moorcroft

[saxon]

Hello, you say you have sent a SAR, I sent a CCA request to Moorcroft and have had 2 phonecalls and 1 visit, and on all occasions have stated that they have committed a criminal offence as nothing was sent in the prescribe timeframe, They did send the agreement but too late. I also wanted to know if they were agents or owners still not heard anything.

 

So I would advise, send off a CCA request, wait the 12 days after reciept, then you can legally stop paying them anything.Then the 1 calendar month then you can throw the criminal offence at them.

 

Hope this helps.

[scouser9]

Hi Saxon,

 

Just to update my last post, this bruiser from Moorcroft as been back today and said to my wife ( she is in a terrible state) while I was out, that he expects money tomorrow and he will back for it, and will settle for nothing else. Is there anyway to get this monster away from my door, I handed him a copy of what I thought was the right paperwork and told him that this matter was in dispute and he would not get a penny until it is sorted out.

|You see I have been paying him £40 a fortnight and that is killing our social life. He as stated to my wife because I pay that this means that I owe the money and that he will get it, one way or another.

 

Somebody please help he is coming back tomorrow at 5:30 pm, I know a very tough individual who could meet this fellow on the doorstep but I do not want to go down that path, it can terrible repercussions.

 

Where can I find The CCA, this is the letter I sent to Moorcroft

 

Scouser9

Leigh

Lancs

WN7 5ED

MOORCROFT DEBT RECOVERY LIMITED

MOORCROFT HOUSE

NO.2 SPRING GARDENS

STOCKPORT

SK1 4AA

13/12/2006

 

 

Dear Sirs,

 

Reference: XXXXXXXXX

Mr Scouser9

 

 

Please be aware that I no longer acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 cheque, (Cheque Number 100145) in payment of the statutory fee.

 

I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement within 12 working days.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

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

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “in dispute.

 

 

Yours faithfully

Mr Scouser9

Copy To Agent

 

Any advice and any help would be greeted with gratitude

 

Keep claiming the right

 

And thanks again

 

Mikey

[saxon]

Hello, you have sent the right letter, that is similar to the template.

I see your letter is dated 13/12/2006, if that is correct, then you will need to keep paying him til the 12 working days have passed after delivery, did you send the letter recorded delivery or special delivery?

If not did you get proof of posting via the post office?

 

You can expect 2 days for delivery but one of the 1st two options then check delivery progress via the Royal Mail website.

 

Once those days have passed Moorcroft are in default and you can stop paying them. They then have 1 calendar month before they have committed a criminal offence.

 

My advise would be, contact Moorcroft and offer to pay this fortnights payment via a card to stop their representitive from calling tomorrow.

 

Hope this helps.

[scouser9]

Thanks Saxon,

 

Your input is of great relief, I will pay the bouncer tomorrow myself face to face as I need to tell him about challenging the wife.

 

If they say I owe the debt then they must prove it, quite rightly so as you have already stated.

 

So I want to know from him why he is pestering the wife when I am not in.

 

I have sent the CCA recorded signed for and just checked with Royal Mail and nothing yet, I suppose that will be signed and on screen by Monday.

 

Then as you state I will wait the 12 days which coincides with the bouncers next visit approx, then I will do as others have suggested and wait with my mobile in hand and police at the ready.

 

Thanks again for all your help and I will post tomorrow when he as left.

Keep On claiming the right

Mikey

[saxon]

OK, but make sure you get a reciept. good luck and remember they are just bullies.

 

Try and get a good nights sleep.

[scouser9]

Right Guys Hello and Good evening from me

 

Just thought I would update for you, The Moorcroft bruiser as been back and boy did we argue, it went on for at least 1/2 hour and some of the neighbours heard and watched, at first I felt ashamed but then thought why should I this guy is pestering me not the other way round.

I tried to be civil I stated that I would pay him his £40 tonight (which I did) and got a reciept.

Then when I told him do not call again I will not be paying you until this matter as been dealt with by your super managers (hahaha).Then It all turned to sh)(*& he stated that I had to pay it, the signed documents that I have requested is nothing to do with Moorcroft and I should go after whoever I owe the money to, I asked him do you know who I owe the money to,his reply no.Then how do you expect to cliam any money when you cannot state why where and whom.

