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NATWEST/Moorcroft - cca response


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Sent a C.C.A. to moorcroft regarding a debt with Nat West who I have been paying 10.00 per month for past four years...recieved this letter this morning.....

 

"I write in response to your recent dispute in relation to the above account and can confirm we have been in contact with Nat West who have advised us that they are unable to provide a copy of the agreement due to the age of this account

 

I trust the above response has now resolved your dispute.I can also confirm I have placed your account on hold until 10th Feb 07 and request you make immediate contact with our call centre on the above number to discuss a repayment proposal you can afford and maintain.

 

However if you are unhappy with the information provided please contact us by return (or in any event prior to the above date)"

 

what response should I send them apart from one that is rude???

:mad:

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Until recently I would have said stop making payments as they are in default with respect to the CCA by not providing the true signed copies, but voices on the site are getting louder to say a creditor does not really have to provide the agreements under the CCA anyway

(check threads "CCA and time limit" and "Original Loan Agreement" in the forum)

So I really do not know anymore

There have been some debates about it...

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If Moorcroft cannot come up with the CCA, then they have no legal right to collect payments from you. If they have defaulted, then they cannot enforce the debt without producing the document in court. By the sound of that letter, they will not be able to produce it and you are in the clear.

 

Moorcroft defaulted on one of mine and I cancelled their Standing Order last week. As soon as the calendar month has passed, I willl be claiming for all my payments back over the past 4 years.

 

:)

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thanks priorityone.....so with moorcroft admiting natwest do not have the agreement should i write back to moorcroft to reask for the deed of assignment, if they dont have one of those they cannot ask for payments surely....

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If Moorcroft have been chasing you... and it is Moorcroft you have been paying, then do not pay them any more. They cannot enforce the debt without going to court and I very much doubt they would even try to go to court without the documents. Until they can produce the CCA, you are home and dry.

 

If they have not bought the debt, then NatWest may contact you.... but if you have been paying Moorcroft for 4 years and NatWest have said that they don't have the CCA either... it looks very unlikely.

 

:)

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I sent a s.a.r. to Nat west, funnily they sent a letter back and said they could not find the account I was refering to,(the account number was given by Moorcroft to me over the phone) i sent nat west this letter last week:

 

"Thank you for your letter dated the xxth of January 2007 which I received on the xxth of January 2007, I have phoned the Debt Collector Agency that ‘NatWest’ had apparently appointed and they gave me the account number you are requesting.

 

I look forward to receiving the necessary documents I requested in my last letter dated 5th of January 2007"

 

Its now in the hands of NATWEST i will now stop the standing order to moorcroft.

 

what worries me is the wording of moorcroft's letter (top of thread)

why put account on hold?

how would their answer in this letter resolve my dispute???

 

tempted to write a letter to moorcroft (just for my records) saying this has not resolved my dispute, only that they have no right to pursue the debt and my dispute is now with Nat west. what ya think??..........

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Have Moorcroft defaulted yet ? Let them default (12 days from receipt of your request) and then wait a further calendar month before writing to them again. Ignore all threats of legal action.... they would need to produce the CCA in court. If they can't produce it for you, then it's unlikely they will be able to do it in court... by which time, they will have committed a criminal offence as well.

 

No doubt you will get all kinds of intimidating letters... just file them away for safe-keeping...

 

If a calendar month passes (after the 12 days) and there is still no agreement, you can write to them then and claim all your payments back.

 

:)

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  • 2 weeks later...

recieved the s.a.r. fron natwest today.........charges add up to considerable amount..... more than what moorcroft are chasing.......ws wondering to send letter to moorcroft on the lines of:

 

I do not acknowledge any debt to your company.

 

To date you have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement and have therefore defaulted in respect of the above account.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court.

 

The above account therefore remains in dispute.

 

as gratefully recieved from priorityone....:rolleyes:

 

as the deadline moorcroft gave me runs out tomorrow.... then i will now start with letter re charges to natwest.

the statements show all payments from moorcroft that i made.

 

any comments?..............

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Hi Sandrock

 

It is my understanding that if you do not acknowledge the debt then you cant ask them to pay back charges as you dont acknowledge the charges either.

 

You have to make up your mind whether you would like to reclaim the charges and pay their overdraft with the charges - leaving you a sum to yourself. You can then ask for the default to be removed as it was caused by charges.

 

Alternatively, if you dont acknowledge the debt - go for the waiting 30 days etc, and then advise them that you will be reclaiming all the money you have paid to them. It depends on what is going to give you the most money at the end of the day.

 

If it was me, I would go down the route of reclaiming the charges, pay off the overdraft and then keep the rest. That way you know that everything is clear and you can sleep at night knowing that is the end of the matter. Just my thoughts though and it is entirely up to you to decide what you are going to do.

 

Either way, you must write to Moorcroft and let them know what you are going to be doing.

 

You have to make the choice.

 

Good luck

Gemspan

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  • 3 weeks later...

update...........

 

recieved letter after me sending out request for charges with interest.

 

offered me the amount I 486.00 which is more than what is owed and which is basically the amount i was orginally overdrawn when the account was closed and sent to moorcroft.

 

the offer of 486 is tempting but they have not included interest on this amount or anything about removing my default which related to this overdraft in the first place.

 

I want to go for the full 1,196.00 whic includes interest on the 486.00 WHAT LETTER SHOULD i NOW SEND OR DO I JUST ACCEPT THEIR OFFER

 

HELP........

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Hi there

 

Send a letter back accepting this sum in partial settlement. Also advise them that you require the default to be removed as part of any settlement. They will probably offer you more and remove the default. That would be a great outcome. Alternatively, you could hold out for the whole amount but you may not get it. There have been occasions when peeps claiming compound interest do not get it and you will be left with fees to pay etc, etc.,

 

If your main aim is to rebuild your credit rating then I would accept the offer on the clear understanding that all relationships, defaults etc., between you and them are removed from all CRAs.

 

Hope this helps. You may have to fight for the latter but it will be worth it. Thats what I am about to do.

 

Kind regards

Annie

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