Moorcroft v Marshall Ward - THROWBACK! what do i reply???

[janinem1974]

HI.

i sent a request for the original credit agreement with £1. to Moorcroft to a debt they hold for me form Marshall Ward.i posted this Recorded Delivery on 27 Feb. i had their letter today, 9 march (dated 6 march) with the following :

 

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 aleged 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 receive 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.

 

1. do i have to reply to this or is it a stalling tactic to allow them more time to produce the agreement?

2. what dates do i actually start counting from to ensure they default etc, is it the date i posted the letter or when they received it etc?

3. as they are writing to Marshall Ward, do i have to allow them extra time to obtain the agreement?

4. they have missed out a letter in my surname, in the letter i wrote requesting the agreement i spelt my surname correctly, yet in this reply they spelt it wrongly again - can i use this against them?

5. if i do need to reply to this letter - WHAT THE HECK AM I SUPPOSED TO SAY??? is there a template letter as i need HELP!!! (i didnt not mention going to court once in my letter, merely requested the agreement)

 

MANY THANKS FOR YOUR HELPFUL REPLIES IN ADVANCE

[fetsilva]

i have had exactly the same reply today from them word for word lol and they i have noticed on this site this seems to be a standard letter because i didnt mention anything about court in the letter just a standard cca request. dumb ppl.

 

will check ur thread to see what i should do too

 

good luck

 

oh and they also missed out a letter in my surname too odd or what

[janinem1974]

HI, i will keep an eye on yours too!!!

Good luck.x

[PriorityOne]

1. do i have to reply to this or is it a stalling tactic to allow them more time to produce the agreement?

2. what dates do i actually start counting from to ensure they default etc, is it the date i posted the letter or when they received it etc?

3. as they are writing to Marshall Ward, do i have to allow them extra time to obtain the agreement?

4. they have missed out a letter in my surname, in the letter i wrote requesting the agreement i spelt my surname correctly, yet in this reply they spelt it wrongly again - can i use this against them?

5. if i do need to reply to this letter - WHAT THE HECK AM I SUPPOSED TO SAY??? is there a template letter as i need HELP!!! (i didnt not mention going to court once in my letter, merely requested the agreement)

 

 

As advised, this is a bog standard letter.

 

1. Do not reply.... it is not up to you to inform Moorcroft of their legal obligations. The original time-frame of 12 days + 1 calendar month still applies.

 

2. The 12 working days begin from the date they receive the letter.

 

3. No, you do not have to allow them extra time. They should have had the CCA in their possession before demanding payment.

 

4. Irrelevant.

 

5. You do not need to reply at all !! If they default, then there is no need to contact them ever again. Moorcroft defaulted on my CCA ages ago. I have never received any letters whatsoever, despite paying them for 4 years and despite cancelling my Standing Order as soon as the 12 days had passed.

 

[ginnever]

HI.

i sent a request for the original credit agreement with £1. to Moorcroft to a debt they hold for me form Marshall Ward.i posted this Recorded Delivery on 27 Feb. i had their letter today, 9 march (dated 6 march) with the following :

 

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 aleged 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 receive 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.

 

1. do i have to reply to this or is it a stalling tactic to allow them more time to produce the agreement?

2. what dates do i actually start counting from to ensure they default etc, is it the date i posted the letter or when they received it etc?

3. as they are writing to Marshall Ward, do i have to allow them extra time to obtain the agreement?

4. they have missed out a letter in my surname, in the letter i wrote requesting the agreement i spelt my surname correctly, yet in this reply they spelt it wrongly again - can i use this against them?

5. if i do need to reply to this letter - WHAT THE HECK AM I SUPPOSED TO SAY??? is there a template letter as i need HELP!!! (i didnt not mention going to court once in my letter, merely requested the agreement)

 

MANY THANKS FOR YOUR HELPFUL REPLIES IN ADVANCE

 

Hi

 

I received exactly the same letter yesterday dated 6th March

 

If it is OK can I keep looking at your postings and maybe helping each other along. I have posted in another thread somewhere (not sure where if you look under ginnever the sam thing) very interesting.

