Moorcroft and my CCA application

Willenhall_Wolf

Hi, I have been paying a nominal amount to Moorcroft Debt Recovery against a credit card debt and wrote to them using the template from this site to request a copy of my CCA enclosing the £1.00 statutory fee. Moorcroft have written back to me (returning the fee) stating that they have contacted their client and that I have to write to their client directly to obtain a copy of the CCA and have included the client address in their reply. Could someone please advise if I should write to their client or not? I thought that as Moorcroft were enforcing the debt and I have been paying them, that it is their responsibility to provide the CCA. Any advice will be very much appreciated.

DarkConvict

Moorcroft are legally bound to carry out the CCA request whether they own the debt or not.

So long as you have proof it was sent to them, just send the reminder letter.

http://forums.moneysavingexpert.com/showpost.html?p=30356001&postcount=9

You are reminded that you are obliged to supply this under s.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00.

They do not have to accept the £1, by sending it back doesn't mean they don't have to do a CCA request.

fermi wrote: »

If a DCA has bought the debt, then they are legally the creditor by law and must provide the CCA.

If they are just acting for the OC then the law says the must forward the request and payment on to the OC.

Either way, refusing the request and saying that you must contact the OC is bullsh*t. Plain and simple. Just tactics to try and avoid there responsibilities.

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A DCA collecting a debt on behalf of a creditor is an "agent".

175. Duty of persons deemed to be agents.

175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

If the DCA claims to have been assigned the debt then.......

189. Definitions.
“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;