Credit Agreement request from Moorcroft Debt Recovery Ltd

[b8byd]

I refer to my previous thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/69738-credit-agreement-aktiv-kapital.html.

 

I've also just sent the CCA request to Moorcroft Debt Recovery regarding a "Gold Card" which NatWest threw at me the day after I turned 18 because I wanted to buy a car (even though I hadn't even passed my test yet; and which I crashed and wrote-off a couple of months later!). I eventually defaulted on the account about 4 years ago now and it has spiralled so out of control. I'm only paying a tiny amount each month and they have frozen the interest and any new charges thanks to the CCCS but I wonder how much debt (if any) would be left if the charges were reclaimed. Obviously that's my next step if Moorcroft DO come up with a Credit Agreement.

 

Anyway, wondered if anyone had dealt with Moorcroft in relation to getting a copy of the CA? Would be interested to hear what happened.

 

Also - can anyone suggest what I should do if they CAN'T come up with a credit agreement. I understand that the debt is unenforceable in court without a CA but that it will still "exist". And if Natwest or Moorcroft come up with a CA at a later date, then I will be obliged to pay the debt back.

 

That would be fine and i'd accept that as the situation. But i'm concerned that the recent media coverage regarding unlawful bank charges will prompt some sort of reaction by the Courts or the Government and a ruling will be made. I can only imagine that they would not make any decision retrospective for policy reasons, so basically i'd be stuck with all the charges already added. If that is likely to happen - maybe I should just accept the debt with or without a CA and reclaim the charges now while the iron is hot. Because surely if the debt is unenforceable I wouldn't be able to acknowledge the debt by (1) sending the SRA and (2) reclaiming the unlawful charges on it! Or have I just completely made no sense at all?

 

 

Can anyone help with this? Thanks so much in advance.

 

b8byd

[PriorityOne]

Moorcroft are also one of mine. I found this site after making payments for 4 years. I sent a CCA request in the New Year and heard nothing. My Standing Order was cancelled as soon as they defaulted... and I have still heard nothing !!

 

In my case, the debt was very old (not in a statute-barred kind of way) and had obviously been sold. If you send a CCA request off and the debt has not been sold however, Moorcroft will pass it back to the original creditor and you can then issue a SAR to re-claim any unlawful charges to reduce the amount owing.

 

I suppose you could re-claim your charges without the CCA request, but then, the debt will remain with Moorcroft. Did the balance "spiral out of control" before it was passed/sold to Moorcroft.... or has the balance spiralled while it has been with Moorcroft ?

 

[b8byd]

Hey, thanks for your reply. Yes the debt was vastly over my credit limit before being passed to Moorcroft because of charges from NatWest. I'm not entirely sure if any charges were added by Moorcroft. In any case, no charges or interest are being added at present.

 

I hope you don't mind me asking:

1. How did you find out your debt had been sold to Moorcroft?

2. If a DCA who receives a CCA request doesn't own the debt, are they under any obligation to let me know and/or forward the CCA request to the creditor?

 

Thanks again!

b8byd

[PriorityOne]

Hey, thanks for your reply. Yes the debt was vastly over my credit limit before being passed to Moorcroft because of charges from NatWest. I'm not entirely sure if any charges were added by Moorcroft. In any case, no charges or interest are being added at present.

 

I hope you don't mind me asking:

1. How did you find out your debt had been sold to Moorcroft?

2. If a DCA who receives a CCA request doesn't own the debt, are they under any obligation to let me know and/or forward the CCA request to the creditor?

 

Thanks again!

b8byd

 

It sounds as if there could be quite a few charges to claim back on yours then.

 

My debt went form the original creditor, to an in-house DCA (owned by the original creditor) and then Moorcroft. The first I knew about it was when Moorcroft wrote to advise me that the accout was now under "our control"... about 4 years ago. They have never really hassled me, but, I now realise that this is probably because they never had the Agreement either !! As the debt has been going on for around 7 years, I assumed that it had been sold to Moorcroft by the in-house DCA and the fact that there has been no docs., proves this point.... or, it could be that because they have had around £1,100 out of me over 4 years... that they have made their money and decided to leave it alone.

 

If the DCA doesn't own the debt, I believe that they would write and tell you that the account has been passed back to the original creditor... or the OC will contact you themselves. You can then issue a SAR to the original creditor to re-claim the unlawful charges, reduce the amount owing and negotiate a repayment plan on the remaining balance.

 

[b8byd]

Thanks again PO.

 

I'll keep this thread updated when I hear anything back.

[PriorityOne]

Good luck....

[b8byd]

Got a letter from Moorcroft this morning, as follows:

 

Thank you for your request for a signed copy of the relevant agreement under the CCA. We will contact our client and request the relevant information and ask that it be provided as quickly as possible.

In the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.

 

Please confirm whether, for example when making a statement of truth in connection with any court proceedings, you will be giving evidence as to whether or not you did not recive the goods/credit ordered.

