Moorcroft Debt Recovery - Quick Question

Blankie

You see this is my worry. CCCS haven't really advised us what to do next.

We were originally paying £1 a month because i was on maternity leave and due to go back to work. We had another telephone session with them when I went back but they have just advised us to carry on with the token payments.

Our house is currently up for sale (although we didn't go into this with CCCS). When......sorry if it sells we'll be able to settle our debts but in this market that could take forever. To be honest, i'm not exactly sure what the next plan of action is. Our CCCS counsellor is ringing tomorrow so I need to get this cleared up as i'm a bit lost with it all to be honest. Bankcruptcy hasn't been mentioned at all.

Thanks for your response.

Any further advice would be appreciated.
Blankie.

Blankie

Hi
No i haven't asked for a DCA yet. Could you explain what this is please?? I've read soooo much on this forum today - my eyes are burning. Could you tell me why I need to do this please?

Thank you.
Blankie

poorandindenial

If you have an appointment with your CCCS counsellor then I think you need to get a list of questions ready for them to make sure you go through everything that you want to understand more about.

Start off with 'how long will token payments go on for and what happens afterwards?' and then throw in anything else you want to know

You can also ask about the implications of sellng your house (if a creditor goes for a charging order and gets it then there will be an implication for you and the equity in your house)

I am no expert and you have a complicated situation but if you aren't happy with what CCCS tell you there is nothing to stop you getting a second opinion from one of these guys:

http://www.moneysavingexpert.com/loans/debt-help-plan#help For dealing with Moorcroft then NationalDebtline could be a good option for a second opinion, their website also has lots of template letters and factsheets.

poorandindenial

Blankie wrote: »

Hi
No i haven't asked for a DCA yet. Could you explain what this is please?? I've read soooo much on this forum today - my eyes are burning. Could you tell me why I need to do this please?

Thank you.
Blankie

Hi Blankie

It is the CCA (basically the original agreement under the consumer credit act) if a debt collection agency is chasing you then they have to have both this and a notice of assignment (I think it is called) to prove that the debt is yours and that they now own it.

If you type CCA into the search then you should get lots of posts about it, I will try to find some links for you too.

EDIT: there are some template letters here (http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6) although I know that other people on here have tweaked them to make them better. Oh and the golden rule is NOT to sign it and to use postal orders for payment (some people have reported signatures being copied)

Once you request the CCA I think this places the debt in dispute - I will hunt dowm more info.

See second post by GeorgeUK
http://forums.moneysavingexpert.com/showthread.html?t=1325283&highlight=CCA

stapeley

Again start with basics. First thing is ring EGG . Get then to confirm what the situation is with Moorcroft , and have them confirm this in writing . If you have receive nothing directly from EGG you should NOT deal with MOORCROFT . Today please send off a CONSUMER CREDIT AGREEMENT request to MOORCROFT . It costs £! send a p/order. And send by registered post . This action will give you time to sort things out . The letter sent by MOORCROFT HOPES TO PANIC YOU INTO PHONING THEM . They hope they can scare you into agreeing to make a payment start away . Never do this and do not EVER give them a DEBIT card number . The CCA request can be as simple as ....

I do not acknowledge any debt to your company .
I in close £1 , being the fee required for my request for you to supply a TRUE SIGNED COPY OF A CONSUMER CREDIT AGREEMENT , relating to this alleged debt .

Print your name .

Blankie

Right. Phoned Egg. They said that they have "sold the debt to Moorcroft". He then said that they wouldn't put it in writing because they will no longer have any dealings with me. I asked to speak to a manager who assured me that he would ask the 'specialist team' to do this for me first thing in the morning (won't hold my breath).

I've done the cca letter, and got my £1 postal order so that will go off tomorrow (actually theres 2 as Cap Quest are on our backs too).

I missed the CCCS counsellors call but reading through the notes of the last interview (which hubby took) it is acknowledged that the £1 payments are a short term stop gap while we are looking to increase our income (through hubby who is self employed). Not sure though how long short term is.

Another default notice arrived today. Think thats all of them now. Goodbye to our credit rating for 6 years!

Thanks for your advice. I'll keep you posted. Any further words of wisdom would be appreciated. Its so good not to have to go through this alone.

Blankie

Blankie

Hi again
I have another question if thats ok?

The cca letter has now gone off to Moorcroft, however, I still have a Standing Order set up for £1 per month going to Egg. Do I cancel this now as Egg have said that they have sold the debt on??

Thanks
Blankie

stapeley

Yes , But keep a record of those payments. In a way its good that they have sold it . Theres more chance that a CCA can not be found . So stick to the correct procedure and keep copies of all details. To get a CCJ the DCA would have to produce TRUE SIGNED COPY OF A CCA. And if you defend any action a Judge should request the Orginal Agreement is produced , which is highly unlickely to be available .

Blankie

Thanks again.
Am I correct in thinking that if the original application was done on-line then they only have to produce a standard cca ie it doesn't have to have my signature on it??

stapeley

Correct for agreement after APRIL 2007 I believe