Egg/Moorcroft/Bryancarter No CCA *** Claim Discontinued***

[marcander]

Hi all,

 

I defaulted on a debt in 2001 with Egg credit card (approx £5600 and entered almost immediately in to an informal payment arrangement with Egg through Moorcroft.

 

My initial payments after 2001 default started at £1 per month and in 2010 I was paying £35 per month.

 

In Jan 2010 I received a letter from moorcrop saying enoughs enough pay full amount within 7 days or else.

 

I sent them a CCA request Feb 2010 and and a request for a statement of account (which I have never ever had) continued to pay monthly £35.

 

In april 2010 I received letter from Moorcroft saying their client/Egg could not at that time supply the document and there was no mention of my statement of account.

 

At that time I then stopped my monthly payments as I dispute what is now owed. I have paid nothing since.

 

To date I have received 170 phonecalls and 27 letters demanding payment from 5 different dca's.

 

Today I have received a letter from Bryan Carter on behalf /ARROW and now Barclaycard who now own the debt saying that I should receive County court docs within 48 hours.

 

Am I correct in thinking that the april 2007 ruling was not retrospective and that my case would fall under 1974 cons credit act. I.e. no CCA no court?

 

I am doing my homework now as regards CPR etc as I intend to defend the case. Any advice and or comments would be greatly appreciated.

 

I have all my copy letters sent/cca request/etc and letters received. I have never had a statement of account from Egg/Moorcroft/bryan carter regarding this account since 2001.

 

Thanks to all in anticipation, and kind regards,

 

M.

[BRIGADIER2JCS]

Yes any CCA regulated agreement prior to

April 2007 the old rules apply, BUT the

advent of case law means that a compliant

''reconstituted agreement'' can be produced

to satisfy a section 77.78 request, the original

will still be needed to enforce via the court.

AS CARTER has his snout in the buket send

him a CCA request and point out the debt was

already in dispute. RD the letter.

[marcander]

Thanks for that, I shall do as you suggest and keep the thread updated. What is "RD the letter"? Not sure.

 

Thanks again M.

[dx100uk]

RD is recorded delivery.........

 

now

me thinks you've been cash cowed here to be honest

 

you need to SAR barclays , get the TRUTH upon WHERE your payments have been going

[i bet directly to moorcraps pocket]

 

i bet a guess thats the case

and as BarclayCard have recently aquired many EGG accounts

 

your has been looked at & earmarked for payment or collection

 

the two things could be linked

 

but i bet you payments to moorcrap have never come off the orginal debt but vanished

 

as a matter of urgency

 

get a copy of your cra file

 

see below

 

dx

[marcander]

Thanks for that,

I will SAR although I know it can take a few weeks

so I think I need to re- request CCA and defend the court action in the meantime.

 

My credit files are clear.

 

I have been in to this quite deeply and they cannot post any reference to a defaulted debt that is over 6 years from default date.

all reference to a defaulted debt has to be removed after 6 years from default date

so my CRA files are as they should be now and are clear even though I have been paying on an informal arrangement.

 

Thanks again.

M.

[dx100uk]

if your payments whomever have not been credited to the acciount [which i suspect is the case]

 

the debt will be sb'ed. absolute defence - end off.

 

and i bet also that no cca will comeback as the account has be closed by the oc years ago and destroyed.

 

it would be interesting to see a scan of the intended litigation 48hrs letter

 

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[BRIGADIER2JCS]

Thanks for that, I shall do as you suggest and keep the thread updated. What is "RD the letter"? Not sure.

 

Thanks again M.

 

Recorded delivery so you can check and trace delivery.

[marcander]

Hi This is the letter I received from B Carter yesterday.

 

 

 

brycart.pdf

[dx100uk]

does this show on your cra file and has the debt balance [on the cra flie report] show as receiving your payments?

have you ever received a discount letter?

 

i'd also get an sar off to the OC too

 

dx

[marcander]

It did appear on my credit file until 2007/8 when all references to the debt were removed from the credit file as per the ICO.

 

All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default, whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

 

The only thing that has happened is 3 weeks ago Fredericksons (who are tied in with Arrow/bryancart somewhere) did a search on equifx and it was a table 1 search

(can be seen and can affect credit rating) and listed as debt collection.

 

I have disputed this with equifax and asked for its removal or proof of authority to search.

