Hoist/Moorcroft and old Barclaycard Debt - no cca - advice needed

[LegalEagleUK]

Hi all,

 

I have some past debts which I am currently trying to get in order. Fortunately I managed to get one wiped off as they could not find the CCA.

 

But onto this one - Currently the Debt is with Hoist finance at £11582. It was originally a Barclaycard credit card which was taken out in 2004. 

It went into default in October 2016 so the 6 year enforcement period ends in 4 months.

 

They have sent letters via Moorcroft asking for the debt to be repaid so i sent a CCA request to Moorcroft/Hoist in March time. Both replied with we are looking into it etc etc.

 

Well the first reply since then Moorcroft have sent me a letter saying

 

"Our client has provided the statements requested please find them enclosed"

 

But I requested the CCA and all they have sent is, as far as i can see, a statement of the account. Several pages of charges but no agreement or anything.

Obviously I don't want to attach these here but as far as I can tell they are in no way a CCA.

 

They have said the debt is on hold until 9/7/2022.

 

Do i just write back saying that isnt a CCA and i want the debt wiped off?

Please advise

 

Thanks

 

[AndyOrch]

Quote

Do i just write back saying that isnt a CCA and i want the debt wiped off?

 

Welcome to the Forum.

 

No you do not write anything...you have made your legal request and they are fully aware of their responsibilities in compliance and failure to comply. As the debt is approaching  6years hence the flurry of activity I assume you have made no payment since the default and therefore its approaching Statute of limitation's ...IE statue barred ?

 

Andy

[LegalEagleUK]

Hi

Thanks for the reply.

 

Yes I had a bit of a episode last year and I decided to "sort my life out" , so all my old debts I began contacting and trying to sort out. I had another one outstanding but Lowell couldn't get the CCA for that and then wrote it off and it was removed from my credit report.

 

This is the last one left now. Last time I checked my Experian report it had a default date of 28/10/2016, after that it is statute barred yes? I have not made any payments since around March of 2016 (approx 6 months before the default date - I assume that's how they have set the default).

 

After the date of 9/7/2022, I expect Moorcroft to send a request for payment? Should I reply to that with a letter basically asking again  "where is my CCA?"

 

Thanks

 

 

[AndyOrch]

Quote

After the date of 9/7/2022, I expect Moorcroft to send a request for payment? Should I reply to that with a letter basically asking again  "where is my CCA?"

 

No...send our Statue Barred template....and wave goodbye,

[LegalEagleUK]

Ok, but surely it is not statute barred until end of October?

Or is it automatically statue barred because they cant find the CCA? Doesn't that just mean it's "unenforceable" 

 

Thanks again

[AndyOrch]

Then send it at the end of October or whenever it will be statute barred.

[LegalEagleUK]

And just ignore the crap they send as it's baseless and unenforceable (ie they need a CCA to get a CCJ)? 

 

 

[AndyOrch]

Correct....and be assured you have the most timid DCA chasing you Moorcrap...they don't buy debts and they don't go near court.

[LegalEagleUK]

ah right ok. It's been a bit confusing, Moorcroft and Hoist very much seem to want to be seen as separate but from the letters I have received they seem much the same.

I'm not entirely sure who owns the debt at this point as Hoist and Moorcroft take it in turns to send me letters.

 

I'll see what happens in July and post here if anything new comes up. Thanks again!

[dx100uk]

Moorcroft dont buy debts only act for their stated client, hoist the debt owners.

 

Dx

 

 

[comebackjimmy]

Can I stick my tuppence worth in regarding the SB date.

 

I think it is worth trying to find out what the SB date is.

 

The OP refers to a Default date on his Credit report but is that actually the correct default date or just the date that the default was reported to the CRA.

 

The legal default date is I think ten days or fourteen days after the creditor issues a Default notice, which might be different to the Default date shown on the CRA.

 

I think it is worth while issuing a SAR to the original creditor which should reveal the date that they sent their Default Notice.

 

You never know this could be very close to being stat barred already.