 

Please could you provide this information by return. We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

 

When I first read this letter, I was quite alarmed but i'm thinking now that that was maybe their intention. By inferring at this stage that if I dispute the account its a given that it will end up in court might be a tactic to try to prevent me from disputing the debt??

 

Am I under any obligation to respond to this letter? If I don't respond, does the time limit for my CA request remain the same?

 

Thanks!

b8byd

[ODC]

Got a letter from Moorcroft this morning, as follows:

 

Thank you for your request for a signed copy of the relevant agreement under the CCA. We will contact our client and request the relevant information and ask that it be provided as quickly as possible.

 

In the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.

 

Please confirm whether, for example when making a statement of truth in connection with any court proceedings, you will be giving evidence as to whether or not you did not recive the goods/credit ordered.

 

Please could you provide this information by return. We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

 

When I first read this letter, I was quite alarmed but i'm thinking now that that was maybe their intention. By inferring at this stage that if I dispute the account its a given that it will end up in court might be a tactic to try to prevent me from disputing the debt??

 

Am I under any obligation to respond to this letter? If I don't respond, does the time limit for my CA request remain the same?

 

Thanks!

 

b8byd

This is just one of their STANDARD Letters. Its up to them to supply you with proof. Its not up to you to tell them how you will be contesting the alleged debt. Ignore it and let them breach the CCA. They know the law and are bluffing in the hope you will back down

[b8byd]

Thanks ODC, will just sit and wait then.

 

b8byd

[ginnever]

looks like a few of us on hear received the same letter yesterday

 

As

[ginnever]

looks like a few of us on hear received the same letter yesterday

 

As long as we all stick together

 

Will keep an eye on your postings - Good Luck

[ole]

hi i received the same letter as you lot, dated 6th march, having read the post i am not as worried thanks to all of you for posting.

[kennyparkroad]

b8byd

 

any updates?

[b8byd]

Hi Kenny, got a letter from them yesterday (which seems to be a standard response) - see no. 7 above. If nothing is forthcoming by the 15th i'll cancel my payment to them :o

 

(bit scary)

[PriorityOne]

Don't be scared.... just cancel as soon as they default !!! I have not paid them anything for over 2 months now....

[ginnever]

Question

 

What happens to the money still outstanding?

 

As I have a debt with argos and then penalty charges were applied - Then received letters from Moorcroft started to pay them and now I have asked them for the CCA

 

If they don't send details who do I pay or don't I owe anyone -

[PriorityOne]

Question

 

What happens to the money still outstanding?

 

As I have a debt with argos and then penalty charges were applied - Then received letters from Moorcroft started to pay them and now I have asked them for the CCA

 

If they don't send details who do I pay or don't I owe anyone -

 

It all depends on whether the account has been sold to Moorcroft... or just passed to Moorcroft for collection on behalf of Argos.

 

If they are collecting on behalf of Argos, then the account will be passed back and you can deal with Argos directly. If they have bought the debt however, then without the CCA.... they get nothing !

 

[ginnever]

How will I find out if the debt has been sold or Moorcroft as acting as the collectors?

 

I dont think that anything has been entered on my credit file.

 

Will they enter anything at this stage

[PriorityOne]

How will I find out if the debt has been sold or Moorcroft as acting as the collectors?

 

I dont think that anything has been entered on my credit file.

 

Will they enter anything at this stage

 

Moorcroft will either write and tell you that the account has been passed back (very unlikely) or, the original creditor will contact you themselves. If the account has been sold however, then there will be no further contact from the original creditor... and Moorcroft can get stuffed.

 

It may be an idea to get a copy of your credit file from Experian, Equifax and .... there is one other one, but the name escapes me.... You can then see if any defaults have been entered against your name and by which company.

 

[ginnever]

My 12 days were up on the 20th & I haven't heard a thing from anyone

 

What do I do Now?

[ODC]

My 12 days were up on the 20th & I haven't heard a thing from anyone

 

What do I do Now?

Sit tight. They are in default. In One calendar month they will have committed a ciminal offence

[kennyparkroad]

stop payments if you havent already

 

and then 1 calender month, if they still havent produced the documents, then they have committed a criminal offence

 

sit back and wait!

[glav]

Hi all,

 

I sent Credit agreement request to Moorcroft last week in respect of outstanding balance with Littlewoods and received standard reply today (from what I've read on this thread). Their reply is dated the same day they received the request. Am I right in thinking that I just sit tight and don't need to respond? The 12 working days are not up until 3rd April. Any advice greatly appreciated.

 

glav

[kennyparkroad]

glav, start your own thread, might get more help there.

 

but if the CCA has been sent and the have gotten it, then sit tight dont do a thing, and dont talk to them on the phone!

[b8byd]

Just to update you guys - i've stopped making payments to this company until they can substantiate the debt. I'm waiting for a nasty letter now!!