cabot /morgan Claimform CITICARD-last year had a Wright Hassle SD attempt too!!

[dillon21]

Hi just had a doorstep visit from debt collectors moorcroft

my husband answered the door and nearly let her in

 

 

i asked her to leave my property which she did no problem

and just said she would put me down as a refusal i was just sorting out my ccas do i now send them to moorcroft or citicards

[dx100uk]

cca's for what sorry?

 

dx

[Hardupnotfedup]

Send them to whoever owns the debt, if Moorcrofts have bought it then send it to them if they are acting for Citi then send it to Citi.

[dillon21]

cca's for what sorry?

 

dx

 

 

Sorry citi credit cards

[havinastella]

I'm sure Moorcroft don't buy debt.

 

They are the easiest of ALL dca's to get rid of, although they bark the loudest.

 

Little puppies really.

 

Jogs

[cashins]

Send them to whoever owns the debt, if Moorcrofts have bought it then send it to them if they are acting for Citi then send it to Citi.

 

No - you send the CCA to however is demanding money from you, they are then obliged to provide it themselves if they own the account, or forward it the account owner if not.

 

With a CCA you are asking several questions.

 

(a) Does the agreement still exist?

 

(b) If it does, is it likely to be enforceable?

 

© Does this company that has shown up out of the blue demanding money actually have any authority whatsoever to collect this debt? They are obliged in law to produce an enforceable CCA, (or get it from the creditor), if they can't - tell them to sod off.

 

David

[dillon21]

recevied postalorder and my letter requesting a cca back today telling me to send acca to citi cards as they will hold the information

[debt4get]

then if the little darlins from moorcrap bother you again tell em to sod off..if they want to collect on the debt then they need to supply the paperwork...dont waste the price of the stamp just wait for 12 +2 days to be up and send them the you have failed to supply an agreement and the account is now in default letter

[alfwithhair]

recevied postalorder and my letter requesting a cca back today telling me to send acca to citi cards as they will hold the information

 

Well write back to the idiots quoting

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity.

 

Remember the 12+2 working days are still running from the time of your first request, so if the time is up send the account indispute letter also. then leave the ball in there court. do not send any further letters until the comply or issue court papers, which is hardly unlikely

[cashins]

recevied postalorder and my letter requesting a cca back today telling me to send acca to citi cards as they will hold the information

 

Not an uncommon reaction from a DCA in trying to avoid their responsibilies and pass the buck.

 

Send it back to Moorcroft pointing out that as appointed agents for Citi, they are duty bound to forward the request to Citi and is in fact their legal responsibility to do so.

 

They have 12 + 2 days, (from when they 1st received your request), to produce the documents. When that period expires forward the Account in Dispute letter.

 

What it boils down to is, if they can't produce an enforceable CCA, then they have no standing to demand money from you.

 

In my own case, on various accounts I have dealt with and got rid of Moorcroft on three occassions. Frankly they're pratts.

 

David

[dillon21]

THe 12+2 days is up so now do i send the in dipute letter even thou they have sent everything back to me also had the same thing from rw is there a template for a accont in dispute letter

[alfwithhair]

THe 12+2 days is up so now do i send the in dipute letter even thou they have sent everything back to me also had the same thing from rw is there a template for a accont in dispute letter

 

There you go

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[cashins]

THe 12+2 days is up so now do i send the in dipute letter even thou they have sent everything back to me also had the same thing from rw is there a template for a accont in dispute letter

Yep, as Alf pointed out, they've run out of time and........errr options.

David

[dillon21]

This morning i have eceived papers from Northamptom cc from cabot on behalf of morgan solicitors for a credit card amount for4985.62

 

 

i have been through this process before

 

 

but what ever i did last time was incorrect

 

 

so please can someone jog my memory of what i should do

 

 

i dont think i have sent of for ane info so

 

 

how do i stop or hold up the court process

 

 

sorry to be a bit dim for people who have helped me before

[42man]

You might find this useful....and there are plenty of Cabot threads around these forums too - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED(1-Viewing)-nbsp

[RDRR]

....

[nicklea]

Here's the link, they're in the stickies section at the top of the first page

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them.

 

You mayt also find these helpful

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

[RDRR]

Thanks - I hadn't realised the 'Embarrassed defences...' thread had been stickied.

[dillon21]

Oh god this as all gone over my head and

 

i now relise why I propably got a judgement against me in Dec

 

Im way out of my depth

 

can you please tell me how to get the extension

 

do i ask the claimeant or the court

 

do I phone the claimant

 

this goes against all ive been told about engaging in conversation with them.

 

i received my papers Friday so

 

whats my first step

 

i need to acknowledge the papers

 

HELP PLEASE

 

i have already messed up once

 

and still have no idea what I did wrong

 

Please can somone help

i have not acknowledge the papers received last week

 

 

im very confused what my first step must be after losing the last case time is running out your help would be very helpful to buy n=me some more time

 

Help anyone please

[nicklea]

ok, first of all, very important question. Have you made any contact with Cabot before this? Have you written to them or called them at all before now?

[dillon21]

NO i have had no contact with them

[debbbbsy]

Hi dillon,

 

perhaps the reason you are not recieving any responses, is because you haven't given any information about the claim.

 

1st step, acknowledge the claim online.

You then have 14 days to file a defence.

Are you disputing the amount ? Do you have a copy of your credit agreement ? Who was the original Creditor ? Have you been recieving statements ?

Depending on what documents you have or have not, and previous requests will determine the next step.

 

Debs

[dillon21]

when i ackowledge

 

 

what parts do i fill in

 

 

I have kow credit agreement

 

 

the oruginal creditor was citicard

 

 

no statements

 

 

just letters from debt recovery

 

 

i do not know how to file a defence

[nicklea]

What debbsy said was going to be my next points. However, the fact that you haven't communicated with Cabot before getting the claim form gives you a strong defence regardless of anything else.

 

As debbsy said you need to acknowledge service and say that you will be be defending the full amount.

 

Can you please type up the particulars of claim as well

[dillon21]

do you mean what the claim form from the court particulars