moorcroft

[e28bigalbexley]

What does the following term mean as used in the CCA letter?

 

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

 

The creditor 'ie Barclays,lloyds,gemoney ect.' cannot apply any interest or ask for any payments until the executed copy of the agreement is provided. If, after a further 30/31 days, they still fail to supply the agreement they commit an offence, then the only way enforcement of the agreement can take place is through a court, (this will probably result in some stress on your behalf because it would seem that this course of action takes some time and is liable to end up with your details being sent to CRA's and Dca's before it gets too court) but the company would have to show the judge the original copy of the agreement that they failed to send to you therefore admiting their guilt:D

 

AL;)

[tifo]

Thanks for the reply.

 

I get it now. I was thinking of *my* default i have with the bank, not the default they commit by not sending the correct documents.

 

I have no problems with going to court, been there many times through the debt agencies. I only ever offer and pay a minimal amount.

 

Thanks.

[JonCris]

tifo if they do not supply a true copy within the specified time period they have in fact commited a criminal act........Let them explain that to the judge.

 

Also report them to both Trading Standards & the OFT

[scouser9]

Thanks for that Bill-K,

 

I will wait for the deadline to come then wait again for the 30 days to expire. Then I can issue a non enforcable letter with a request for all my payments to be paid back. Is this right?

 

Mikey

[bill-k]

Mikey, if they don't send you anything, then it may be a good idea to remind them a couple of times before the 42 days is up. If they do send you anything, then what you eventually do depends on what they send you.

[scouser9]

Thanks Bill-K,

 

I will keep the forum and you updated

Thanks

Mikey

[e28bigalbexley]

If they dont send the executed copy within the time scale they will probably ignore everything else you send , apart for payments that is.

Amazing at the way they snub their noses at the law.

Ive got BOS and Capital 1 who have totally ignored CCA requests and follow up letters and yet (and i know people will say well if they ignore the law) according to the Banking Association thay are supposed to reply to any correspondance within 5 working days.

So i will go via OFT and Banking Ombudsman Trading Standards and British Banking Ass route. not that it will do any good youve only got to read Angry Cat's thread about the Ombudsmen Service.

Anyway happy New Year

AL:wink:

[JonCris]

Suggest reminding them after 12 days that they ARE in default with all the consequences that invloves (unable to enforce etc:) Then as they near the additional 30 days (2 days before perhaps) & still dont comply within the next 2 days they are not only in default but that they have will have commited a criminal offence.

 

The court would see that as you being reasonable & giving them plenty of warning of what the consequences of their non-compliance will be

[scouser9]

Hi again Guys and Gals,

 

Just to keep you updated with my Moorcroft Bruiser once again

 

The Deadline of 14 working days is up tomorrow and I still have not heard from them.

Do I inform them now that they are in the wrong or do I now wait for the 30 days to expire as well.

And once that as expired what do I do Then.

Can I claim my money back off them that they have taken off me

 

Thanks

 

Mikey

 

Keep claiming the right

 

And thanks again

 

Mikey

 

S.A.R. Handed In to Halifax 13/11/06:wink:

S.A.R. Handed In To Abbey 17/11/06:wink:

Request for Payment Sent to Halifax 29/11/06:wink:

50% Of claim offered by The Halifax 09/12/2006:-|

LBA letter sent 11/12/2006:wink:

Refusal in part of Payment sent 12/12/2006

Reply from Abbey as above Recieved 12/12/2006

S.A.R. request sent to Moorcroft via Recorded 13/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Recieved Data From Abbey 28/12/2006

Money Recieved From Halifax today 02/01/2007

Survey Submitted and Donation Made 02/01/2007

[stan5131]

No. Dont contact them. Just let them hang themselves.

[scouser9]

Thanks Stansfield,

 

Can you answer wether I can claim my money back when they have defaulted as it stands I must have paid at least £800 to the bouncer at the door before I found this site,

 

Thanks

Mikey

[e28bigalbexley]

Hi Scoucer

I wrote too, two companys i am asking for CCA agreements once the 12 working day limit had passed stating their position at the time, they still have not responded, and the additional 31 days are up:D . I have today written to them tell them they are committing an offence and (very kindly) given them 7 more days to supply before i report them to Trading Standards and the OFT and anbody else if anyone has any ideas.

I just think its resonable to remind them and as joncris said in the post above if it did go to court a judge would see you have given them every chance available to produce the agreement.

 

AL;)

[e28bigalbexley]

And have a look at this

http://www.consumeractiongroup.co.uk/forum/post-464414.html

 

Posted today

 

:D

[scouser9]

Thanks for that e28bigalbexley,

 

Can you tell me what to put in my second letter as I cannot find anything to put and I am not to bright in writing letters.

 

Thanks and the best of the new year greetings to you

 

Mikey

[e28bigalbexley]

Hiya

Mention your original letter then outline their postion as it is now.

I just basically told them where they stand at the moment,'agreement unenforceable, and they are in default. If they fail to supply after a further month then they have commited a criminal offence. Also you should put in about you will complain to Trading Standards and Oft about their conduct in the matter and their suitability for holding Credit trading licence.