 

In my opinion though if they are asking for a copy of the cca they don't have it. And I was not responding to any of their requests. Thought the bit about when making a statement of truth, ha,ha

[janinem1974]

Hi Ginnever - please check in on mine as often as you want, i will be posting EVERYTHING i ever get or hear from them.

 

Hi PriorityOne - thank you so much for letting me know what to do. i didnt want to cause any issues by not replying to them (just in case it ever ended up in court). also for clearing up dates and timescales they have to respond to.

 

we will wait and see what they say next......

[b8byd]

For the sake of sticking together, just wanted to pop in and say hi, because i'm at the same stage as you guys. Sent the CCA request 27 Feb and they responded on 6 March with the same standard letter. Although they managed to spell my surname correctly! Feel free to take a look at my thread, as i'll post any updates on there.

 

Good luck

[lisa2393]

Hi Guys,

 

just to let you know the 30 day deadline for moorcroft to supply my CCA has now expired and I have heard not a peep from them.

 

I had the exact same letter as you as have a fair amount of others.

 

Don't worry and don't reply, it is very doubtful they will be able to comply.

 

Best wishes x

[ginnever]

Hi all

 

If they don't respond with the cca does that mean we don't pay anyone anything at all?

 

i will agree that I owe some of the debt to argos but not all because of charges it applied to the account - late payments

 

At the minute I am not paying anyone anything, I did start off paying to moorcroft but then thought eh up maybe I shouldn't be doing this!

Cheers

[itsamomentintime]

Hi all

 

If they don't respond with the cca does that mean we don't pay anyone anything at all?

 

i will agree that I owe some of the debt to argos but not all because of charges it applied to the account - late payments

 

At the minute I am not paying anyone anything, I did start off paying to moorcroft but then thought eh up maybe I shouldn't be doing this!

Cheers

 

no cca agreement = no debt

 

its that simple

[lisa2393]

Hi,

 

just be aware that Moorcroft may pass the original debt back to Argos who then could possibly start chasing you again but if Moorcroft did not produce the CCA then request one from Argos too, if Argos fail to produce one the debt is unenforceable unless they go to court.

 

Have you requested your SAR from Argos, that may be your next step and claim back your charges. It's worth knowing that when you claim back your charges they will try and deduct the amount of your debt to them.

 

Hope this helps, keep us up to date x

[PriorityOne]

Hi,

 

just be aware that Moorcroft may pass the original debt back to Argos who then could possibly start chasing you again but if Moorcroft did not produce the CCA then request one from Argos too, if Argos fail to produce one the debt is unenforceable unless they go to court.

 

 

Argos would still need to produce a CCA in court to re-enforce the debt. If Argos do not produce a CCA.... they cannot enforce the debt in court either. No CCA = no debt, until/unless they can produce a CCA.

[ginnever]

Hi,

 

just be aware that Moorcroft may pass the original debt back to Argos who then could possibly start chasing you again but if Moorcroft did not produce the CCA then request one from Argos too, if Argos fail to produce one the debt is unenforceable unless they go to court.

 

Have you requested your SAR from Argos, that may be your next step and claim back your charges. It's worth knowing that when you claim back your charges they will try and deduct the amount of your debt to them.

 

Hope this helps, keep us up to date x

 

Hi Lisa

 

That is what started all of this off because I requested my charges of over £500 from Argos who only wanted to part pay I refused. I was paying as normal no arrers or anything then I thought blow it, sod um all, at some point they will stop adding charges & interest etc. and very quickly moorcroft became involved. They said I had to pay £100 a month I phoned them up and they were very nasty on the telephone. as I only made a payment of £50. they sent a letter thanking me for the payment. Two weeks later I received a letter saying that I was in arrears and that if I didn;t pay they would persue the claim thro the courts. Hence I wrote to them saying I wanted the CCA - and now the letter that we have all received.

As they are going to ask Argos for the cca they obviously don't have it in there possession.

5 working days and counting....

 

cheersx

[Robdblynd]

Hi all,

 

Just joining what appears to be the "Moorcroft Club".

