Advice on Lloyds / Moorcroft

kidsnocash

*UPDATE AND ADVICE NEEDED *

Hi, for the past year of so I have had an agreement with Royds on a loan I have with them to pay a reduced monthly payment.

Over the past few weeks, they have started sending letters asking for the arrears to be paid in full. This is even though I have a letter from them agreeing to a reduced payment for the rest of this year. Every time I call collections they tell me to ignore it as its just to be able to set up a more permanent agreement between myself and debt recovery.

Today I have a letter from M-croft asking again for the full amount, stating that the letter is a “notice of intended litigation”. I called collections and they say the account is now with consumer debt recovery. I called CDR and they tell me the account is with them but has been passed to M-croft as they have too many account to deal with in house.

CDR told me to contact M-croft and re-arrange an agreement with them but I am not sure what the best way forward is now, any advice would be appreciated.

DarkConvict

Once defaulted and handed over to collections all agreements are informal, so they can stop them at any time and push the debt out to a 3rd party collector.

You can stall moorcroft by sending a prove it letter - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

And see if you can get lloyds to handle the debt, otherwise you will have no choice but to agree to a payment plan with moorcroft. Again send of an SOA showing what you can afford and state that you already had an outstanding agreement with lloyds for £x a month so want to carry this on as its all you can afford.

DVardysShadow

As Lloyds have already agreed to reduced payments in writing for the rest of the year, Moorcroft should leave this agreement alone. I see no ned to prove anything to Moorcroft apart from the concession from Lloyd's. Provided the payment schedule is met, then I can't see a Judge upholding any claim.

kidsnocash

Well, started getting calls from M-croft already. Im going to send the letter as surgested today but have kept asking Royds for a permenant agreement to pay off this loan. They told me the only way was for them to pass it on to their consumer debt recovery department. I feel like Royds have been lying all this time about it.

DVardysShadow

kidsnocash wrote: »

Well, started getting calls from Moorcroft already. Im going to send the letter as surgested today but have kept asking Lloyds for a permenant agreement to pay off this loan. They told me the only way was for them to pass it on to their consumer debt recovery department. I feel like Lloyds have been lying all this time about it.

I disagree. You did well to get an agreement to the end of the year in writing. You cannot expect more than that.

kidsnocash

Todays update.

Sent recorded delivery letter to moorcroft asking for a copy of the agreement. Today I got a letter in the post dated 5/5/10 stating that the account has been passed to the home collections department and saying that a local representative may call to discuss the matter. I feel moorcorft are bullying me as the original letter I received from tham gave me until 7-5-10 to get in touch with them but they did not wait until then to send this new, more threatening letter to me.

As well as posting the letter, that has been received by them and signed for, I also rang them on 7-5-10 to confirm receipt. They told me that because of the volume of post they get, it could take a few days to go onto the system. I was told that the call would be noted and no action would be taken until the letter had been procesed.

Any ideas on my best next move?

Thanks.

kidsnocash

All has been quiet for some time as Lloyds did not provide the requested documents but have now sent another letter and a "current information questionnaire" for me to fill out.

I have no intention of filling it out but should I keep responding to them with requests for the documents or, as I left the ball in their court to send me the required info, ignore any further letter from them until they do provide it?

Thanks in advance for any advice,

Kidsnocash.

thechippy

Moroncroft are idiots,

Send them an "account in dispute" letter.....FORMAL NOTICE - ACCOUNT IN DISPUTE.

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

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 signed 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 the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. 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 a default situation.

This 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.

As you have failed to comply with a lawful request for a true copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

FTW

kidsnocash wrote: »

All has been quiet for some time as Lloyds did not provide the requested documents but have now sent another letter and a "current information questionnaire" for me to fill out.

I have no intention of filling it out but should I keep responding to them with requests for the documents or, as I left the ball in their court to send me the required info, ignore any further letter from them until they do provide it?

Thanks in advance for any advice,

Kidsnocash.

Ignore this 'current information questionnaire' - Royds have no business in knowing what your current circumstances are.

If they keep instigating collection activity while ignoring your requests, report them to the Office of Fair Trading and the Financial Ombudsman Service (who'll charge Royds 500 quid a time if they investigate) - for each and every one of their deviations. Do the same for any outside agencies acting for them as well.

kidsnocash

Hi,
Thanks for the info, the situation is as follows:

Lloyds sent the case to Moorcroft some time ago. I sent the letters requesting the CCA to Moorcroft and they did not provide the information. I then sent the below letter to Moorcroft in May and they told me they would pass the case back to lloyds with the fact I had requested the CCA.

I then had a call from Apex in August chasing me up but I informed them that the account was already in dispute and not to contact me again. After a letter crossed in the post with my call, they informed me again that they would pass the details back to Lloyds and would not contact me again.

As far as I know, I have gone as far as I can with the requests and the account is in dispute with Lloyds. The only contact Lloyds should make is if they can provide the requested CCA within 6 years, is this correct?

The thing I am not sure about is that all the CCA requests went to Moorcroft not Lloyds, would I have to send the requests again to Lloyds?



I then had a call from

thechippy wrote: »

Moroncroft are idiots,

Send them an "account in dispute" letter.....FORMAL NOTICE - ACCOUNT IN DISPUTE.

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

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 signed 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 the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. 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 a default situation.

This 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.

As you have failed to comply with a lawful request for a true copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

kidsnocash

New Update:

I have a call from another debt recovery company today. I told them that Lloyds had been unable so far to provide the Consumer Credit Agreement and the debt was in dispute and unenforcable. They said they would put the account on hold and request the forms from Lloyds for a fee of £10.

I also contacted Lloyds regarding their failure to provide the CCA and they said I had acknowledged the debt by making payments in the past. I disputed this acknowledgement and was told that they would provide the CCA and statments to me. I did tell them that they would have to be provided within the time scale set out by the law but they said they did not have a time limit to provide them.

Any advice on how to handle lloyds would be appreciated. As I made a CCA request in May of last year, should they still be contacting me like this?

Thanks in advance for any help.