 

He also said that it is not Moorcrofts responsibility to hold such documents, I then asked are you acting as a agent or did Moorcroft buy the debt (No Answer).

 

I also informed him that I was only asking as my given rights for copies of everything that Moorcroft holds on my account which is my legal right.

 

I really give him both barrels about him talking to the wife he said he was only being polite, which I replied then politely fu&^* O^^ at which he replied.

I know where you are getting all this bad information its that bloody internet is'nt it. Do you know that Moorcroft are a giant company with loads of solicitors, ready to fight people who do not pay up, the next visit will be a bit more enforced he stated. I kept asking him his name but would not give it and would only give me his home number which is( NO I SHOULD'NT)

Anyway he as gone and I said as a parting jesture if you call again I want to be informed at least 48 hours by letter before you visit, he said its okay I only live around the corner I can just pop around with letter, I replied I know where you live I had a look earlier in the week, at this point he sort of quietened down and I said thats it bye and shut the door.

 

Well guys what do you think, have I done wrong but it feels so great the steam as really cleared my system.

 

Keep claiming the right

 

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 a go away letter 12/12/2006

CCA sent to Moorcroft 13/12/2006

[Guest The Terminator]

Right Guys Hello and Good evening from me

 

Just thought I would update for you, The Moorcroft bruiser as been back and boy did we argue, it went on for at least 1/2 hour and some of the neighbours heard and watched, at first I felt ashamed but then thought why should I this guy is pestering me not the other way round.

I tried to be civil I stated that I would pay him his £40 tonight (which I did) and got a reciept.

Then when I told him do not call again I will not be paying you until this matter as been dealt with by your super managers (hahaha).Then It all turned to sh)(*& he stated that I had to pay it, the signed documents that I have requested is nothing to do with Moorcroft and I should go after whoever I owe the money to, I asked him do you know who I owe the money to,his reply no.Then how do you expect to cliam any money when you cannot state why where and whom.

 

He also said that it is not Moorcrofts responsibility to hold such documents, I then asked are you acting as a agent or did Moorcroft buy the debt (No Answer).

 

I also informed him that I was only asking as my given rights for copies of everything that Moorcroft holds on my account which is my legal right.

 

I really give him both barrels about him talking to the wife he said he was only being polite, which I replied then politely fu&^* O^^ at which he replied.

I know where you are getting all this bad information its that bloody internet is'nt it. Do you know that Moorcroft are a giant company with loads of solicitors, ready to fight people who do not pay up, the next visit will be a bit more enforced he stated. I kept asking him his name but would not give it and would only give me his home number which is( NO I SHOULD'NT)

Anyway he as gone and I said as a parting jesture if you call again I want to be informed at least 48 hours by letter before you visit, he said its okay I only live around the corner I can just pop around with letter, I replied I know where you live I had a look earlier in the week, at this point he sort of quietened down and I said thats it bye and shut the door.

 

Well guys what do you think, have I done wrong but it feels so great the steam as really cleared my system.

 

Keep claiming the right

 

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 a go away letter 12/12/2006

CCA sent to Moorcroft 13/12/2006

 

Good on yer mate.Don't be bullied by anyone.

[saxon]

Here, here, I totally agree, my agent was a bully when I first met him, threatened me with loads of stuff, it wasn't til he realised that the house and everything was in my OH name he quietened down and became civil.

 

And then the power, the feeling of they can't hurt me, once you know your rights and they go away disapointed because they now know that you know what they are up to.

 

I'm really chuffed for you, give your OH a big cuddle and yourself a pat on the back. You can relax over xmas now, you have us behind you, to help and encourage, then see what the new year brings.

 

Again well done.

[FANTASY CHARGES]

um nice one

[scouser9]

Hi guys and thanks for all your remarks, GOD I FEEL GREAT. But for how long I do not know, but ehho its after them we go.

 

My OH said thanks for the hug Saxon, she is a good girl really never had debt never been in trouble with anybody, she said she was scared tonight listening to us argueing at the door, but she will be oaky.

