Moorcroft

[ahhhh]

Hiya

 

I recently sent all my creditors (5) a CCA request letter from the template here on the forum. As the CAB office has set up agreements for me a year ago I sent the request to the DCA's dealing with my accounts. So far I have only had a response from Moorcroft about 2 of my accounts (1 loan, 1 credit card).

 

Re the credit card they sent my letter and postal order back with a compliments slip saying " please find attached. We are unable to loacte this account. Please can you provide the Moorcroft reference number".

 

The reference I had given them was for my actual credit card from Lloyds. What should I reply to this letter?

 

Re my loan they sent the attached letter. I'm not sure what I should do now?

 

I've not heard from my other creditors yet so I assume I should send dispute letters if I don't hear from them in the time limit?

 

Thanks for your help

[ahhhh]

it wouldn't let me post a link or a image as i've not sent 20 posts on this forum .... how else can I let you see the letter?

[FORMISTER]

Yes, send the account in dispute letters from the template library

http://www.consumeractiongroup.co.uk...ibed-timescale.

 

As regards to the other letter, is there a Moorcroft reference on their letter? If so re-send it quoting their reference.

 

Loans and credit cards are covered by the CCA, but if any of them were current accounts, overdrafts, mobile phones they are not. You would need to send a prove it letter

http://www.consumeractiongroup.co.uk...ng-of-the-debt

[ahhhh]

The letter is for the loan and basically says that their client (lloyds) can't provide a copy of the signed agreement but there is no point disputing and the debt still stands. It talks about some recent court case where the judge ruled that debt still stands even though no signed agreement.

 

The comp slip sent about the credit card didn't have their reference. They are saying they can't find that account. I pay every month the amount arrange by CAB to them for the caredit card but they can't find that aco**** without moorcroft ref.... i don't know the reference and can't get on my internet banking to find out what it is on there.

[ahhhh]

where's my manners... i meant to say thanks first

[FORMISTER]

The letter is for the loan and basically says that their client (lloyds) can't provide a copy of the signed agreement but there is no point disputing and the debt still stands. It talks about some recent court case where the judge ruled that debt still stands even though no signed agreement.

 

This is rubbish. No agreement means they cannot enforce the debt until they provide one . Put the account into dispute and you are not obliged to pay anything while it remains in dispute and they know that. Have they produced a re-constitued agreement? Or a statement of account?

 

The comp slip sent about the credit card didn't have their reference. They are saying they can't find that account. I pay every month the amount arrange by CAB to them for the caredit card but they can't find that aco**** without moorcroft ref.... i don't know the reference and can't get on my internet banking to find out what it is on there.

 

Is there no reference on their origional letters to you?

[FORMISTER]

Which court case are they refering to?

[FORMISTER]

In regards to the non compliance of your CCA request send this http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[ahhhh]

Re: the credit card

 

I can't find the original letters. Since the CAB set this up for me a year ago I have since moved house and been unemployed yet again and my paperwork is all over the place. I have been looking for the original letters and stuff from the CAb office but not found them yet regarding this particular card. I knew my credit card number so sent that as the reference. I will see if I can get to the bank this week and work out what the reference I use on the payment is. I haven't missed a payment all year from my CAb arrangement.

 

Re the Loan

 

The court case they refer to in their letter is the McGuffick v The Royal Bank of Scotland plc (2009)..They said the judge ruled "although the Consumer Credit Act may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist".

[ahhhh]

once I have 20 posts on the forum i'll be able to get a copy up to show you.. i scanned it deleting my personal details and saved it on imageshack but it won't let me upload on the forum as I don't have enough posts.

[ahhhh]

[ahhhh]

thought that might work but it's too small to read

[FORMISTER]

They are misleading you, the DCA's only seem to quote the bits which are favourable to themselves. It used to against the law for them to ask you for payment or trash your credit report when an agreement was not produced. Sadly now it is not.

