M&S loan letter from Moorcroft

[mostlygrumpy]

I have received a letter from Moorcroft saying a loan has passed to them from M&S. They say they will contact me by letter/ phone in next 7 days. What do I do please.

[BRIGADIER2JCS]

Wait and see what Moorcroft send.

 

How old is the debt, when was the last payment made?

 

It would be a good idea to check your credit reference files.

[fletch70]

Has this always been a credit card or was it a storecard that was converted to a credit card .

 

If so did you sign anything, get an agreement?

 

Depending on the answers to the Brigs questions you could send a CCA request .

[mostlygrumpy]

Has this always been a credit card or was it a storecard that was converted to a credit card .

 

If so did you sign anything, get an agreement?

 

Depending on the answers to the Brigs questions you could send a CCA request .

 

It's a loan not credit card. Last payment made to it was 2 months ago. Should I wait until Moorcroft write to me or send a cca request?

[BRIGADIER2JCS]

Wait for Moorcrofts letter!

[fletch70]

Hi

Ok . I would wait until you get a letter from moorcrap. I assume the loan was taken out after April 2007 ?

 

Either way once you have something from moorcrap send a S77 request.

 

Have you received a default notice?

[mostlygrumpy]

Hi

Ok . I would wait until you get a letter from moorcrap. I assume the loan was taken out after April 2007 ?

 

Either way once you have something from moorcrap send a S77 request.

 

Have you received a default notice?

 

I think loan was originally taken prior to April 2007. Does that make a difference?

[BRIGADIER2JCS]

Have you checked credit reference files, with Moorcroft involved it would be a wise move (for reasons I can't go into here).

 

Pre April 2007 the original agreement or a proper copy will be needed to enforce the debt,

[mostlygrumpy]

I have now received a letter from Moorcroft requesting a repayment proposal by the 9th December. The agreement will be dated prior to April 2007. What should I do now please?

[fletch70]

Send off the CCA request

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

If Moorcroft are acting as agents then send it to M&S but let moorcroft know you have sent them the CCA request.

You could send it to moorcroft but they may return it to you and tell you to send it to M&S

[mostlygrumpy]

Cca letter to M&S on 6th by recorded delivery. They have cashed £1 cheque on 9th dec. what letter do I send as no reply from them within 12+2. Emailed Moorcroft and told them I'm in dispute. They've written back saying they're going to speak to M&S and take no action in the meantime

[BRIGADIER2JCS]

Letter in CAG library.

[fletch70]

Remember it's 12+2 WORKING days . I would leave it until after xmas

[mostlygrumpy]

Received letter from M&S today recoded delivery. There are 4 sheets.

Sheet 1. Covering letter saying sheets 2,3&4 comply with cca

Sheet 2 - a reconstituted copy of application/agreement form. This is blank where my signature should be. Also loan was from spring 2004 however address on reconstituted copy is one I did not move to until end 2009. Also there is no agreement date or term in months or interest rate just an interest amount, monthly instalments are stated as £0.00

Sheet 3 - standard copy of terms and conditions

Sheet 4 - statement of transactions

 

To my untrained eye the reconstituted agreement is not satisfactory as it has wrong address, no interest rate, monthly oayment of £0.00 and does not bear my signature. Also agreement date is blank as is date below scanned M&S official signature.

 

Your advice re reply would be much appreciated.

[mostlygrumpy]

I have looked but can't find an appropriate letter for the above post.

[dx100uk]

failure to comply letter

in the green library tab up top

 

dx

[fletch70]

http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request

 

Just two points . You need to change the S78(6) to S77(4)

 

 

The other point is that it states they should have sent a full statement of account which isn't strictly true. I would edit the letter slightly as you have received documents they just didn't comply

 

Dear Sirs

 

ACCOUNT NO: XXXXXX

 

Your attention is drawn to the fact that this account is subject to a serious dispute. On XX/XX/XX, I requested that [ORIGINAL CREDITOR] supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 77. To date [ORIGINAL CREDITOR] have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to [ORIGINAL CREDITOR] , nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

In line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

a copy of their agreement

copies of some of the other documents mentioned in their agreement

a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

make the debtor pay the debt before they're supposed to

get a court judgment against the debtor

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place. I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

Yours faithfully,

 

*

Sign using a computer font

 

That is an alternative

[mostlygrumpy]

failure to comply letter

in the green library tab up top

 

dx

 

They have today sent the details as described in the longer post above. The failure to comply letter seems to be for non receipt of the forms. How do I dispute the wrong address please? Also the loan was taken in Spring 2004 do they have to supply me with a form bearing my signature because if when the facility was in 2004? As always thank you in advance.

[mostlygrumpy]

http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request

 

Just two points . You need to change the S78(6) to S77(4)

 

 

The other point is that it states they should have sent a full statement of account which isn't strictly true. I would edit the letter slightly as you have received documents they just didn't comply

 

 

 

That is an alternative

 

Do I say it does not comply as the address is incorrect?

[fletch70]

Do not tell them what is wrong , just that they have not complied with the CCA request . You could if you want say something like , I would refer you to Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009) where HHJ Waksman detailed what was required.

[mostlygrumpy]

Do not tell them what is wrong , just that they have not complied with the CCA request . You could if you want say something like , I would refer you to Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009) where HHJ Waksman detailed what was required.

Thank you. I assume it is ok to alter the letter slightly to reflect it is to M&S themselves not Moorcroft.

[fletch70]

Sorry I should add , they do not need to supply a signature on a CCA request but it should be a TRUE copy of what you WOULD have signed. As the address is wrong it clearly isn't..but why tell them that?

 

As for actual enforcement they will probably need to supply a copy of the original agreement. I think they are pretty stuffed

[fletch70]

Thank you. I assume it is ok to alter the letter slightly to reflect it is to M&S themselves not Moorcroft.

 

Absolutely , always edit to suit your needs

[fletch70]

Sorry not to confuse you...the letter you send should be to M&S as they sent you the pile of junk they call a S77 request however I would copy moorcrap into it

[mostlygrumpy]

Sorry not to confuse you...the letter you send should be to M&S as they sent you the pile of junk they call a S77 request however I would copy moorcrap into it

Your help is very much appreciated. Thank you.