Moorcroft/Help please

[pecky1]

Hi NP

Heard nothing since last letter telling me they have put account on hold. I am not going to bother to reply as on my above threads they havent complied with my request.

Have also heard nothing from Argos so i am playing a waiting game.

Presume you are still waiting for your CCA from Moorcroft

Will update as soon as I hear anything are you still getting phone calls from Moorcroft?

Sue

[The Reverend]

Hi pecky,all the best with your fight with Moorcroft,following this and the other Moorcroft threads with interest as they are also on my list

[N.P]

Hi pecky1 (Sue - getting personal now, LOL),

 

I was just checking. No, I haven`t heard a thing either, no more letters or calls. I wonder what plan they`re thinking of? I wonder if they`ve caught on to the fact that the joint members of the CAG are smarter than themselves and have gave in, LOL.

 

I post as soon as I get something back. one way or the other.

 

Welcome on board Reverend, there are quite are few of us on here now against Morecrap, Moroncroft or whatever the hell they`re called, I can`t remember as they don`t come into my thoughts. Do you have a thread? I`ll have a check later.

 

Catch you all again.

 

 

N.P.

[The Reverend]

Hi N.P,no not as yet,but very soon,like i said they are next on my list

 

 

 

I will be making a separate thread when i do,as i've said before this is a great site,with some brilliant peeps

[pecky1]

Recieved today from Moorcroft a Notice of Ligtigation

To prevent above action i must either pay in full or phone them by 27th of this month.

If I do not respond to this letter we will assume that you are purposely avoiding repayment of this debt and will take the necessary steps to secure settlement which may include isssuing legal action against you.

Solicitors costs £80.00

Court Fees £111.00

Solicitors Fees for Entering Judgement £25.00

Total £216.00

PLUS £12.00 for sending me this Letter!

 

Now advice needed. Do I reply that they have only sent application form and not complied with CCA request also will nowl be over the time limit, or as Argos already have told me that they still own the Debt do I inform Moorcroft that this debt is now unenforciable as they dont legally own it. As they have not given me any proof. Or maybe I should threaten them with claiming the charges back that they want to put on my account.

 

Perhaps I need one of Curlybens reply Letters Please

[Curlyben]

No worries send em 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 would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

Edit as needed.

[pecky1]

Thank you Curlyben knew you would come to the rescue will send ASAP.

[N.P]

Hi pecky1,

 

About time we had some action here, I was getting bored, LOL.

 

Anyway, from what we`ve seen on here so far from these muppets, it looks like one of their standard scare letters.

 

Note, that they say they MAY issue legal action against you?

 

Remember, they have only sent you the Application Form which is unenforceable and not a genuine properley executed CCA.

 

Yes, maybe one of Curlybens strategicly worded letters could remind them that a Application Form is NOT a CCA, and that they are still a bunch of muppets.

 

I wouldn`t worry too much at the moment and as for the charges go, I would only bother with that if and when they do turn up with the real CCA, then you can annoy them even further by setting up a pay plan minus any profit making charges. You could charge them £12 a time for each letter you send to them and threaten them with legal action if they don`t pay up, that should confuse them.

 

Personnaly, I would just send a counter attack letter thanking them for complying with your CCA request, but unfortunately an Application Form is unacceptable, and if they have any problems with that you would welcome a Judges decision, which we all no, couldn`t enforce it anyway.

 

It`s upto pecky.

 

Someone with more experience of Morecrap will no doubt be along soon.

 

Good luck and don`t give in.

 

Regards

 

 

N.P.

[N.P]

Hi again,

 

Seems CB is always on hand, what a guy!

 

Thanks CB, I may be needing that same letter sometime in the near future, pecky and I are in the same boat.

 

Regards

 

 

N.P.

[Curlyben]

You'll need to edit it, but feel free

 

Ps Tickle the monkey, you know you want to

[pecky1]

Thanks for all the support.

NP I hope you get your reply from them soon I feel your in a mood for a long drawn out fight with this lot!

[The Reverend]

Hi pecky,its amazing three or four months ago,a letter like that would have scared the living daylights out of me,thank goodness for this site,and still watching your fight with Morrcrop with interest.

[pecky1]

Hi Reverend

Quite agree with you when I come on this site it gives you the confidence to fight them you know you are not the only one who they are trying to bully and intimidate with thier threats they think we dont know our rights.

Wish I had found this site months ago.

[ODC]

Personnaly, I would just send a counter attack letter thanking them for complying with your CCA request, but unfortunately an Application Form is unacceptable, and if they have any problems with that you would welcome a Judges decision, which we all no, couldn`t enforce it anyway.

 

N.P.

