Jump to content


  • Tweets

  • Posts

    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
  • Our picks

womble005

OH's RBS CC debt been paying moorcroft for years - help

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2051 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all, I've a general question and not sure where to post it, so Mods please move if I'm in the wrong place!

 

Since November 2009, my husband has been paying £120 per month to Moorcroft for an old RBS credit card debt.

 

My question is: why does his credit report on Noddle show "DF" (for "default") every month since November 2009? Surely, if he's been paying this amount in line with what he agreed with Moorcroft, it should be reflected in his credit report?

 

Any help or advice will be most appreciated.

Share this post


Link to post
Share on other sites

well no as its still in default.

 

however 'markers' have no real impact

 

its the defaulted date in the summary that the important one.

 

tell us about the card please

 

how old

 

and do robbersway own the debt

or is it still listed with RBS?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi, and thanks for your reply.

 

The debt is still listed as being with RBS

- or at least it was right up until this week,

when we received a reply from our letter to Moorcroft questioning the "default" markers.

 

It's now be removed entirely from my husband's credit report.

 

I'm guessing it's been removed while Moorcroft take the matter up with RBS

(as they've said they will do in their letter)?

 

The account is very old - originally opened in 1990,

and fell into default when he was made redundant in late 2008.

 

The balance was originally something like £11,000, but is now approx. £4,300.

Share this post


Link to post
Share on other sites

ok so its now fallen off the CRa file

 

as the org defaulkt has reached 6yrs

never to return.

 

have you all the statements?

 

for a major bank to sell an £11k debt

there must have been something wrong with it I suspect.

 

not got PPI

or loads of £12 penalty charges have you?

 

if you don't know

 

i'd send RBS an SAR

 

i'd also be sending moorcrap a CCA request too.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hmm, that's a really interesting point about the PPI or late charges. Thank you. We'll send the SAR and CCA requests.

Share this post


Link to post
Share on other sites

PS: no, there are no statements at all to be found anywhere.

Share this post


Link to post
Share on other sites

I really hope that the debt is still with RBS

and its not been sold on

 

and your payments to moorcrap

have all been going off the debt to RBS

 

sadly I have my doubts on the latter

 

strange you've not been getting statements mind.

 

have always lived at the same address?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

As far as I'm aware, the debt has been sold to Moorcroft as my husband doesn't get any communication from RBS at all. We moved from Berkshire to Essex in 2009, and my husband let Moorcroft know of his new address, so all we now get is a yearly statement from Moorcroft (although we have access online to his account with Moorcroft to view payment dates and account balance).

Share this post


Link to post
Share on other sites

if that cra file of last week

listed the owner as rbs then its not been sold.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Yes, it was definitely listed as "RBS". How odd, then, that we only ever get communication from Moorcroft and nothing at all from RBS.

Share this post


Link to post
Share on other sites

urmm

 

ok I suspect you never informed RBS or any of your creditors of your new address

which you legally should do.

 

ofcourse, Moorcroft would find you or quickly contact you to find that out

but they are not obliged to tell RBS..funny game.

 

I hope you've not been paying/corresponding via the phone with moorcrap?

 

they are a DCA

DCA's ARE NOT BAILIFFS

 

and have NO SUCH LEGAL POWERS.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

My husband only informed Moorcroft of our new address, but not RBS

- he just thought Moorcroft were the only point of contact.

 

He (I, on his behalf) correspond with Moorcroft only via letter, never by phone.

 

My husband isn't particularly au fait (nor even really interested) in dealing with this debt to any great degree,

he's happy just to keep plodding on paying them their £120 a month, which he's been doing since 2009.

 

When the debt first arose, he was very panicked, unemployed, going through his father's sudden death

and in the midst of some quite severe emotional and financial turmoil

- he had no idea that consumer credit law exists to protect the consumer from sharks like Moorcroft,

nor the mental reserves with which to argue with them.

 

I was much more savvy about it, having been through a business failure and bankruptcy

- although being as we weren't yet married, nor living together at that point, he didn't tell me much about his finances.

 

He doesn't receive phone calls from them, only the very occasional letter saying

they're open to negotiating a figure to clear the debt, which he never responds to.

 

What he's concerned about, now, is that we may be looking to purchase a property next year,

but with damning defaults such as this on his credit report,

I suspect we'll be lucky to get anything like a decent rate.

 

Then again, the record will be 6 years old by November next year, and so will naturally "fall off" his record anyway.

Share this post


Link to post
Share on other sites

I thought you said the debt had already dropped off?

 

goes on the defaults 6th birthday.

 

ok its good your ok with dealing with them.

 

ofcourse if Moorcroft have offer a discount again that's a sign of lots to reclaim!!

 

also look at their letters

 

it will say 'our client' that should give away the true owner.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...