 

AL:)

[scouser9]

Thanks for that e28bigalbexley I wil get on with that now

 

Thanks again

Mikey

 

S.A.R. Handed In to Halifax 13/11/06:wink:

S.A.R. Handed In To Abbey 17/11/06:wink:

Request for Payment Sent to Halifax 29/11/06:wink:

50% Of claim offered by The Halifax 09/12/2006:-|

LBA letter sent 11/12/2006:wink:

Refusal in part of Payment sent 12/12/2006

Reply from Abbey as above Recieved 12/12/2006

S.A.R. request sent to Moorcroft via Recorded 13/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Recieved Data From Abbey 28/12/2006

Money Recieved From Halifax today 02/01/2007

Survey Submitted and Donation Made 02/01/2007

[dexyblue]

Hi, I'm having trouble with Moorcroft too, can I send them the above letter asking for a true copy of my credit agreement, when they have already took a CCJ out on me and I signed any court papers through fear admitting the debt? Only just found out about CAG by typing in Moorcroft in search engine. Hope someone can help me soon

[e28bigalbexley]

Dexy its probably best to start a thread in the Debt and baliffs forum or in the forum for the bank or institution that defaulted you.

Yes it is a good idea to ask for a CCA and also a DPA SAR to find out what data they hold on you.

But really we need the story outlined before we can point you in the right direction. So take a bit of time and start a thread as mentioned before, and post a link to it here then we can subscribe to it.

If your stuck after that PM me and i'll see if i can help.

 

AL:)

[scouser9]

Hello again Guys and Gals,

 

I have sent Moorcroft a letter stating that they are in default and where I stand on the account held by them. I will have to wait now until the 16th of Febuary now before the 2nd deadline before they are committing a crime.

Where do i go then, if they sell the debt on again do i have to go through all this again with the next company.

Or if they do not reply to my letters what is the next step against them.

And is there any way that I can claim money back that i was forced to pay to the Moorcroft bruiser at the door

 

Thanks

Mikey

 

S.A.R. Handed In to Halifax 13/11/06:wink:

S.A.R. Handed In To Abbey 17/11/06:wink:

Request for Payment Sent to Halifax 29/11/06:wink:

50% Of claim offered by The Halifax 09/12/2006:-|

LBA letter sent 11/12/2006:wink:

Refusal in part of Payment sent 12/12/2006

Reply from Abbey as above Recieved 12/12/2006

S.A.R. request sent to Moorcroft via Recorded 13/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Recieved Data From Abbey 28/12/2006

Money Recieved From Halifax today 02/01/2007

Survey Submitted and Donation Made 02/01/2007

__________________

Keep claiming the right

 

And thanks again

 

Mikey

[The Lantana]

I'm curious to know if this was resolved Mikey. Are you off the hook?

 

Regards

 

Lantana

[PriorityOne]

Moorcroft are also one of mine and the 42 days are up for them on Monday. I cancelled my Standing Order with them shortly after the 12 day default and have heard absolutely nothing !! I have not reminded them of their responsibilities because I have always believed that they should have been aware of them in the first place, before demanding payments from me.

 

By my calculations, they have had approx. £1,180 over the past 4 years and I will be making a claim for this money in due course.

 

Wish me luck...

[scouser9]

Hi Guys and Gals,

 

Just to keep you informed as to the bully boy Moorcrafty, Their time is up on Monday thats the complete 12+30+ 4 days waiting for post to be delivered. And still I have not recieved any thing from them except what I have already stated.

 

I am sorry that I have been in touch but me and the whole family are down and bed ridden at the moment with influenza or something like that. We are really having a bad time coping with everything as yet.

 

But do not worry I have sent other requests to ther companies like Capquest,Cabot,and new kid on the block Lowell.

 

I will opening fresh threads for each of these and keeping you all up to date as soon as I can get out of bed without falling over. I am following all CAG guidelines as they work perfectly not just once but as you all see, time and time again.

 

I have asked previously about Moorcroft, as they do not seem to have come up with anything as yet, is there any way that I can claim my money back that they bullied from me in first place, nobody as come back with an answer as yet, and where do I go from here if they have not responded to the way that they should have done please help with this.

 

Any guys and gals must go now as someone in the family ward needs help.

 

Keep on claiming the right and good luck with your claims

 

Mikey

[PriorityOne]

Hiya Scouser,

 

I think that you can adapt the prelim. letter to re-claim all you have paid. I have drafted up a letter of my own to send to Moorcroft... they owe me around £1,100.... but I am expecting a battle to get it back. I assume the usual procedures apply as if you were re-claiming bank charges... but as I have not taken these steps yet, I cannot advise on it properly.

 

looking at your sig., you seem to have some idea how it goes already...

 

[scouser9]

Hi Prioityone,

 

Thanks for the reply is there any chance you can post me your amended letter as I am not much good at letter writing, my signature has grown because of all the help I have recieved from this site and the fantastic people on here

 

Thanks

Mikey

[e28bigalbexley]

Hi Mikey

You stick with it and you will succeed in the end. Its a long road but you reach the end soon.

All the best

AL;)