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Moorcroft have applied CCA fee as a payment!!

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Hi,

 

I am in the process of responding to M&S Bank in reference to their CCA response,

i.e. copy of store card application etc from mid 90's.

 

They have recently taken the account back from one bottom feeder and passed it to Moorcroft

who have been hounding me..

 

.When I noticed.....

 

There is a payment of £1 on the enclosed CC statement stating "Payment from Collection Agency" :mad2:

 

I sent a CCA request to Moorcroft, didn't get a response so sent one to M&S.

I am not sure to which one M&S are responding.

 

I clearly, in red text within my CCA request to both Moorcroft and M&S Bank specified the payment was only to be used for CCA

and nothing else, but it is clearly applied to the account.

 

I am aware of the issues with charge card conversions by M&S to credit cards

if i need to defend this account etc, but I am rather annoyed to see the payment on the statement.

 

I know I haven't made any payments as I can't afford to. I had to stop my token payments.

 

To whom do I complain?

Do I have to do a formal complaint to Moorcroft first, or can I just go higher?

 

Thanks MT

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Hi Surfer,

 

I have never paid a DCA for this account,

I used to pay M&S directly,

but couldn't even afford the token payments so stopped about 3 years ago

when they stopped sending statements

and sent to a bottom feeder to harass me.

 

Since the new round of calls and threatening letters,

I thought its about time I did a CCA request to get some info in case of impending court action.

 

MT

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Oops maybe I read surfer incorrectly, the gap in the payment from my sending of the CCA request and on the statement is just a few weeks, and clearly stated on the statement as 'payment from collection agency'.

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Oops maybe I read surfer incorrectly, the gap in the payment from my sending of the CCA request and on the statement is just a few weeks, and clearly stated on the statement as 'payment from collection agency'.

 

Hello MT.

 

Ok send the following to the

Compliance Manager

Moorcroft Debt Recovery

 

 

Date:....................:

 

ref: Use theirs:

 

Complaint Misappropriation of Statutory Fee.

 

Sir/Madam,

I refer to my request made under sections 77/78 of the Consumer Credit Act 1974 made on xx.xx.xxxx to which no response was received.

 

I have now become aware that is appears the statutory fee has been applied as a payment to the alleged

debt, possibly to allow a later claim that the account is statute barred.

 

Moorcroft will immediately cause this payment entry to be reversed and then will either IMMEDIATELY comply with my lawful request or return the payment forthwith.

 

A complaint is being forwarded to the OFT/FCA immediately.

 

Use recorded signed for post and check receipt.

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Oops maybe I read surfer incorrectly, the gap in the payment from my sending of the CCA request and on the statement is just a few weeks, and clearly stated on the statement as 'payment from collection agency'.

You read it correctly the first time and supplied the correct information.

 

They are now trying it on to change the date of last payment in case it goes over 6 years to become statute barred which should be in another 3 years time

and not 6 years!

 

As the fee has not been used correctly,

request that it is repaid back to you as you are in dispute with the account.

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Hi,

 

Not been around for a while as been very poorly, and then just as strength returning a close friend got burgled!

 

Back now, and still have issues with this misappropriation of payment.

 

I sent the letter (as suggest by Brig - Many many thanks to Brig), and the decietful little buggers place the blame on to M&S Bank!

 

Moorcroft responded stating they "following your recent request your fee was applied to the account...".

 

Not sure what to do next, I have sent yet another formal complaint to M&S (have another one raised for incomplete s77/78 provision - its a charge card from years ago, now &More :lol:) and I'm waiting for a response to this misappropriation.

 

The question to all on here. is there anything else I can do about Moorcroft - they are the ones who blatantly ignored the 'not to be used for any other purpose' ?

 

Should I write to OFT / FOS etc? or is it FCA now instead of FOS?

 

Thanks

Me_Too

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Tell them that the money was for statutory purposes only and you are making formal complaints to the regulators about it. You wont be the only person they are doing it to either.


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Tell them that the money was for statutory purposes only and you are making formal complaints to the regulators about it. You wont be the only person they are doing it to either.

 

Hi renegadeimp,

 

Thanks for your help.

 

I sent them a Formal Complaint stating it was for statutory purposes and they responded basically with 'tough' its what M&S tell us to do!