 

Equifax are contacting 3 party freds so we will what happens there.

M.

[BRIGADIER2JCS]

Was the T1 search for outstanding debt/debt collection??

[marcander]

Yes it was. Equfx leaqrning centre says that a search for debt collection will be in table 2 and not seen. However this is in table 1 and listed as reason for search=debt collection.

[BRIGADIER2JCS]

Yes it was. Equfx leaqrning centre says that a search for debt collection will be in table 2 and not seen. However this is in table 1 and listed as reason for search=debt collection.

Emmm this usually means they have another

account on their books, watch your credit files.

[marcander]

There is another account.

It was originally all and leics loan for £15,000 taken in 2000 and defaulted in 2001.

 

I was paying all and leics debt comp every month on informal arrangement.

Starting with £2 per month and in 2010 I was paying £35 p month.

Then early 2010 Moorceoft took over and demanded full payment on behalf of Santander (aquired allianc and leics).

I sent cca request and continued payments.

 

8 weeks later reply from Moorcrop saying they could not supply the cca as they were no longer handling it.

returned my postal order but i have not cashed it.

They said I should re-request cca to sanstander.

 

However the sanstander statement said that they had received my £1 and paid it into account.

 

I stopped paying as I had not received my cca but did not request it from sanstande as I believed that I only had to make a cca request to whoever was asking for the payment.

 

I belive freds are also involved in this account as well now.

 

I had a third account which is now paid off in full to fenton cooper.

M.

[BRIGADIER2JCS]

That's the reason for the searches then, watch out

for updates on your files.

[marcander]

Thanks, will do.

[marcander]

Have received court claim form today. Claiment is Arrw Glbal Gernsey ltd. My intention is to fill in acknowledgement of service and send cpr + another cca request and account in dispute letter to brycartr. Would this be the correct thing to do? thanks again,

M.

[marcander]

Here's a copy of the letter I sent to Bryn Crter after receiving the count court claim for the Eggg acct and their reply to me.

 

Will wait to see what is sent. (not sure if the attached copies are in order or not). First one should be my letter to them (CPR) after claim, second should be their reply to me.

 

Many thanks again,

 

Regards

M.

BRYCARTREPLY DETLS REMOVD.pdf

BRYCART LETTER DETLS REMOVED.pdf

[marcander]

I complained to Equifax that Fredericks had performed an unauthorised search (Table 1 search listed as debt collection)

and I wanted to see it's authorisation or have it removed.

 

Good enough, Equifax said they would query it and returned today to tell me that fredsk had not replied within the 21 days so the search has been removed.

 

On the Bryan Cartr county court claim

I am just waiting for the docs they are relying on.

 

I have seen other posts where they take things to the wire,

so I am prepared to see this through but I would appreciate any comments from some one more experienced in a no cca county court claim.

 

Anyways, thanks again all.

M.

[BRIGADIER2JCS]

The search is authorised under the original agreement

that you signed, the debt has been purchased by Arrow

Global who now can update your credit files and search

them to.

[marcander]

Hi, I think I need a bit of advice if anyone's available.

 

After receiving the claim form from the court

I filed an acknowledgement of service and my intention to defend (but not the actual defence).

 

Brycarrtr responded to my CPR request saying they would contact client (Arrooww globl) and revert back to me.

 

They said their client would not agree to an extension in the meantime.

I said in my cpr request that the account is in dispute (i requested the CCA over a year ago from EEGG via moorcrop and they said they could not currently supply it.

 

I have yet to receive any evidence/documents from Aroowww brycartr and this friday is 28 days since the claim was filed(i received it the tuesday following).

 

I am unsure whether to file a defence saying the account is in dispute or to ask for an extension as no CPR docs yet received, or do both.

 

Anyways any help would be appreciated,

 

many thanks in anticipation.

 

M.

[dx100uk]

pm andyroch

[marcander]

Hi, How do I do that? thanks

[BRIGADIER2JCS]

Hi, How do I do that? thanks

 

Andyorch is a site user with a great deal of exxperience of litigation,

go to your user cp at the top of the forum and find your messaging facility

andyorch is the user name to send a message to.

[AndyOrch]

Hi Marcander responding to your PM.

 

If you can just bear with me and I will get back to you shortly.

 

Regards

 

Andy