MINT & Moorecroft

[speedtrip]

I have a credit card with £2700 o/s right now.

 

I missed 3 payments this year and received a letter from Triton. I phoned up 25 July and advised that I would be catching up in a few weeks time and asked them to note file. Last week I paid £500 direct to Mint which cleared the min payment of £183 due as of 15 August due by 9 Sept.

 

I have recd a letter from Moorecroft today (pre court) requesting full payment of behalf of MINT who have instructed them to collect the full £2700.

 

I phoned to kindly explain that I cleared the arrears last week and I was now paying MINT. They stated that the debt was now with them and they wanted full payment & threatened court. I told not to be so daft as any judge would laught at them knowing I bought the a/c up to date, should clear tmw, and told them that I didnt recognise them. He then ended the phonecall so I phoned MINT who said it was out of their hands and also ended the call. Tonight Moorecroft phoned and threatened a visit next week. I laughed and said I would writing to both them and MINT asking for some degree of sanity.

 

I intend to continue paying minium amounts to MINT

Write and complain to MINT about handing the debt over

Request CCA and SAR from Moorecroft.

 

Somehow they have my home office number so I will contact BT to block this number. I used 141 when calling them.

 

Any advice

[renegotiation]

SAR to Mint. CCA to Moor.

[speedtrip]

HI and thanks for your reply.

 

Re the SAR, would this be general SAR for DPA information or are you suggesting I reclaim any charges,

 

Just want to clarify.

 

Ideally, i would to keep the line of credit for the future but i guess thats gone now.

 

Also, once the mandatory days following my request to Moore expire i assume its just a waiting game? Are there any precedents?

[renegotiation]

Yes, a standard SAR. After Moor default it is a waiting game yes. I think you can go about getting your credit record cleaned in theory, but it isn't easy.

[PriorityOne]

Moorcroft always have "Pre-court division" on the top of their letters.... which are always from A J Martin as well. He must be getting on a bit in years now...

 

If Moorcroft don't have a CCA.... and Mint don't seem to want to deal with you... then after 12 working days, you can legally withhold all further payments until/unless one of them comes up with the CCA and has it re-enforced in court.

 

Did this account go from Mint... to Triton... to Moorcroft then ?

[speedtrip]

yup spot on ... on all accounts.

 

completely out of the blue too ... i wonder if my remortage and experian check has woken them up

 

the stupid thing is i have paid over twice the arrears due and was about to arrange a s/o payment.

 

i was hoping to get retain this cc but now it seems im in war

 

the thing is i have the money now but cashfow is important while I raise my business, i have been going 4/5 months and my first cheques are starting to come in now .... but im worried that if I dont pay now i may not have it later in court ... if it gets that far

 

thanks for your help

[PriorityOne]

The Experian check aill have given them a prod, I expect. The Credit Ref. Agencies have incestuous connections with several DCAs.

 

If Moorcroft have bought this account without a CCA.... they will be stuffed. Don't have any dealings with them on the 'phone, by the way.... it's all bowlarks.... Without a CCA, it's highly unlikely to get as far as court, as non-compliance of a CCA request is a complete defence and they know it !

 

[speedtrip]

so f they cant produce the CCA they are out of the picture then, hmmmm so we are relying upon their poor admin/slow response to get us out of jail so to speak.

 

are you sure they have bought the account as their letter suggests that they are acting as ab agent for MINT direct.

 

thanks once again

[PriorityOne]

Yes, without a CCA... they would be out of the picture....

 

I can't be sure that they've bought the account, but if it's been passed around lilke you've said, then it's likely. They nearly always say that they are acting for some "client" anyway. They told similar bowlarks to me... but the SAR from my original creditor told a very different tale...

[speedtrip]

so would the SAR tell me how it was purchased for?

[PriorityOne]

so would the S.A.R - (Subject Access Request) tell me how it was purchased for?

 

Probably not, no. It wasn't in mine.... but I didn't really care, since without a CCA.... Moorcroft could go and do one. It's been nearly 9 months now....