No News from Halifax at my refusal letter but eh they have to the 28th of this month.

 

Catch You guys tomorrow and thanks guys.

 

Keep claiming the right

 

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 a go away letter 12/12/2006

CCA sent to Moorcroft 13/12/2006

[JonCris]

If anyone has a recording of a debt collector threatening to force entry I'm sure Alison at Bailiff Watchdog could make good use of it

[AllanLyn]

I have a credit agreement that is not signed by the Bank .. do the same rules apply as when thae customer has not signed?

[JonCris]

Then congrats it isn't a properly executed agreement so unenforcable

[scouser9]

I agree with Joncris it is not properly executed so carry on and good

luck

 

Mikey

[bill-k]

Can the bank not retrieve AllanLyn's original agreement, and then sign it themselves, albeit retrospectively ?

[JonCris]

They could but it wouldn't just be unlawful it would be illegal.

[bill-k]

They could but it wouldn't just be unlawful it would be illegal.

But it wouldn't be forgery, it would simply be them FINALLY signing the agreement, wouldn't it ? Would that really be illegal ?

[JonCris]

I never said it was forgery but it is an attempt to falsify a document in that it was not the one provided at the time of the transaction.

[bill-k]

I think I get it, JC. In effect, the document in force "at the time of the transaction" had not been signed by both parties. To sign it now does not make the earler transaction(s) legitimate. Is that it ?

[JonCris]

More or less correct.

 

It has to be signed on the date of the completed transaction. To sign it years or even months later means the creditor is trying to make what was an unenforcable document enforcable

[bill-k]

OK - thanks, JC. Interesting...

[scouser9]

Hi gang Im Back with another teaser for you, I have just recieved a letter stating the following from Moorcroft.

 

By an agreement between First National Tricity Finance Ltd and

GE Capital Global Consumer Finance Ltd on the one hand and

Aktiv Kapital Asset Investments Ltd and Aktiv Kapital ASA on the other, the above debt has now been legally assigned to Aktiv Kapital Investments Ltd being a company registered in England, Number 04269175.

 

As a result of this assignment the debt due and oweing by you should now be paid to the benefit of Aktive Kapital Asset Investments Ltd Via Moorcroft debt Recovery Ltd Stockportt blah blah blah,

 

Informal Explanation.

 

Your indebtness is now formally due to Aktiv Kapital Asset Investments Ltd and not to the previous creditors. We here at Moorcroft Debt Recovery Ltd are handling it on behalf of the new creditor.

 

Letter end s with usual morrcroft shi%$,

 

I have sent Moorcroft a CCA and had a bust up with their collector at the door.

 

What I need to know by your perception of this letter, how many people or companies have seen my data without my consent.

And I have never heard of Aktiv whatsit until now and.

Last but not least what do I do now.

 

I know you guys will come up with something plzzzzzzz.

Its worrying my sick this with all these people having access to my data.

 

I await your input.

 

Thanks

 

Mikey

 

All the best to one and all hope the fat fella with the white beard brings you what you wish for..

[Guest The Terminator]

Mikey thats an invalid company no.I've just checked on Companies House.

[scouser9]

Are you sure Terminator because I cannot find anything or anyone of that name either. Its not that I disbeleive you mate, but you know as well as me we have to be sure of the facts.

Christ if it is true I will be alittle bit closer to shutting Moorcroft out of my life forever.

 

I have typed the correct number Terminator and as I can only find out that they where previously registerd in Scotland somewhere, under another name I will have to look a bit deeper.

 

As Moorcroft as only to the 25th to reply then they will have another 30 days, and then They can go and whistle ( I HOPE ).

 

I have to go out now but will have another go tonight,

 

Can anybody else guys.

 

This is important as if that company does not exist then they can whistle for the money.

 

Do you guys agree.

 

Also if it does work out to be a company then where do I stand data protection wise.

 

God I am beginning to get an headache again

 

Looking for answers guys and I know you will be forwarding them soon.

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

[Guest The Terminator]

Mikey Ive just tried that number again and it came up sorry mate my mistake I left the dot in.