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moorcroft/wescot and halifax/rbs....help


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help.....any advice please?

 

After defaulting on a loan in september 2009 which was taken out with rbs through a broker in november 2006,(default was after a house move, change of bank account, all parties notified etc), i received a letter from moorcroft in january 2010 stating they were agents of rbs asking me to arrange payment for the entire debt.

 

I reponded with a cca letter and the £1 fee the letter that was sent back stated they had requested the relevant documentation that once received would be forwarded to me and that the account had been put on hold until the documents had been supplied. It also requested that to avoid any areas of dispute that i provided any information that i would be relying on when giving evidence in court. i did not respond to this letter. And have not heard from moorcroft since.

 

This week i have received 2 letters one from the halifax which was a notice of arrears (on this notice i see they have put the £1 cca fee against the account as a credit)and one letter from wescot requesting i ring them to confirm my address and if they do not hear from me by 8th august they will assume they have the correct details for me.

 

So where do i go from here? do i resend the cca and £1 out again to both halifax and wescot or is there another way?

 

Or do i treat the debt as unenforceable as moorcroft has never provided any information requsted in the cca letter?

 

Any advise please?

 

thanks

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I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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So Morecrap ran away at the 1st sign of a cca request - nothing new there then :p

 

And now Westcot want you to confirm you are you - I really hope you didn't contact them!

 

I would have to agree with hardup on this one. Send the account in dispute letter and see where it goes from there.

 

I would also be asking questions as to why your £1 cca postal order ended up as a payment on your account. I know that they sometimes do this to restart the stat barred clock, but not sure how to make a complaint about it.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

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Amend as required:

 

Dear Sirs

 

CCA Request dated =====

 

Further to my request of the above date which was received by yourselves on the ====== please note that this request was very clearly headed I do not admit any debt to your company or representatives.

 

Further it very clearly stated that the £1 Postal Order sent with the above mentioned request was to be the statutory fee as required for the provision of the information requested.

 

Your letter of ====== clearly states that you have incorrectly taken this payment as a part payment against the disputed Agreement, which is not allowed and I therefore require that you remove this £1 credit and set it against the fee for the information requested in my letter of ======

 

Please confirm that this action has been taken within 7 days of receipt of this letter which is being sent by Recorded Delivery.

 

Please note also that a Complaint will be made to Trading Standards, Office of Fair Trading and the FOS as I see fit.

 

Yours etc.

 

 

Do not sign and send Recorded Delivery.

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