Credit Agreement request from Moorcroft Debt Recovery Ltd

[ginnever]

Just to update you I have received copy of agreement, what now & who do I pay & who do I take up the penalty charges with argos or moorcroft?

[donbracho]

ARGOS the origianial creditor

[Ginger66]

Hi just picked up on all the previous.If only i knew about this site a year ago.

I also had a Nat West Gold credit card with a £6000 limit,god knows why they gave it to me.

Moorcroft at the time were the collection agency but i didn't get many of the letters as i had moved a couple of times.It turned out i ended up with a CCJ owing £6500.I have been paying off and have £2700 left.

 

I have written to Nat West requesting a copy of charges for the card last week.Once i have can i ask that they take into account that these charges also contributed to my CCJ and i would like it removed.Or is that wishful thinking.

Cheers

[glav]

Just to update you all, sent CCA request on 16 March 2007, reply received yesterday dated 26 March to say

 

"We can confirm that on this occasion we are unable to provide a copy of the signed credit agreement as requested. We are now closing this account and returning it to our client".

 

They also returned the postal order. Very quick to get rid of a "hot potato" me thinks.

 

 

glav:)

[pmhcfc]

Just to update you all, sent CCA request on 16 March 2007, reply received yesterday dated 26 March to say

 

"We can confirm that on this occasion we are unable to provide a copy of the signed credit agreement as requested. We are now closing this account and returning it to our client".

 

They also returned the postal order. Very quick to get rid of a "hot potato" me thinks.

 

 

glav:)

 

All hail the power of the CCA

[ODC]

Just to update you all, sent CCA request on 16 March 2007, reply received yesterday dated 26 March to say

 

"We can confirm that on this occasion we are unable to provide a copy of the signed credit agreement as requested. We are now closing this account and returning it to our client".

 

They also returned the postal order. Very quick to get rid of a "hot potato" me thinks.

 

 

glav:)

 

 

Can they ever.. Ha ha Moorcroft are so professional:rolleyes:

[kennyparkroad]

congrats, not laminate and keep that letter forever! (NO IM NOT JOKING!) lol

 

maybe worth CCA'ing or SAR'ing the original client so they dont sell it onto someone else?

[b8byd]

Hi all, long time no speak.

 

Followers of this post will know that I stopped paying Moorcroft for an old debt re a Natwest credit card after they failed to substantiate the debt with a copy of the credit agreement.

 

Now a different DCA (Allied International Credit) have sent me a card to say their client is requesting full payment. I still haven't received a credit agreement. Anyone got any ideas?

 

I sent the CCA request to Moorcroft not to NatWest, but Moorcroft wrote and said they were requesting the info from their client back in March.

 

I would appreciate any help.

 

Thanks

[PKea]

It seems like Moorcraft didnt have a copy and sent it straight back to natwest.

So natwest have given it to someone else

[kennyparkroad]

cut the head off of everything and CCA NATWEST

 

but also CCA Allied as they will probably pass it back anyway

 

this way if you CCA Natwest they cant pass it to anyone else until they satisfy your legal request.

[ODC]

AIC are a particularly nasty bunch of cretins. Moorcrap were unable to get the CCA from Nat Worst so there probably isnt one. Immediatly CCA AIC. Write to Nt Worst asking them for details of the complaints procedure as they have passed on a disputed debt to a scummy DCA. Complain to Natwest.

[b8byd]

Thanks for your excellent advice as always. Will write those letters out this evening.

 

b8byd

[b8byd]

By way of an update, I have written to NatWest with a copy of my original CCA request, expressing my disgust that they have subsequently passed on the alleged debt to another agency. I informed them that this debt is in dispute until I receive a copy of a credit agreement to substantiate it. Also copied the letter to AIC, telling them the debt is in dispute.

 

I'll keep you updated...

[ODC]

You can bet money AIC will ignore you and the threatening letters and calls will soon start coming. File them for your complaint

[b8byd]

Bring it on!

 

Will let you know what happens.

[b8byd]

Well here goes... got a letter from AIC today warning me that the following might happen:

 

An Attachment Order on my wages

Seizure of my assets

A Charging Order over my property

 

This is apparently my final warning. So does that mean they will stop sending me nasty letters?

 

Can somebody confirm that I am safe - as i've sent a recorded delivery lettering saying the debt is in dispute until my CCA request has been complied with. I got the standard letter from Moorcroft saying they haven't been able to get a copy of the CA so they are closing the account and sending back to NatWest. NatWest are in receipt of my complaint for instructing another DCA while the debt is in dispute, and they have responded with their standard complaint acknowledgement letter.

 

Does anyone think I should write to AIC, or maybe copy their letter to NatWest, or should I just sit tight?

[Curlyben]

I'd ignore it as you have told them what is going on and that you are in contact with the OC.

 

If you are feeling brave call them and make sure that this information is in their computer system.

It seems that you are simly getting automated nasty grams.

 

If you do call, make sure you hide you number, stay calm and professional at all times.

Agree to NOTHING.

If they ask for payment, refer them back to your CCA request.

 

Sometimes it can be fun talking to DCA's and hear them squirm.

 

Also DON'T use their 0870 number as they cost a bomb.