 

I got exactly the same bog standard letter as everybody else yesterday. Made me laugh actually but if I hadn't found this site I'd have been panicking.

 

Like most of you, I CCA'd them & got that response.

 

Will be watching to see what happens & starting my own thread.

 

Good luck all.

 

Tricia.

[ginnever]

Hi Tricia & welcome

 

It has been 7 working days since they received my claim I am still waiting!

 

keep us posted

[Robdblynd]

Thanks for the welcome.

 

I've started my own thread on this so I'll keep everyone posted on what happens.

 

Having had dealings with this lot before all I will say is 'stick it to them', they can be very nasty when they feel like it and until I found CAG I'd have been falling over myself to do as they dictated.

 

Not any more. Thank the lord we're all standing up for ourselves at last, maybe these DCAs will get the message that we might owe money & be willing to pay it but we're not gonna be ripped off by the likes of them.

 

Keep at 'em everybody.

[janinem1974]

HI.

i sent a request for the original credit agreement with £1. to Moorcroft to a debt they hold for me form Marshall Ward.i posted this Recorded Delivery on 27 Feb. i had their letter today, 9 march (dated 6 march) with the following :

 

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 aleged 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 receive 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.

 

1. do i have to reply to this or is it a stalling tactic to allow them more time to produce the agreement?

2. what dates do i actually start counting from to ensure they default etc, is it the date i posted the letter or when they received it etc?

3. as they are writing to Marshall Ward, do i have to allow them extra time to obtain the agreement?

4. they have missed out a letter in my surname, in the letter i wrote requesting the agreement i spelt my surname correctly, yet in this reply they spelt it wrongly again - can i use this against them?

5. if i do need to reply to this letter - WHAT THE HECK AM I SUPPOSED TO SAY??? is there a template letter as i need HELP!!! (i didnt not mention going to court once in my letter, merely requested the agreement)

 

MANY THANKS FOR YOUR HELPFUL REPLIES IN ADVANCE

 

 

just an UPDATE 15 March:

 

MORRCROFT / MARSHALL WARD: i'm still counting the days down........#

 

(i too have had Moorcroft return my PO and have said they have handed my debt back to Argos - havent even started my thread on that yet!)

[ginnever]

Hi Tricia & welcome

 

It has been 7 working days since they received my claim I am still waiting!

 

keep us posted

 

still counting.....................

[janinem1974]

just an UPDATE 15 March:

 

MORRCROFT / MARSHALL WARD: i'm still counting the days down........#

 

(i too have had Moorcroft return my PO and have said they have handed my debt back to Argos - havent even started my thread on that yet!)

 

Hi all.

for those who are having dealing with Moorcroft:

I have the SAME PERSON dealing with MARSHALL WARD and LITTLEWOODS.

a Mrs K Dyke.

Both letters were sent indentical and both returned my £1. PO.

 

Seems like Moorcroft are getting a bit fed up with us.......

here's to seeing what the catalogues come back with as i have not heard who is dealing with me now Moorcroft has handed the account back and they are BOTH now CLOSED with them!

[ginnever]

Just to keep you posted I haven't heard a thing from anyone.

 

My 12 days were up on the 20th....

 

No letters no returned PO what now?

[PriorityOne]

Just to keep you posted I haven't heard a thing from anyone.

 

My 12 days were up on the 20th....

 

No letters no returned PO what now?

 

 

You don't pay them !

[ginnever]

You don't pay them !

 

It is not that I don't want to pay Argos as I still have some debt with them, I don't want to pay the penalty charges!

 

So do I not pay anyone anything?

[b8byd]

At the moment, you don't pay anything until such time as they can prove the debt (and the only way they can do this is with a copy of the signed credit agreement).

 

If they do happen to come up with the agreement, then you can try to reclaim all the unlawful charges - but there's no point doing that until they can enforce the debt .

 

Does that make sense? I'm sure someone will correct me if i've explained that badly.

 

Here's hoping you get no reply from them!

 

b8byd

[ginnever]

Guess what?

 

I have just received a copy of my agreement.

 

What do I do now?

[sea-sidelady]

Im just bumping this up.