I would not send them a letter thanking them for complying with your CCA request as clearly they have not complied with it. An application form with seperate T&Cs does not constitute an executed CCA agreement. Curly Bens letter is an excellent one which has had results time and time again. Tailor it to suit your own circumstances

[N.P]

Hi everyone,

 

ODC, what I meant was a letter similar to CB`s, which basically thanks them for responding to the CCA request letter, but as I stated, an Application Form does not constitute an executed agreement. Perhaps I used the wrong wording.

 

I wouldn`t recommend any send their own letter, but to use a carefully worded template, such as the one`s in CB`s armoury.

 

Hope this clear`s that little bit of confusion up?

 

Regards

 

 

N.P.

[ODC]

Hi everyone,

 

ODC, what I meant was a letter similar to CB`s, which basically thanks them for responding to the CCA request letter, but as I stated, an Application Form does not constitute an executed agreement. Perhaps I used the wrong wording.

 

I wouldn`t recommend any send their own letter, but to use a carefully worded template, such as the one`s in CB`s armoury.

 

Hope this clear`s that little bit of confusion up?

 

Regards

 

 

N.P.

 

No worries it was just the bit where you said thank them for complying with the CCA request. I would be more inclined to thank them for non compliance.

[kalooki]

Hello All,

 

i also have been having trouble with Moorcrap, and now have A warrant of Exexcution from Northampton County Court, I sent off the CCA on 27 July phoned them after the allotted time but they said they hadn't received it and now I've just got in and have a warrant from the bailiff from Alliance and Leicester saying I have defaulted on my my judgement and now have to pay 152.25 by the end of the month or there going to send the bailiffs round to collect goods.

 

They still haven't sent my CCA, what would anyone suggest my next move to be. When I spoke to them say 10 days ago the said that they hadn't received my request for my CCA.

 

Thanks looking forward to some replies to help me.

 

Tom

[ODC]

Hello All,

 

i also have been having trouble with Moorcrap, and now have A warrant of Exexcution from Northampton County Court, I sent off the CCA on 27 July phoned them after the allotted time but they said they hadn't received it and now I've just got in and have a warrant from the bailiff from Alliance and Leicester saying I have defaulted on my my judgement and now have to pay 152.25 by the end of the month or there going to send the bailiffs round to collect goods.

 

They still haven't sent my CCA, what would anyone suggest my next move to be. When I spoke to them say 10 days ago the said that they hadn't received my request for my CCA.

 

Thanks looking forward to some replies to help me.

 

Tom

Have you proof that Moorcrap received the CCA.

 

If you have proof the received it then they should have acted upon it as it is a legal request. Did you receive any notification about the Court prior to the judgement

[pecky1]

IT'S THEM AGAIN!

Sent letter to them that CB drafted for me they recieved this on the 29th August as I tracked it on Royal Mail.

Today recieved another PRE-COURT-DIVISION LETTER,

As I have not contacted them to discuss repayment they require an immediate full payment or an offer of repayment to prevent further action

They are prepared to accept payments of £80.00 a month.( I was only paying £50.00 before I sent for CCA.)

Unless payment is recieved by 10.00am 09/09/07 we may! recommend court proceedings to commence with out further notice.

Of course signed by A.J.MARTIN.

Blood is boiling now.

Have only sent application form no prove that they own or have a notice of assignment to collect this debt.

They obviously dont read any thing you send them.

They tell me that it will affect my credit rating (yes I know Default from ARGOS already on my account) Do they think I am thick ( dont answer that)

Sorry really mad today:mad:

[Curlyben]

Well you can file that one under IGNORE

[ODC]

Pre Court Division My Ar*e

 

Just another threatomatic from Morecrap.

 

Whenever they commit the summary offence send them one of CBs awfully nice BOG OFF letters

[pecky1]

Thanks,

Took dog for a walk calmed down now,

Bog off letter brewing:rolleyes:

[Curlyben]

Here's a nice simple bog off for you.

As ever edit as needed.

 

Account In Dispute

 

Dear Sirs,

 

Your Ref::::

 

Further to your letter dated xxx, please be advised that the above account is now in dispute. I am awaiting the fulfillment of my CCA request dated .... , as is my right under the Credit Consumer Act 1974.

 

Please be advised that this debt is unenforceable whilst in dispute and any action taken by yourselves will be vigorously defended. Furthermore, not only will any action by you be defended, but take note that I will issue a counterclaim for stress and damages.

 

I am frankly shocked by the contents of you letter, which uses the term 'we will send bailiffs'. I am forwarding a copy of your letter to Trading Standards with an official complaint as your abuse of power is obviously intended to intimidate. As you are well aware, you do not have the authority to send bailiffs without a court order.

 

I trust this now clarifies my position.

 

Yours faithfully,

[pecky1]

Thank you CB

Just a quickie if they dont own the debt could Moorcroft still take you to court?

[ODC]

If Morecrap do not have a properly executed CCA they would not be able to take you to Court. THis is the document the court would rely on to prove the debt