barclaycard/moorcroft

suek15

hi please could someone help me, ive just had a letter off moorcroft pre court division NOTICE OF INTENDED LITIGATION saying that if i dont contact them they assume tht im avoiding repayment and tht they will instruct there solicitors to issue legal action and it shows the charges tht will be added if i dont pay up, the account is already in dispute as barclays wont send me the credit aggrement is there a template letter that i can use please im really worried , thanks sue

CannyJock

suek15 wrote: »

hi please could someone help me, ive just had a letter off moorcroft pre court division NOTICE OF INTENDED LITIGATION saying that if i dont contact them they assume tht im avoiding repayment and tht they will instruct there solicitors to issue legal action and it shows the charges tht will be added if i dont pay up, the account is already in dispute as barclays wont send me the credit aggrement is there a template letter that i can use please im really worried , thanks sue

Might be worth trying to do a Forum search for Barclaycard Moorcroft - this sort of thing gets asked for fairly regularly and you'll see what others have done and the outcomes.

suek15

i sent off for cca off moorcroft had letter back saying they were in the process of requesting it. had reply yesterday of a copy can someone take a look at this please and let me know if its a cca .is this possible ?

Brduk

Did they provide you with a copy? is the copy they sent you certified? If you have been provided with a copy, does it contain your 'wet ink' signature on the document?

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement. If the CCA is not produced after 12 + 2 working days then they are in default.

While i'm not offering you legal advice, I would suggest that you politely decline to talk to Moorcroft representatives on the phone, and keep all contact in writing, with all your correspondence from yourself sent recorded delivery.

soul619

Brduk wrote: »

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement. If the CCA is not produced after 12 + 2 working days then they are in default.

this is not always the case...

The big one - "it's lost the agreement". It is argued if lenders can’t produce a copy of the original credit agreement or have made admin errors, eg, failing to state the correct APR, credit card or loan debt can be wiped out, or at least partially reduced. This is based on perceived loopholes in the Consumer Credit Act (CCA), but only for loans or cards taken out before April 2007 given the CCA was tightened in lenders' favour then.

however In a High Court ruling in December 2009, a judge said a lender now only has to produce the correct information, not an exact copy of the credit agreement, which blows away the argument that you'll have debt 'written off' if it can't find the original. While not the major thrust of the judgment, he also said it's unlikely consumers can win where there are minor errors in the credit agreement.

read this, this may help. although i am a firm believer in you spent it you should pay it off!

http://www.moneysavingexpert.com/reclaim/write-off-your-debts

Brduk

Very true. Presumably the OP's credit facility was pre-April 2007 as they have already taken the first step down this avenue...

soul619 wrote: »

this is not always the case...

The big one - "it's lost the agreement". It is argued if lenders can’t produce a copy of the original credit agreement or have made admin errors, eg, failing to state the correct APR, credit card or loan debt can be wiped out, or at least partially reduced. This is based on perceived loopholes in the Consumer Credit Act (CCA), but only for loans or cards taken out before April 2007 given the CCA was tightened in lenders' favour then.

however In a High Court ruling in December 2009, a judge said a lender now only has to produce the correct information, not an exact copy of the credit agreement, which blows away the argument that you'll have debt 'written off' if it can't find the original. While not the major thrust of the judgment, he also said it's unlikely consumers can win where there are minor errors in the credit agreement.

nottoolate

suek15 wrote: »

i sent off for cca off moorcroft had letter back saying they were in the process of requesting it. had reply yesterday of a copy can someone take a look at this please and let me know if its a cca .is this possible ?

ask in this thread.

https://forums.moneysavingexpert.com/discussion/2305463

ILW

Brduk wrote: »

Did they provide you with a copy? is the copy they sent you certified? If you have been provided with a copy, does it contain your 'wet ink' signature on the document?

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement. If the CCA is not produced after 12 + 2 working days then they are in default.

While i'm not offering you legal advice, I would suggest that you politely decline to talk to Moorcroft representatives on the phone, and keep all contact in writing, with all your correspondence from yourself sent recorded delivery.

Complete crap.
A true copy does not have to be the original "wet ink" document, a reconstituted document has found to be good enough.
Please dont get peoples hopes up by saying they will not have to pay , as all that will happen is that they will have any credit record they have totally destroyed by not keeping up payments.
Stop making payments at the point where it is PROVED the contract is unenforceable, not before.
(That is of course unless you are having a secret affair with a debt collector)

woody01

Brduk wrote: »

Did they provide you with a copy? is the copy they sent you certified? If you have been provided with a copy, does it contain your 'wet ink' signature on the document?

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement. If the CCA is not produced after 12 + 2 working days then they are in default.

While i'm not offering you legal advice, I would suggest that you politely decline to talk to Moorcroft representatives on the phone, and keep all contact in writing, with all your correspondence from yourself sent recorded delivery.

As the last poster said!
If you are going to attempt to help, at least get your facts straight rather than plucking them from thin air.
No-one even ask if it was Pre2007. If it wasn't then it make little difference anyway.

OP
Remember ....even if this debt is unenforecable, it doesn't make it go away.
You will still be contacted by DCA's and they will also trash you file.
Some don't mind this, but it is not a good thing.

Brduk

ILW wrote: »

Complete crap.

Really? why?

ILW wrote: »

A true copy does not have to be the original "wet ink" document, a reconstituted document has found to be good enough.

Reconstituted documents have also been found to have been doctored, with imported signatures.

ILW wrote: »

Please dont get peoples hopes up by saying they will not have to pay , as all that will happen is that they will have any credit record they have totally destroyed by not keeping up payments.

Where have I said that they will not have to pay, please provide a direct quote. I've simply asked for clarification.

Woody01 wrote:

If you are going to attempt to help, at least get your facts straight rather than plucking them from thin air.

Would you care to elaborate on that? what has 'been plucked from thin air'?

Woody01 wrote:

No-one even ask if it was Pre2007

As before, considering the OP has already gone down the route of requesting a copy of the agreement, and taking into account her post history, it would be reasonable to consider that she has checked the debt is Pre-2007.

Sue, it's a pity that some jokers here seem more content to sneer at others, rather than provide anything constructive themselves other than trotting out the glib 'pay your bills' line, but this is the world we live in. Don't let these clowns frighten you off.

suek15

thanks brduk yes the cca does have a signature on it , will moorcroft accept whatever i offer to pay them every month, i cannot afford to pay alot ? suek15