement, after that they go into default and have a total of 30 calender days to provide it after which they are commiting a criminal act and the debt becomes unenforceable in law, so this is a very serious situation for them.

 

 

Good luck.

[ozzywizard]

Yeah sounds a lot better Rooster, although I like the 12 day demand in the top letter, so there is no missunderstanding. But in your letter that is probably covered in the "under S189 of the Consumer Credit Act 1974". part so why make it easy for them.

[KAB]

Oh glad I looked at this. I to am in talks with moorcroft to do with littlewoods; so shall post this letter off to them today.

[brecken]

let me how you come on kab, and I will keep you posted, got a copy of letter now, so will post it today.

Thanks everyone.

[KAB]

No Bother. Good luck Brecken !

[Rooster-UK]

Yeah sounds a lot better Rooster, although I like the 12 day demand in the top letter, so there is no missunderstanding. But in your letter that is probably covered in the "under S189 of the Consumer Credit Act 1974". part so why make it easy for them.

 

Exactly. It is not your place to tell a professional company about the laws and regulations that they are bound by. After all..... if they get it wrong, it will probably be to your advantage. :D

[mickey_0]

Hi Kab and brecken, just to let you know what to expect from these no hopers - I sent my CCA request with £1 P.O to Debt Managers Ltd. re my littlewoods account, as they were the last ones to contact me. I got a nice letter back from Moorcroft thanking me for the payment against the debt and advising me that if i don't contact them immediately with an offer of repayment i may leave them with no alternative but to instruct their solicitors to commence legal proceedings against me!! Oh and could I please make all future payments to Moorcroft. Well I thought about writing to them and advising them exactly what the £1 was for and then thought better of it as their 12 days were up on 24th so they are now the ones in default!!

[brecken]

I phoned Moorcroft yesterday. ask if they owned the debt, or were acting as agents for littlewoods, I was told they dont buy debt's ond were only acting as agents, The lady I spoke to asked if I would like to make a payment and when I send no cos the acount was in dispute, she said well what you gonna do, I told her to expect a letter regarding the account, I asked who should I send the letter to, moorcroft or littlewoods, she said moorcroft, I also phoned littlewoods and they have no record of the account, now correct me if Im wrong, but if they still owned the debt then surley they would still have the records to prove it.

Anyway Im sending my CCA to moorcroft, lets see what happens.

[tamadus]

Hi Kab and brecken, just to let you know what to expect from these no hopers - I sent my CCA request with £1 P.O to Debt Managers Ltd. re my littlewoods account, as they were the last ones to contact me. I got a nice letter back from Moorcroft thanking me for the payment against the debt and advising me that if i don't contact them immediately with an offer of repayment i may leave them with no alternative but to instruct their solicitors to commence legal proceedings against me!! Oh and could I please make all future payments to Moorcroft. Well I thought about writing to them and advising them exactly what the £1 was for and then thought better of it as their 12 days were up on 24th so they are now the ones in default!!

 

Mickey after 30 calender days from receipt they move from a default situation into commiting a criminal offence. the debt becomes unenforceable at law and is a total defence in any action they might bring against you. In reality this means that without that piece of paper they have no choice but to write the entire debt off. In some cases people have received refunds of monies paid towards the debt so it will be worth waiting a bit longer and then approaching them fro a refund.

[mickey_0]

Thanks for the info tamadus, the calender month after the 12 days is exactly what i'm waiting for! 24th September, D Day potentially! Not even gonna try to recover any monies paid because it just seems wrong to me, soft ain't I??

[tamadus]

nope doing the same myself lol

sent 2 CCA requests for credit card accounts over 25 years old, I doubt very much they can produce the document now, especially a legible one as the ink will have faded at the very least. They have probably stored them on microfiche but that needs refreshing regularly. One in fact has just sent me another complete set of statements about 6 days after they got the CCA request so go figure it out lol. They both move to default on Thursday this week.

[tamadus]

Thanks for the info tamadus, the calender month after the 12 days is exactly what i'm waiting for! 24th September, D Day potentially! Not even gonna try to recover any monies paid because it just seems wrong to me, soft ain't I??