 

I will send a complaint to the regulators, but will it help my situation or do they just add me to the ever increasing pile of complaints?

 

Me_too

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did you scan/get a receipt and the number of the postal order

 

sar time too to M&S ppi? charges?

 

dx


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Hi dx,

 

Yes I have a photo of the Po, along with receipt etc.

Moorcroft have confirmed receipt of PO and applied to account instead of providing CCA

(I had to contact MS with another separate CCA request which they claim have fulfilled).

 

sae? Is this SAR?

I haven't SAR'd them yet, as I am trying to attain CCA documents etc.

Was a chargecard,

now &More s

o I thought I'd wait for the complaints to be sorted

so that I have full copy of their internal notes of how they and moorcroft handled these complaints!!:wink:

 

I didn't think I had PPI as I never took it,

I worked in the PPI industry and knew that it was poor value for money.

I had to do a temporary stint in the claims department as part of the training for my job in IT.

I saw how many claims were refused.

I vowed NEVER to take it out.

 

However,

just recently I found PPI on account statements from 1998/1999 etc.

And a personal reserve account.

I can't even remember what a personal reserve account was!

 

So I know this was misold PPI as I never ever selected it!

I am trying to find statements for the 90's and early 2000's.

I have them, somewhere in a very safe place!

I doubt very much M&S would find these in a SAR.

Charges, only a few in 2008 but they will add up.

 

thanks for your advice

Me_too

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well that's great you have the evidence of the PO

 

as you've the evidence i'd make a formal complaint with that evidence

and demand compensation.

 

dx


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Hi,

It's been a while for me, not truly active on here but always trying to stay up-to-date by reading up on recent posts etc.

 

I have a small issue which I'm hoping some of you will be able to advise.

 

M&S credit card, defaulted 2008, no longer on CRA, last payment a couple of years ago.

 

 

Was making £1 token payments,

unable to afford as disabled and unable to work.

 

 

stopped all payments (quite a few cards, used to have a good job!), and just couldn't afford £1 so did the CCA route on all.

 

CCA'd M&S,

they returned an in-store application form for chargecard (early 90's),

T&C seemed random, but was dated same year.

 

 

No varied terms, no new terms when converted to credit card,

no default terms, only current terms (5 years after default applied!).

Balance approx £2k.

 

Then endured protracted comms, over 8-9 months, re failure to comply with s77/78 etc. M&S adamant s77/78 complied with.

 

Then they decided to sell to 1st Credit - oh joy!

 

Have sent of CCA to 1st Credit,

so far 'we have contacted M&S for copy' etc,

and noting firmly that M&S have already fulfilled s77/78.

I await 1st Credit to send the same copies.

 

So, the CCA is illegible,

you can kind of make out the wording,

but there isn't any reference to attached terms,

and no terms provided for default,

however I'm sure they could locate them if they tried.

 

My question is,

 

 

are these 'charge card to credit card' conversions still unenforceable,

ie does Mayhew still hold some clout?

 

 

I've searched around the forums and can't see of any recent M&S cards this old being taken to court,

so I am assuming these are still unenforceable?

 

Any recent cases out there?

 

Thanks

Me_too

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It is not clear from your post, was this a store card which was later upgraded to a credit card ? If so, then it is very likely to be unenforceable.

 

Have a read of the article linked below - about a third of the way down you will see a link to Santander v Mayhew - that is the full judgment of the case that has provided the basis for defences against any claim in respect of these store card/turned credit cards. You would not have been provided with the new terms and conditions when they simply turned it into a credit card.

 

http://www.bbc.co.uk/news/business-17670803


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Hi,

Thanks for the response.

Yes it was a store card, they had a choice of two they 'chargecard' or I think 'budgetcard', mine was a charge card.

It was later upgraded to a ''&more" credit card.

 

M&S have been quite obstructive in in their CCA s77/78 provision, and have since sold to 1st Crud.

 

Of course, at the moment I am inundated with letters, and the discount letters offering a higher % reduction if I pay more quickly.

I'm currently waiting for their CCA provision.

