Jump to content


Credit Agreement request from Moorcroft Debt Recovery Ltd


b8byd
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4967 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

We suggest that you take advice from your local Citizen's Advice Bureau or other similar organisation if you continue to doubt the veracity big words :grin: .... "veracity ?".... what's veracity ? of what we have told you about our having complied with our obligations under s78(1).

Veracity means conformance to facts, accuracy or habitual truthness :p

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • Replies 113
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 2 weeks later...

I have received a letter from NatWest today, as follows:

 

Thank you for your letter dated 31 July 2007.

 

Our position remains as stated in my letters of 28 June and 30 July 2007.

 

As we have complied with your request under the Consumer Credit Act, your indebtedness on this account remains due and payable and we will be pursuing you for the full repayment.

 

I trust this clarifies matters for you.

 

I've drafted the following - does anyone have any comments / advice / suggestions?

 

I refer to your letter dated 13 August in which you state that you have complied with my request under the Consumer Credit Act 1974 (CCA). I further refer you to my letter dated 31 July, the contents of which you appear to have overlooked.

 

I would remind you that the only correspondence I have received in response to my request has been an application form. Contrary to your understanding, an application form does not constitute a true copy of a credit agreement under the CCA. Furthermore, the application form you have provided does not contain all the prescribed terms and is not properly executed by both parties. This debt therefore remains in dispute and I do not acknowledge any debt to your company.

 

As I stated in my aforementioned letter of 31 July, you do not have consent to share my data with credit reference agencies whilst you remain in dispute of my request under the CCA. Therefore, please note that this letter represents a Statutory Notice under Section 10 of the Data Protection Act 1998 (“Data Protection Act”) to cease and desist from processing any data in relation to this account within 21 days of the date of this letter. If you do not comply with this Notice, I will forward my complaint to the Information Commissioner.

 

Furthermore, if you continue to pursue me in relation to the alleged debt, I will not hesitate to report you to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. As you are no doubt aware, any pursuance of this debt whilst you remain in default of my request under the CCA constitutes a criminal offence by your organisation.

 

Yours faithfully

 

I would be grateful for any comments!

 

Thank you

b8byd :D

Link to post
Share on other sites

Not bad try this:

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I look forward to your reply.

 

Yours faithfully

 

Edit as needed

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Thanks CB - I already sent that one and this is their response to it. That's why I start my letter by referring them to my previous letter (i.e. your template) because they have completely ignored its contents.

 

So do you think mine is ok to go - its bascially just reiterating what we've already said plus including a S.10 Notice as I would like the default removed?

 

Cheers

b8byd

b8byd :D

Link to post
Share on other sites

I've decided not to respond to their letter at this stage. I've said all I need to say so they are well aware of my position; and they must know that if they pursue me for the debt now they will be commiting an offence.

 

Noteably, the DCA have not contacted me (yet!) - perhaps they know they can't and NatWest threats are empty?

 

Anyway, i'm going to hold off and see what happens...

b8byd :D

Link to post
Share on other sites

simply send them the same letter with a cover

 

i refer you to my previous letter, the contents of which you seem to have ignored.

 

 

you could always be cheeky and INVITE them to take you to court, as you know its unenforceable anyway!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

Link to post
Share on other sites

I've decided not to respond to their letter at this stage. I've said all I need to say so they are well aware of my position; and they must know that if they pursue me for the debt now they will be commiting an offence.

 

Noteably, the DCA have not contacted me (yet!) - perhaps they know they can't and NatWest threats are empty?

 

Anyway, i'm going to hold off and see what happens...

 

simply send them the same letter with a cover

 

i refer you to my previous letter, the contents of which you seem to have ignored.

 

 

you could always be cheeky and INVITE them to take you to court, as you know its unenforceable anyway!

Dear Moorecrap

This matter is becoming tedious. I suggest you issue court proceedings forthwith.

I will be interested to see how a judge views your Vexatious Litigation of this unenforceable debt.

See you in Court and please cease and desist with the empty threats.

yours etc

  • Haha 1

Link to post
Share on other sites

  • 4 months later...

Hi guys - a belated update...

 

I have received no further correspondence from NatWest or any of the debt collection agencies since August 2007 so it seems they have got the message. However, there is a big fat default on my credit file which is updated every month. Does anyone have any suggestions as to where to go from here? I really need this default removed and they had no right to put it there seeing as I never signed a credit agreement........

 

Thanks in advance for any suggestions on the best course of action.

b8byd :D

Link to post
Share on other sites

  • 3 weeks later...

I've today sent a letter formally requesting them to desist from processing or disclosing my personal subject data (using the template in Curlyben's link above). Next step will be to either seek a Court Order or complain to the Information Commissioner.

 

Could a mod kindly change my thread title to "NatWest - CCA issues and default removal". Thanks!

b8byd :D

Link to post
Share on other sites

  • 2 weeks later...

Have now submitted a complaint with the Information Commissioner's Office.

 

Fingers crossed this works as I really want that default removed!

 

I will keep you updated...

 

PS: would a mod kindly change my thread title to "NatWest - CCA issues and default removal" - thanks!

b8byd :D

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...