 

I understood the 30 days included the initial 12 days ? I'll have to double check that

[brecken]

I beleive it to be 42 days in total, but will need to check this also.

[saxon]

Hello, it's 12 working days and then 1 calendar month

[stadium_arcadium]

This may seem like a really daft question, but do you have to sign these letters? I just worry that they might pinch my signature off my letter and somehow draft it onto the credit agreement.

[tamadus]

I am afraid its invalid without a signature, but somehow I doubt they will stoop to forgery as that will very quickly result in the Police being called in to investigate and somebody ending up in court on criminal charges. I doubt any bank or credit company want to be tarred with that brush in the media.

[KAB]

If you feel uncomfortable in signing it could you not just initial it? just a suggestion

[tamadus]

The thought also crossed my mind that a signature could be moved onto a new agreement, but in reality it would be very easy to prove that its a forgery. The accounts I have sent CCA letters on are both from way back in the 70's so my signature has changed dramatically since then. I can produce documents with my signature from then to show what it was like. Any agreement they produce would obviously have my signature as it is today. Besides which I would automatically assume its a forgery and notify the Police very quickly.

 

Imagine the headlines 'Credit company exec arrested for forgery' I'm not convinced any of them would go to those extremes as it would bring every transaction they ever made into disrepute.:grin:

[mickey_0]

Hi guys, it's definately 12 working days then one calender month which I think someone worked out to be up to 49 days. Someone checked with CAB or TS can't remember which, but I think it may have been stonelaughter who checked it? As far as I've seen on here these companies are just ignoring the requests if they don't have the info and then what you do from there is your own personal choice. Personally I am looking to get the accounts closed officially and defaults removed from my credit reference files, (hopefully) but that's another war for another day!! Tell you something though, it makes a nice change for them all to be being so quiet though!!! usually get phone calls and letters non stop!!! Just enjoying the peace while it lasts!!

[karens25]

hi..

i sent moorcroft a letter i found on another thread.. (cant locate it now!) basically it was a cca request but had sar at the top.. although the wording in the letter clearly states that im requesting a true copy of the origial signed agreement.. these cowboys have done with me as they did with mickey i.e credited the £1.00 to my account and threatened me with legal proceedings if i do not contact them (within 48 hrs!) to set up a future payment plan?! does my letter still stand even though it was headed subject to access request?

thanks karen

[lisamellor]

hi sorry to hijack this thread but im going down the same road on behalf of my mum. here is what im going to be doing.

 

day 1. send letter to place my account is dispute and also send letter to request my mums original contract, i will be informing them that they have 12 days to provide this, (then after the 12 days have ended, they will have a further 30 calender days, and then they will have to clear my mums account) i will be enclosing the £1.00 fee.

these 2 letters i will be sending to littlewoods catalogue.

 

day 2. i will be sending letter to moorcroft informing them that the account is in dispute. and they should have no contact by phone or mail, or else they will committing a criminal act.

 

if they do provide me with my mums original contract (though i doubt it as she didnt sign one) then i will be sending in a income/expenditure budget, where she will only have £1.00 per month left over, and they can take that, and it will be paid for about 25 years, and i will be wanting them to freeze the interest.

and then i will be writing and asking them to wipe the debt off because she can not afford to pay it.

 

best of luck to you all.

 

lisaxx

[brecken]

Have sent cca letter, 12 days have elapsed, do I now just sit back and wait for a further 30 days, then what ?

[tamadus]

Basically, yes... sit back and wait, they are now in default and in another 30 days commit a criminal offence.

 

I sent a CCA request to Barclaycard and they just responded 12 days before they commit a criminal offence. The problem now is that they have sent me a copy of the application form. So does this constitute a credit agreement or not? It's clearly titled 'Barclaycard Application' and nowhere does it state that it is a credit agreement. Anybody know where I can find something to confirm the status of this paperwork as regards it being a credit agreement? Just to save me searching the internet for more info:)