 

My main concern was wether 1st Crud are likely to start a claim through Northampton, or wether they would be aware of Mayhew and not bother. I'm trying to nip it in the bud before they start any legal action. I'm sure the CCA is unenforceable, due to the upgrade to credit card (as detailed in citizenBs post above). I was wondering if anyone had been taken to court with these dodgy CCAs since Mayhew?

 

Thanks

Me_too

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Hi, Me_too

 

I have exactly the same scenario as you - a storecard application which was signed in 1988 which First Credit supplied in January this year. Since then I have had about two letters a week, but I haven't replied. Like you I was making token payments until a couple of years ago. I can't find any recent cases either, but will keep you in the loop about their next move.


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I know someone who is in the same boat ie his alleged M&S store to credit card debt (over £10k) was sold First Credit.

 

Apparently, they sent a couple of letters so he told them about his dispute - which has been going on for a few years now - and made a CCJ request.

 

He hasn't heard from First Credit since March this year. The last letter simply stated that they were still waiting for information from their client.

 

He also mentioned the Santander vs Mayhew case in his letters. That seemed to have put First Credit off!

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Hi, Me_too

 

I have exactly the same scenario as you - a storecard application which was signed in 1988 which First Credit supplied in January this year. Since then I have had about two letters a week, but I haven't replied. Like you I was making token payments until a couple of years ago. I can't find any recent cases either, but will keep you in the loop about their next move.

 

There are no recent cases as these store to credit card cases never reach the court.

 

First Credit could issue a claim, hoping that you don't defend. Once the defence goes in, they are likely to discontinue.

 

Ms Mayhew recently beat another creditor (MKDP) in court so mentioning her name works magic!

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Hi goldlady & pierre70,

 

Thanks for your comments, here's my little update ....... There isn't one! 😉

 

Since the Jan 15 letter saying 'we will get CCA from M&S and send to you', I've heard nothing.

Which does seem to appear they aren't wasting time on the 'charge card-to-credit card' accounts when a CCA is requested as proof.

 

Also many thanks to ms Mayhew, I'm off to read up on her latest case mentioned above.

 

Thanks

Me_too

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Unfortunately my friends M&S card pre 2007 , in dispute and with PPI , no CCA First credit 'won' in court today.

How would she have known if it was a charge card to credit card?

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Unfortunately my friends M&S card pre 2007 , in dispute and with PPI , no CCA First credit 'won' in court today.

How would she have known if it was a charge card to credit card?

 

Hi,

I'm sorry to hear about your friend, I have read the thread that you posted.

 

I know mine changed into a "&more" card as I opened it many years ago as a 'charge card' account and have the statements. Being a hoarder on this occasion was a good thing.

The CCA also showed it wasn't an &more card at inception. The T&C provided showed no link to the CCA but M&s were adamant the docs provided were enough.

If they were enough then why didn't m&s take me to court instead of selling to 1st crud?

 

I looked briefly at your thread as I was on my phone, did you show the CCA in the thread?

 

Me_too

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Hi Yes hers was &more card. Think I attached an image of the application form on the thread.

There was no CCA

First credit sent a copy agreement and at the top it says &more credit card ..

On the thread only had copy of application form . Their copy CCA was sent as CPR request (not original) and I agree T&C show no link to CCA

moving on

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Hi, I've commented on the other thread, I hope it helps.

Me_too

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Hi all, I thought I'd do a quick update, incase there's anyone out there in the same situation.

 

 

Well, 1st crud was sent CCA s77/78 in Nov 14, usual response 'waiting for M&S to provide CCA' blah blah. As I was concerned about legal action from 1st Crud I made 2 formal complaints, the latest being late 2015, asking them to either provide CCA or confirm not available & to refund payment.

I received a bog standard response, 'we do not uphold your complaint etc', stating that a year is not unacceptable to wait for provision of s77/78!!!

 

 

Moving forward to March 2016, I now have a letter from 1st crud, the account has been 'assigned back to M&S'. Strange wording considering 1st Crud purchased the account!

 

 

Now waiting for M&S to harass me again, even though I've complained many times that they have failed s77/78 they refuse to accept it and keep on contacting me! (Well they did until they sold it last time).

 

Maybe they will sell to another DCA who needs to be reminded of Ms Mayhew?

Me_too

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