Moorcroft chasing debt that has no CCA

[Poster]

Hi,

 

After a bit of advice.

 

I had a Loan with LLoyds from 2003.

 

In 2005 I couldnt afford to pay anymore and the debt was passed to CCS Collect.

 

I arranged to pay them £60 a month and up until a few months ago, stopped paying them.

 

After using this helpful site, I took advice and CCA'd CCS collect and SAR'd Lloyds.

 

I discovered that Lloyds didn't have a signed copy of the CCA.

In fact, they didnt have a CCA at all.

 

CCS told me they didnt have one either.

 

So I stopped payments and basically wrote them the letter saying they are in breach and the debt is not enforcable, etc etc.

They sent me 2-3 letters and have now stopped.

 

It is worth noting that the entry on my credit report shows this debt as "settled" and in December this year,

it would have been 6 years since the last entry was made meaning it will drop off my credit history (although the debt is still outstanding with the DCA).

 

Today I got a call from Moorcroft.

 

It appears the debt has been passed to them now (or sold by CCS?).

As expected, very pushy.

 

Asked me to clear the balance there and then and then asked me to set up a payment plan.

 

I laughed and told them Lloyds have been SAR'd and CCS had been CCA'd and they had no copy of the agreement.

Because of this the debt was defaulted until they can provide a copy of it.

He said "yes the debt is defaulted because you havent made a payment since June."

 

He told me that I didnt know the law and that the debt is still outstanding.

He then said collectors could come to my house.

I mentioned that they wouldnt be able to without a CCA to provide to the court.

I asked him to send me a letter and I would respond to that.

I have not even received a letter from them yet so that was the first I know about the debt being passed to them.

 

 

So, what do I do now?

 

I know they dont have a CCA and from what Ive read, they are the worst of the DCAs.

Am I right that the debt is still not enforcable?

CCS have been dealing with me for years and when I was happily paying them each month, not a peep.

 

Now they know I know the law, they pass it onto a new DCA within a month instead of sending more threatening letters.

 

 

I assume the same rules apply to this DCA?

 

My credit entry shouldnt be affected either as it has been marked as settled for 5 and a half years now.

And I assume they cant create a new entry on my credit record as only 1 record can be made against the original debt, is that correct?

 

Thanks in advance!

Edited July 27, 2011 by Poster

[cerberusalert]

Send them this; http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

[BRIGADIER2JCS]

Just to add to Cerbs advice, some times a basic approach works,

Just write and state this alleged debt has been round the block,

no agreement has ever been produced please GO AWAY:madgrin:

[Poster]

Good news! Thank you. I will await their first letter then so I know who to reply to.

[intend]

Agree with both above. I too have Moorcrap chasing a LTSB loan - cca'd them - latest was LTSb cant find one and probably wont so advice is not to pay. Moorecrap now vitually begging me to pay

 

Intend.

[BRIGADIER2JCS]

Send it to Moorcrap they are the last contact you:madgrin:

[dx100uk]

and stay off the phone!!!

 

dx

[Poster]

Can I just ask what happens if Moorcraft pass the debt back? Will it go back to CCS or Lloyds? The reason I ask is because Lloyds have actually sold the debt so it doesn't belong to them anymore. They have marked my credit file as satisfied and I want the entry to drop off in Decemeber. I'm worried that if it does get passed back to Lloyds, they will update it. Even though I was making payments to the DCA, none of these payments have been recorded on my credit record.

[cerberusalert]

It will return to ever owns it now, whether it's returned to the original owner is between those two parties but as it stands now it remains unenforceable.

 

Any adverse entries on your credit file will/should drop off after six years, they can only update it for that period of time. They cannot re-register a default.

[Poster]

It will return to ever owns it now, whether it's returned to the original owner is between those two parties but as it stands now it remains unenforceable.

 

Any adverse entries on your credit file will/should drop off after six years, they can only update it for that period of time. They cannot re-register a default.

 

Can they change the status from settled to default now? It's not been 6 years since the settled status was applied to the entry. I'm just wondering if I should tag moorcraft along for a few months until the entry has been removed and then tell them it's still in dispute with CCS.

[BRIGADIER2JCS]

If it has been defaulted once it cannot be defaulted again.

 

Brig.

[cerberusalert]

Can they change the status from settled to default now? It's not been 6 years since the settled status was applied to the entry.

It's not from when the status of the debt was marked as 'settled' it's from when the default was first registered.

[Poster]

Here is a copy of what the entry looks like:

 

So they shouldn't be able to do anything to this now should they? This is all I'm worried about.

 

[BRIGADIER2JCS]

Hi, the entry is as it should be, and clearly shows the

assignment to another company, the new company may

make entries regarding the management of the account,

while it's in their hands the original data cannot be changed

or a new default added.

[Poster]

Thanks. CCS managed this debt for 5 years and never made an entry at all so I think I should be ok. I will send them the letter above once I get their first letter so I can use reference numbers, etc.

[Poster]

I got a text message from CCS today regarding the debt asking me to make a payment. I'm confused though. How can CCS still be chasing the debt it Moorcroft are as well. Unless Moorcroft passed the debt back as the account is still in dispute.

[BRIGADIER2JCS]

That would be the reason I think.

[Poster]

If CCS send me a new letter about this, shall I send the harrassment letter as the account is still in dispute. They haven't actually acknowledged my last letter stating that there is no CCA.

[BRIGADIER2JCS]

Yes do exactly that by return of post, then they'll probably

try to flog it off to some pond life further down the food chain.

[Poster]

I guess it's just a case of repeating this over and over until CCS give up as it looks like Lloyds washed their hands of this a long time ago.

[BRIGADIER2JCS]

Hi Poster, have you done a SAR to Lloyds yet, to get an idea

of charges or PPI?

[Poster]

Yes I SAR'd Lloyds. They just sent me a statement showing my monthly payments to CCS (which I thought was weird as I was under the impression CCS owned the debt and Lloyds wouldn't have a record of the payments) and a record of CCS's details as well as my previous addresses. They had nothing else. As far as I can see, I had no charges and I don't think PPI was ever taken out for this loan. I could be wrong though. it was taken out quite a long time ago.

[BRIGADIER2JCS]

What you received from Lloyds is not compliant with a SAR

they must supply all the data that existed on the account

if they cannot for any reason comply they must tell you in

writing.

Did you use the CAG template for the SAR.?

[Poster]

I did, yes. I can scan in their reply cover letter tonight. They did mention that they were unable to locate a CCA though.

[BRIGADIER2JCS]

Often the CCA is not supplied with A SAR as it's covered by the

act and doing the CCA request, and it's assumed that the

customer has kept a copy of the original themselves.

It would be interesting to see their letter.