 

Remember.... once it's been sold, it has nothing more to do with the original creditor. This is probably why they keep referring to these non-existant "clients" ... in the hope that they won't be sussed.

[renegotiation]

'so f they cant produce the CCA they are out of the picture then, hmmmm so we are relying upon their poor admin/slow response to get us out of jail so to speak.'

 

They 'probably' simply just don't have it.

[speedtrip]

I CCA Moorecroft 31/8/07 after their phonecalls demanding payment.

 

I have now recd letter from them 30/8/07 saying ....

 

account has been passed to Home Collection Division for action.

 

This may involve a visit to my home to establish how I will pay .... blah blah blah

 

Anybody have a suitable letter to deal, suggested response/approach

 

Thanks

[PriorityOne]

By rec. delivery.....

 

Dear xxxx

 

Ref xxxxx

 

I do not acknowledge any debt to your company.

 

With reference to your letter of xx/xx/2007, a legal request for a copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by yourselves on xx/xx/2007. Therefore, until such times as you are able to comply with this request, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

Please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “home visit” as outlined in your letter, be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

 

[speedtrip]

I like ......

 

I will wait and check that Royal Mail actually deliver my mail and then I will gladly send this letter off to More than i can bear.

 

Thanks

[speedtrip]

Well nothing on Royall Mail yet, but i have a letter from Moorcrap acking receipt of my payment to Mint.

 

They obv havent got my letter yet and are asking for a payment plan and theatening sols.

 

I guess as it is under £5k it would go to small claims, can they still add on sols fees?

[renegotiation]

Yes, usually £80.

[PriorityOne]

Well nothing on Royall Mail yet, but i have a letter from Moorcrap acking receipt of my payment to Mint.

 

They obv havent got my letter yet and are asking for a payment plan and theatening sols.

 

I guess as it is under £5k it would go to small claims, can they still add on sols fees?

 

They should have received the request by now.... if you sent it on 31/8. Check their receipt of it by 'phoning the no. on the back of the rec. delivery slip... as this is sometimes more reliable than the website.

 

On the other hand.... the fact that they have written to you as opposed to hassling you over the 'phone, suggests that they might have done... . Hard to tell.... but you need to be sure.

[speedtrip]

hi, just checked Royal Mail as it is showing as follows:

 

Your item with reference ********** was delivered from our ********* Delivery Office on 05/09/07 .

 

The electronic Proof of Delivery may not be available for this item yet.

 

Please allow up to 72 hours after delivery before checking.

 

I am sure their recent letter crossed in post so I am expecting them to spit their dummy now.

 

I will now compose the letter above supplied by P1.

[renegotiation]

I always print off the delivery confirmation. Keep it with the copy of the letter you sent, postal order receipt and the recorded delivery receipt. Staple it all togther and file it nicely. Have to keep good paperwork unlike them. :-D

[speedtrip]

yeah .... im going to do that once ALL the full proof is on the RM site.

 

think i may need to get a nice new folder to file all the paperwork.

 

when successful can i claim costs v them for my time, and reasonable expesnses etc.

 

i know its a bit premature but i had to ask;)

 

I have blocked their number so they can only get via private/unknown numbers.

[renegotiation]

The debt hasn't entered official dispute yet so wait and see what happens. I would wait for several weeks before you consider your next action. See what they come up with.

[speedtrip]

update

 

letter from moorecoft and i quote

 

"we write to your recent letter. we can now confirm that on this occasion we are unable to provide a copy of the signed agreement requested. we therefore return the postal order submitted in that connection.

 

''we are now closing this account and returning it to our client''

 

what do you think will happen next

what should i do

do you think they bought this a/c or were acting on behalf of Mint?

we are at + 18 working days right now

[speedtrip]

Bump

[Brassed off]

Do nowt! lol:D

 

WAIT until MINT get in touch with you - then we'll take it from there;)

 

Er - that's a "won" Speedtrip - congrats:)

 

Bo