 

However, even though the OC or the DCA can ask you for payment now, you do not have to pay them as they cannot enforce it. There's a lot more to the McGuffick ruling and the Carey case on this forum. But Moorcroft are deliberately misleading you.

 

When you can scan the letter , then post it up. You probably have grounds for a complaint

[ahhhh]

thanks.. will do... I have been reading a lot on this forum but when you are right in the middle of it all it's quite stressful and hard to get your head around everything. Thanks for your help

[FORMISTER]

Try using a link from a photo sharing website

[FORMISTER]

The court case they refer to in their letter is the McGuffick v The Royal Bank of Scotland plc (2009)..They said the judge ruled "although the Consumer Credit Act may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist".

 

The clue in this sentence is unenforceable. They cannot enforce this is court. They can however ask for payment, register defaults (if they haven't already), and update your credit report.

[FORMISTER]

thanks.. will do... I have been reading a lot on this forum but when you are right in the middle of it all it's quite stressful and hard to get your head around everything. Thanks for your help

 

Not a problem, there is sooo much info on this site. Try and read the most recent threads as the law has changed quite a bit since CAG started, so some info can be out of date. There are some great Caggers on this site (who know a lot more than me, im just a novice in comparisson) all of whom have been through all of this and some.

[ahhhh]

Try using a link from a photo sharing website

 

tried that... this forum doesn't allow it until you have 20 posts in threads... which is hard to do when you are new and trying to ask for help..... almost there though

[ahhhh]

it's difficult to know what to do so this forum is a great help. I'm not denying the debts either. I borrowed them when i was in a very well paid job and could afford them. I was then made redundant and everything went pear shaped and it's been a hellish couple of years trying to get back to normal. I just don't like being threatened by DCAs as if I'm just someone trying to dodge debts when it was circumstance that made me get into this mess. Alot of the debts is interest and charges too I think. If i just paid back what I borrowed orignally then that wouldn't be so bad.

 

I'm unemployed again now though so can't afford even the payments the CAB set up for me last year and i've been waiting a month for my JSA claim to go through so not got a penny as that is taking ages too

[ahhhh]

moorcroft cca response letter.pdfmoorcroft cca response letter.pdf

trying again with the picture thing using PDf.. hope this works!

[ahhhh]

think it worked... that is the letter I got re the lloyds loan CCA request I sent to Moorcroft

[FORMISTER]

Sadly, your case is not unusual. I look at that I would of paid the OC back if they had kept the debts and given a little more time. But they sold them to the DCA's, they received a nominal fee and tax relief.

The DCA's are fair game however, no one forced them to buy the debts, they do so out of greed and a lack of morals. They then hound people, make their lives miserable and charge them money they are not entitled to. So I don't loose any sleep over these buggers,

[ahhhh]

thanks

 

So in response to the letter they sent should I sent account in dispute? Or suggest a payment of £1 a month or something? The 14 days isn't actually up yet

[FORMISTER]

Well looking at your letter, they pretty much know that they can not enforce the debt without it.

 

They are just trying to scare you by telling you that they can still trash your credit file.

 

Your options now are completely up to you. You could not pay them anything and wait six years for the debt to become Statute Barred, unless they come up with the agreement in the mean time. You are still not obligued to pay them until that time.

 

You could wait awhile until you are better off and offer them a full and final settlement in relation to the origional amount (not their charges).

 

When was this card taken out? When was it defaulted? There could be charges that you can reclaim, or missold PPI which will reduce the balance. So it could be worth a SAR request. The default could of been incorrectly served, som there are a few more avenues to go down.

You could reduce this debt down by quite a bit more.

[FORMISTER]

thanks

 

So in response to the letter they sent should I sent account in dispute? Or suggest a payment of £1 a month or something? The 14 days isn't actually up yet

 

Wait until the time is up, then send the account in dispute letter. You do not need to pay them anything until they have sent you an agreement.