Moorcroft chasing barclays/ old egg debt

[inacorner]

I've been making payments to these guys for sometime now, possibly unecessarily, but its been keeping them off my back I get a letter asking for more every so often but just say I cant afford it. Anyway since joing CAG I've learned a lot and am wondering if its worth sending a CCA request but dont want to stir up a load of hassle and potentially court action

 

Reading some Egg threads it sounds like their agreement are now deemed ok following a test case, but I suppose there is a chance that Moorcroft wont have the agreement - any views on this liklihood or their track record in relation to them coming up wiht the goods.

 

cheers

[Bazooka Boo]

I would say you have nothing to lose by sending a CCA request, especially where EGG accounts are concerned, what test case are you referring to?

If the agreement was taken out pre Apr 2007, then get it in to Moorcr@p.

[inacorner]

It was certainly before 2007, the test case was Slater from memory somthing to do with approved limit v credit limit in their agreements- it would be good to stop worrying about paying another one

[Bazooka Boo]

Yep, you mean Alexandra Slater V Egg

 

It doesn't mean that all their agreements are enforceable, each should be viewed on their own merits, just that if your going to question the correct wording of 'approved credit' or approved limit, then their needs to be another avenue of non-enforceable argument.

[inacorner]

Cheers I'm waiting on putting a Citi/Cabot in dispute in the next couple of days then I'll hit Moorcroft with a CCA - cant be doing with all these things going on at once!!

 

Any thoughts if they'll likely come up with one?

 

thanks again

[harrassed senior]

The balance of probabilities is that they will not.

 

Do make sure that you send an Account in Dispute letter once the time frame has passed as it is not automatic.

[inacorner]

I sent of a CCA request which they saiid they'd refer to Barclays the original lender and have now said its not available.

 

They say that the debt remains payable and want my proposals and that they will continue to report to debt collection agencies and that whilst the law says that whilst there is no formal agreement that this isnt to say there was no agreement and I am expected to pay. Are they just trying it on or can they take more action.

 

Should I reply and if so with what

 

cheers

[renegadeimp]

If the CCA isnt avaliable, then the debt is not enforceable through the courts. They can still mark your credit file and send letters, but in reality, if you dont want to pay it, theres nothing they can do to make you pay.

 

Read what they actually wrote to you. They are trying to lay a guilt trip on you and basically say you have a moral obligation to pay.

 

Regarding your credit files, if its got this far, chances are its already on your file anyway. After 6 years from the date of entry, it gets removed, and you can confidently tell the DCA's to go play with traffic.

 

Im guessing the debt is pre April 2007 as after that date, they can come back with a reconstituted agreement which is much easier for them to produce.

[zydeco]

no cca = no pay, simples.

[Desperate Daniella]

I would write back and say, "Thank you for confirming that you do not hold a credit agreement for this account."

[renegadeimp]

I would say the same Daniella, but add "Thanks for saving me a sizeable amount of cash!"

[zydeco]

Thank you for informing me that you've got another lemon?

[renegadeimp]

Pretty much!

[inacorner]

Thanks guys good to hear...

 

They did say they were ...sorry to inform me... I bet they were

 

They also asked for immediate settlement or proposals to repay

 

I wiil respond acknowledging their cnfirmation

 

For the record this was a former egg account

[renegadeimp]

"Dear moorcrap. Thanks for your recent letter. My budgie said it made good flooring for his cage."

[Desperate Daniella]

....and I always need liners for the cat's litter tray."

[inacorner]

Are they still allowed to continue to chase the debt

[oleg]

They are, but you equally are allowed to ignore them - and that's what I would most certainly do.

And although they can chase, this does not entitle them to seek to enforce the purported debt in court .

[renegadeimp]

Are they still allowed to continue to chase the debt

 

Unfortunately yes. The only thing a CCA allows them to do is pursue you through the court system. They can still pursue you through letters or marking your credit file. However, if there is already a default on your file from the debt, then its there to stay for 6 years anyway, so other markers wont matter much since they get removed 6 years from the date of the entry on your file. If they persist in harassing you, then you can make a full complaint to the OFT and FOS. This is why many debts with no CCA get sold on and passed around instead of being written off.

[inacorner]

theyve written saying theyll send someone round if I dont start paying again what should I do - I did write back an acknowledge letteer

[Desperate Daniella]

Have you sent the 'doorstep' letter?

[mikeymack2002]

full of wind no more replies to them till they produce your cca

MM

[inacorner]

Have you sent the 'doorstep' letter?

 

No whats that ?

[Desperate Daniella]

Dear Sirs,

Please beadvised that under OFT rules you can only visit me at my home if you make anappointment and I have no wish to make an appointment with you.

 

There is only an implied licence under English Common Law for people to be ableto visit me on my property without express permission - the postman and peopleasking for directions, etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B.per Lord Evershed M.R.). Therefore take note that I revoke licence under CommonLaw for you or your representatives to visit me at my property and if you do sothen you will be liable to damages for a tort of trespass and action will betaken including, but not limited to, police attendance.

As you havebeen given this notice, should your representative then come to my property andcause any embarrassment which results in financial loss to me you will also beliable for damages.

Send this to them, and keep a copy by your door so if anyone ever does turn up you can hand it to them and shut the door in their face. They have no legal right whatsoever to speak to you, or enter your home.

 

[Desperate Daniella]

Sorry about some words being joined up - for some reason it often happens with cut and paste word documents.