Moorcroft

[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

[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.

[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

[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.

[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,

[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.

[FORMISTER]

And as you are unemployed again, if they came up with an agreement, offer them a token payment. If they took you to court the judge would make them accept it and would be unlikely to award judgement in their favour

[FORMISTER]

one more thing... I sent the letter on the 13th... would that make feb 2nd the final day for them to respond by (12 +2 working days?)

 

Yes I think thats right. Don't worry about them, even if they come up with it, there is sod all they can do if you have no job and offer them a token payment