Moorcroft Halifax CCA not signed

[AxlR]

I currently have 3 credit card debts which have been defaulted and are now with DCA's

and have been paying them off to varying degrees for 5 ish years.

 

I'm in the position where I can offer reasonable Full and final settlements,

so decided to send CCA requests to them all to hopefully help me with the negotiation.

 

Moorcroft initially wrote back saying that they had suspended the account whist they found the terms and that I didn't need to pay.

 

This is a Halifax card that was taken out in 2004 and defaulted in April 2010.

MY CRA shows it as settled with Halifax in June 2014 and now shows as Cabot with the same default date.

 

Now I've had a response back from Moorcroft who have sent 2 reconstituted(?) CCA's,

one for my previous and one for my current address.

Neither are signed or dated or have anywhere to sign or date.

They also both state that "we will decide your credit limit and tell you what it is". i.e. no credit limit

 

They've also included the letter from Halifax which states that "a copy of their signed application form will be sent under separate cover".

 

Now they are saying that they've complied with my request and I need to pay.

 

My query is,

am I right in thinking that because it's pre 2007,

I can go back to them and say that it's unenforceable until such time as they produce a signed

and dated CCA and also because there's no credit limit?

 

 

Or do nothing on the same basis?

 

 

The plan being to hold out and then start the f&f process.

 

Any advice would be appreciated.

[dx100uk]

recons are no good

yes they 'comply' but not for court purposes.

 

 

no need to tell them anything

 

 

cabot will write you now antway

 

 

Moorcroft were chasing for the OC

 

 

they can be ignored now cabot has it [they are not linked]

 

 

await cabots new move

 

 

all very well trying to pay the debt off by F&F

 

 

but it will do bugger all for your credit rating.

 

 

waste of money

 

 

the default is there for 6yrs paid or not.

 

 

have you lookedat PPI and penalty charges reclaiming?

 

 

dx

[AxlR]

Thanks for that, that's what I was thinking.

 

I've definitely got no PPI but I haven't checked for penalty charges. Do I need to SAR them for that?

[dx100uk]

yes

 

 

dx

[AxlR]

I've had a copy of my original signed terms back from Moorcroft. On my CRA this debt shows as Cabot.

 

I've attached the signed terms plus the single page that was attached (not dated but signed in 2004, a copy of terms in my current address and a copy of terms in my previous address (where I lived where I applied).

 

Any advice as to whether the signed form plus single page of terms changes anything re enforcability please?

 

Thanks

[dx100uk]

I cant see how page 2 T&C's are the reverse of the application form

and even if they were its an application form!

 

 

await the sar

[AxlR]

Quick update. I've had a reply to the SAR, stating that they don't hold any information other than my details and amount owed. Therefore, they've returned my postal order on that basis that I need to SAR Cabot.

 

So no more contact with Moorcroft then! I'll SAR Cabot and see what comes back.

[havinastella]

No point sending SAR to Cabot. The SAR goes to OC!

[renegadeimp]

Cabot rarely ever have the correct CCA. Food for thought

[AxlR]

I'll SAR the OC then, I'm sure there's charges to reclaim. Thanks

[AxlR]

Quick update - I've had a letter from Moorcroft saying that they've been asked by Cabot to stop collecting on this account on their behalf and to refer to Cabot if I have any future queries.

 

No response to the Halifax SAR yet.

[renegadeimp]

Cabot wont have the paperwork. What cabot will do ( instead of admitting the debt is uncollectable), is pass it around every DCA they can, hoping they break you down and you pay.

[chaddyowl]

Ignore till statute barred.

[renegadeimp]

Ignore till statute barred.

 

Not wise advice at all. Cabot will go to court if they think they can get judgement by default. If they dont, then they will sell it to someone who will. Ignoring a debt until SB is not a good idea.

[AxlR]

I'm not going to ignore it. I'm just biding my time for now until I can hopefully negotiate a decent full and final settlement. I don't imagine they're ever going to go away.