Help with Moorcroft cca request.

_Mozzy_ · 12 February 2014 at 12:06AM

Hi,

We have a problem with Moorcroft Debt Recovery. We sent them a cca request last week recorded/signed for etc. They received it on the 4/2/14. Two days later we get a letter stating that they acknowledge that we have raised a query and would not contact us regarding collection while the issue is being investigated. That letter was dated the 5/2/14.
Next day we receive another letter (dated the 4/2/14) telling us that there are no documents available to be sent to them from their clients as the credit agreement was sent to us on our first order and it was up to us to keep it safe?? so they have returned my original letter along with the postal order.

Now in December we received a letter out of the blue that said that Moorcroft now own the balance to this debt which is why we where questioning the validity the agreement.

So does anyone know where we stand on this matter ? They still have until 25/2/14 to supply the original cca what should we do?

I also sent the same cca request to CABOT on another debt which I thought was worth a try and they have put the account on hold for 40 days until they find said agreement.

Anyone got any advice please.

happy_bunny_2 · 12 February 2014 at 10:42AM

Is this for a catalogue?

When was the account opened?

rizla_king · 12 February 2014 at 10:45AM

If the morons didn't keep a copy that is their tough luck. Until they reply with a copy the debt is unenforceable under section 78 at the least.

_Mozzy_ · 12 February 2014 at 10:47AM

Hi,
Yeah, Ace catalogue. It was approx 9-10 years ago.

rizla_king · 12 February 2014 at 10:50AM

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such you entered into default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into default of said request.

This time limit has expired.

As you are no doubt aware sections 77/78 state:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter.

I look forward to hearing from you in writing.

Yours faithfully

rizla_king · 12 February 2014 at 10:55AM

I make it that they have until the 20th to provide it.

happy_bunny_2 · 12 February 2014 at 10:57AM

As Rizla says, they are trying to say they don't have to provide it.

It's rubbish.

They can't get a CCJ without the signed original CCA.

Just ignore them or offer them a very small percentage in full and final settlement. Up to you.

HB

_Mozzy_ · 12 February 2014 at 10:58AM

I make it that they have until the 20th to provide it.

Yeah I miss counted it thanks for the reply

fermi · 12 February 2014 at 4:21PM

Not heard Moroncroft use that template for a while.

Typical BS from them.

_Mozzy_ · 22 October 2014 at 10:43PM

Hi,
After sending that last letter to Moorcroft n 20th Feb 2014, Moorcroft didn't respond at all, but we did receive a letter from "Ace" (which looked just dubious as the first letter we got from "Ace") saying
Thank you for our recent communication which has been forwarded for my attention.
I have reviewed the records relating to this account I can advise that the account is closed, therefore ending the trading relationship with us.

We sold this debt on the 31st October 2013 and you were notified in writing accordingly. There is no requirement for us to retain the records, for practical reasons such as space, any paper records are disposed of as soon as possible.

Yours sincerely
Joel Gaskill
Customer Liaison Advisor
Directors Office
Ace.

So we thought that its matter closed.. Moorcroft have ignored the last letter.

This morning we received a letter

Balance £1192.04

IMPORTANT INFORMATION - POSSIBLE FURTHER ACTION

To prevent possible further debt recovery action, please send your payment proposal before 27/10/14 or telephone 01614752876

If you do not contact us following receipt of this letter we may have no alternative other that to recommend to out clients that they consider possible further debt recovery action against you, which may follow. Further action could include this, or another Debt Collection Agency, continuing to contact you by letter or telephone.

Other options include
1. The instruction of a local representative to arrange to call at your home address.
2. A recommendation to out client that they consider arranging for legal action to be taken.
3. The possible continued recording of an adverse entry on your credit file, detailing this default.

Please note that if the solicitors instructed are successful in entering judgement then legal costs and fees may be added to your account and the balance would in this case show as £1352.04.

Please contact us now. Neither we nor our clients want further debt recovery action to be taken and it is still possible for you to avoid this by agreeing a repayment plan that you can afford and maintain.

Ok what do we do about this..... they have ignored the cca request as if it didn't happen. I have the proof of post etc.

I'm a bit lost now, can anyone help.

Thanks in advance

fermi · 23 October 2014 at 2:50AM

Same reply as before I would imagine. Reminding them they are in default.

Help with Moorcroft cca request.

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