Have a search here: SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers

for their real number

[ODC]

Im with CB on this one. AIC are breaking all the rules with this one. If you feel in the mood for winding them up then ring them otherwise ignore them. You have made your position clear. There is no CCA so what are they going to use to get and attachment order on your wages, a charging order or seize your assets. It a computer generated threat letter. Next one will probablly be the ''we will instruct our doostep collection agent'' followed by '' we will make you bankrupt''

[b8byd]

This morning I received a copy of the credit agreement from NatWest, over 4 months after my CCA request. I had stopped making payments to Moorcroft (the debt collection agency at the time) after they were in criminal default. They therefore instructed AIC, another debt collection agency (see previous posts).

 

Having received a copy of the CA, I called AIC to arrange to resume payments (with my tail between my legs). I was extremely polite as I have heard how nasty these people can be, and I just wanted to set the payment plan back up and I was even willing to make a payment today. It appears I had heard right about them! I spoke to a Mr D Brown and I can honestly say I want to physically hurt that man now. How infuriating. I explained that I wanted to offer to pay the same amount I was paying to Moorcroft previously as I was still in exactly the same position financially. He said that the matter had gone too far for making payments and the only thing he was interested in was me settling the balance (around 3k). I said there was no way I could afford that, to which he replied - yes you can, you have assets (presumably he is talking about my house). I said there was no need for him to talk over me, and he said "don't be so childish Miss xx"! I told him I was not stupid and that he cannot seize my assets when I am making a reasonable offer to clear the debt, to which he replied "you clearly think you know more than you do... I think we should end this conversation now" and with that, he hung up!

 

Please help. Can they really take me to court for my house for just 3k when I am offering to pay all I can afford??

 

very distressed and worried

[Curlyben]

Put your offer of payment in writing and NEVER call these "people" again as they will only stress you out.

IF they decide to take further action then your offer of payment will stand you in good stead.

[BLADES65]

This morning I received a copy of the credit agreement from NatWest, over 4 months after my CCA request. I had stopped making payments to Moorcroft (the debt collection agency at the time) after they were in criminal default. They therefore instructed AIC, another debt collection agency (see previous posts).

 

Having received a copy of the CA, I called AIC to arrange to resume payments (with my tail between my legs). I was extremely polite as I have heard how nasty these people can be, and I just wanted to set the payment plan back up and I was even willing to make a payment today. It appears I had heard right about them! I spoke to a Mr D Brown and I can honestly say I want to physically hurt that man now. How infuriating. I explained that I wanted to offer to pay the same amount I was paying to Moorcroft previously as I was still in exactly the same position financially. He said that the matter had gone too far for making payments and the only thing he was interested in was me settling the balance (around 3k). I said there was no way I could afford that, to which he replied - yes you can, you have assets (presumably he is talking about my house). I said there was no need for him to talk over me, and he said "don't be so childish Miss xx"! I told him I was not stupid and that he cannot seize my assets when I am making a reasonable offer to clear the debt, to which he replied "you clearly think you know more than you do... I think we should end this conversation now" and with that, he hung up!

 

Please help. Can they really take me to court for my house for just 3k when I am offering to pay all I can afford??

 

very distressed and worried

 

Firstly you need to post the Agreement you recieved on here so we can advise you whether it is enforceable or not.

 

Secondly DO NOT have telephone contact with them. Make all offers in writing and then at least if it does go to court you will have copies of what you have sent and will be able to show you have made an attempt to deal with the matter.

 

The court will not take kindly to its time being wasted when the matter could have been dealt with prior.

 

They can only get a charging order on youir house after first getting a CCJ in relation to the debt and then only if you have not kept up payments in relation to the CCJ.

 

It is obvious that you are worried and in this respect Moorcroft have suceeded in their task. The next step is for them to use that worry to bully you into paying on their terms.

[ODC]

Sound advice from Blades. The so called agreement may not be enforcable. Seems strange that it has appeared after such a delay. Contact AIC and put the matter into dispute whilst you check out the authenticity of the agreement. I wonder is D Brown any relation to P Brown who sends out cards tellinhg people he is visiting them every Tuesday

[b8byd]

I don't have access to a scanner today, but this is what I got:

 

Credit Agreement regulated by the Consumer Credit Act 1974

 

Principal Cardholder: my name and address

Issuer: their name and address

 

Some blurb and a declaration

 

Then in the signature box:

 

This is a Credit Agreement regulated by the Consumer Credit Act 1974.

Sign it only if you want to be legally bound by its terms.

 

Signature of Principal Cardholder: [my signature]

Date: [dated in my handwriting]

 

Then a separate 2-page doc is headed Credit Card Agreement regulated by the Consumer Credit Act 1974 contains several terms and definitions although this document is not signed by anyone.

 

They've also supplied and up-to-date summary of my account showing my outstanding balance.

[BLADES65]

Really need to see the original. Do you have a digital camera if so use that.

[Curlyben]

b8byd, if thats all is on it then it does contain all the prescribed terms.

Is it signed by you AND them ?

Whats the page heading ??

 

Quote:

8.1 What are ‘prescribed terms’?

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

*

* rate of interest – see Q8.6repayments – see Q8.9.

 

Sch 6 was not amended by the 2004 Regulations.

 

Does it have ALL of these parts as well ??