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Moorcroft CCA request and reply


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OK folks, another one. Moorcroft this time.

 

I CCAd them at the same time as the others on my other threads. They replied once only, stating:

 

We will contact our client and request the relevant information and ask that it be provided as quickly as possible.

 

This suggests the debt isn't theirs but that they are acting on behalf of HSBC, the OC.

 

They go on to say:

 

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 (veiled threat) or further investigation. Please could you give an indication of the information you will be providing (?!), when giving evidence in 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 receive the goods/credit ordered.

 

Please could you provide this information bt 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.

 

What are they on about? Do they really expect me to spell out my intended course of action to them? That's what it sounds like.

 

Note also the (deliberate?) strange syntax in the next to last para: " ..whether or not you did not receive the goods/credit ordered." :eek:

 

I didn't reply to the letter

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Hi there Yog

 

I can only speak from personal experience here - I am not legally qualified - but personally if I received such a letter I would totally ignore it as in my opinion they have no right whatsoever to be asking you for this information (I am sure someone will correct me if I am wrong).

 

As far as I can see, they have not responded to your CCA and provided you with a properly executed agreement. This is the main issue right now. In my opinion you now need to start to count down the days until they (a) default and (b) commit an offence if they do not provide you with a properly executed agreement. If you sent your CCA by recorded delivery you may wish to track and trace it on the Royal Mail website to see exactly what date it was received and signed for by Moorcroft.

 

I personally would ignore this letter you have mentioned (however save it for future reference). It may well be they have no such agreement they can provide you with, and this is their way of delaying things and trying to blind you with science! I would tell them nothing and just wait for them to hang themselves.

 

Hope this helps

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Someone in Moorcroft is trying to be a smart *rse. Ignore the letter. They have no right to the information prior to proceedings. They however have to deal with your CCA. This is a tactic I believe to try and frighten you off.

 

The ball is in their court (so to speak, please pardon the pun). The clock is still ticking.

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  • 5 weeks later...

Me neither!

 

Will keep watching out for it.

 

Have a nice weekend Yog :D

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • 2 weeks later...

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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UPDATE: Moorcroft have now written to giveme until 19th August to pay £50 or they will commence legal action.

 

I'm still unsure about the credit agreement. As it's a fixed sum loan, the Act states it only needs to show the "amount of credit". The loan amount of £10,510 is clearly shown on the agreement above. I am assuming this is the"amount of credit" and differs from the total repayable. In this case, it seems the agreement is enforceable. Can anyone advise, as time is short if I want to avoid getting into a losing fight.

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I don't see, "total cost of credit", nor a total amount repayable.

 

Hi again

 

If they have not sent you the terms and conditions which clearly relate to this agreement then in my opinion you have an argument, also as diskmandave says, there is no total cost of credit or a total amount repayable.

 

I'll bump your post now so that others can have a look too.

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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