Moorcroft CCA Request

[Catchleen]

I've had a look through the site and can't see if anyone else has had this before - I sent the template letter to Moorcroft with a postal order for £1 asking for a copy of the signed CCA relating to my Next Directory debt. They have replied saying "we can confirm that on this occasion we are unable to provide a copy of the signed Credit Agreement for the above account as we are no longer dealing on the above account. Please forward all future queries and payments direct to our client". They have returned the PO.

I'm probably being thick but does "our client" then mean Next Directory? And what should I do next - do I contact Next Directory or wait for them to get in contact with me?

Any help or advise would be gratefully received...

[winny14]

hi catchleen, this has also happened to me, over in the debt collection agencies section you will find a few people dealing with moorcroft.

mine is in connection with a catalogues with littlewoods. you might find some usefull information in my thread has i have had some great advice of people on here

caa requests not provided,help please this is my thread,

good luck to you:)

[rory32]

This fairly typical of Moorcroft. I would just send a CCA request to Next Directory as they are the creditor and obviously have not sold the debt. I wouldn't wait for Next to get in touch with you as this just delays matters.

[ScarletPimpernel]

Of course, you may also like to initiate a formal complaint against Moorcroft for pursuing a debt they couldn't prove existed, and processing your data without authority.

[Catchleen]

Thanks a million for the replies, I'll send the request to Next and see what I get back

[Catchleen]

After Moorcroft returned the account to Next, I then received letters from Roxburgh and CCA'd them. I didn't get an agreement back and when they had defaulted, I sent Next a non compliance letter with a deadline of 20 July.

I have now received 2 letters from Next. The first one is dated 21 March 2007, received 10 Aug, and the second letter received on the same day isn't dated at all!

The first letter says "I write to confirm that Next does not hold a signed credit agreement for you ... this debt is therefore unenforceable. We must inform you however that we have received legal advice that an unenforceable debt is still a debt. The goods that have been charged to your account have been ordered by and delivered to you, without payment in full having been made for them. Therefore your account remains in debt to Next Directory. In light of this, and in the absence of any evidence to suggest that you did not order and/or receive the goods delivered, Next will continue to see payment of the balance of £ owed by you. (they left the amount blank). A default entry will therefore be made on your credit reference file, which may affect your ability to obtain credit. Making payment to clear the balance will enable your credit files to show as satisfied."

The second letter then states "The above account that remains unpaid by the amount as indicated is being prepared for sale to an external Debt Collection Agency who, post this sale, will legally own the debt. To prevent this action and subsequent collections activity, please telephone Next Directory Collections Dept on 0844 ... between 12 & 5 Mon 13th to Thurs 16th Aug with your proposal for payment. This line will cease to be in operation from 5pm Thursday 16th at which point, should no communication have been received, the account will be sold."

My understanding is that without a CCA, they cannot enforce the debt as they state, but they can't sell it either. So their second letter is contradicting that. Also, because they wrote "balance of £ owed by you" and left the amount blank, are they writing it off or just lazy? I can't really afford a monthly payment at the moment so had planned to wait for a few months until our situation gets better and then offer a final settlement, but if they are going to sell it, then I won't bother. Has anyone had this before and any ideas what I should do? Any help appreciated x

[PriorityOne]

Next haven't got a CCA and therefore, cannot legally pursue you for payment. They are saying that they are now going to sell the debt on.... but without a CCA. whoever is stupid enough to buy it won't be able to enforce it either.

 

Whether they sell it or not remains to be seen... For now, it sounds as if they are just trying to intimidate you into making payments...

[fetsilva]

i had the same reply from moorcroft regarding cap1 too and have just sent a cca request to the second dca that are trying to claim it. will wait to see what they say lol.

 

i dont really mind if one man and his dog try to collect it coz they dont have a hope i'm just worried about how many £1's i'll end up sending out

 

let us know if you make that complaint and what happens.

 

good luck

[PriorityOne]

i dont really mind if one man and his dog try to collect it coz they dont have a hope i'm just worried about how many £1's i'll end up sending out

 

 

You don't need to keep on sending CCA requests out to different DCAs... if the account is still in dispute with the 1st one.

 

If you prefer, you can write (rec. delivery) to anyone who pesters you from now on, pointing out that a CCA request was received by xxxx on xx/xx/2007 and until such times as they are able to comply with your legal request for info. the account remains in dispute and is unenforceable.

 

[fetsilva]

thanks for the advice priorityone i will do that.

 

clicked on ur scales ;D

[Catchleen]

Thanks for the replies - I thought that they couldn't sell it on without a CCA but then when I got the letter, I started to doubt myself - but no more!!! Good point about the £1 PO's all the time, I'll remember that. I was going to set up a payment of a few quid but I'm not going to bother now, they can go to the back of the queue