Moorcroft - no CCA

doingitall

I have a debt with cahoot for just over £6000. This is being recovered by Moorcroft.

I wrote to Moorcroft asking them to provide a copy of the credit agreement using the template letter on here. I have received a letter back from them today stating that their client is inable to provide them with a credit agreement. The letter goes on to state that this does not mean that the debt does not exist and will be written off. It refers to the case of McGuffick v The Royal Bank of Scotland and the ruling that 'Although the credit consumer Act may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist'.

The letter goes on to repeat that i must pay this debt etc etc but they have placed the account of hold for 14 days. They invite me to telephone them to discuss a possible discounted agreement and to discuss a repyament proposal.

The reason for me writing to request the CCA in the first place was that i have a debt with Cahoot for the amount on thier letters. However their letters refer to a debt with Santander. I have never had any debts with Santander but assumed Cahoot were part of Santander.

It seems odd that they can't provide me with any proof that i owe this debt whatsoever.:shocked:

Can anybody advise what i should do next?

LMCD

Santander is a cahoot - well I have seen a quick few things doing a google check.. do you need this proof to pay what you owe?

do you have any paper work yourself? I doubt moorcroft would have the paper work as they are processing the debt recovery - which is poor on their part that they do not have the information but am sure if you went back to cahoot/santander they will provide you with it if you require so but will still need to pay it, so if you know you owe it you would probably be better off phoning moorcroft to make a payment agreement and getting that sent to you in writing as £6k sittin on your credit file outstanding/unpaid/defaulted - wont help you should you need it in future.

fermi

Cahoot are part of Santander. Presumably the debts get gathered up and actioned by the parent company, hence Moorcrap having that as the client.

Honestly, that letter is a pretty feeble attempt from Moorcoft.

Basically, "we can't make you pay or do anything if you don't, but please pay us anyway"

Presumably there is already a default registered, so the damage on that is done.

File it and ignore, or pay them if you feel like it? Up to you.....

doingitall

Thanks for confirming that Cahoot is Santander. No i don't have any paperwork relating to this debt hence me writing to them for the CCA! I am now on benefits and have been advised that i should make token payments only to them. However I have also read on this forum that the dca having no CCA is a good incentive for them to accept a greatly reduced settlement amount. Does anybody know what might be an appropriate figure to offer?

I did offer one of my other creditors a settlement figure of 50% and they would not except it prefering me to pay £5 a month for many years.

LMCD

doingitall wrote: »

Thanks for confirming that Cahoot is Santander. No i don't have any paperwork relating to this debt hence me writing to them for the CCA! I am now on benefits and have been advised that i should make token payments only to them. However I have also read on this forum that the dca having no CCA is a good incentive for them to accept a greatly reduced settlement amount. Does anybody know what might be an appropriate figure to offer?

I did offer one of my other creditors a settlement figure of 50% and they would not except it prefering me to pay £5 a month for many years.

well you could always do the token payment of a £5 a month if thats affordable then later on try get a reduced settlement? like write a letter every six months? thats if you have the amount set to one side of course...


best of luck whatever you do.

FTW

doingitall wrote: »

I have a debt with cahoot for just over £6000. This is being recovered by Moorcroft.

I wrote to Moorcroft asking them to provide a copy of the credit agreement using the template letter on here. I have received a letter back from them today stating that their client is inable to provide them with a credit agreement. The letter goes on to state that this does not mean that the debt does not exist and will be written off. It refers to the case of McGuffick v The Royal Bank of Scotland and the ruling that 'Although the credit consumer Act may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist'.

The letter goes on to repeat that i must pay this debt etc etc but they have placed the account of hold for 14 days. They invite me to telephone them to discuss a possible discounted agreement and to discuss a repyament proposal.

The reason for me writing to request the CCA in the first place was that i have a debt with Cahoot for the amount on thier letters. However their letters refer to a debt with Santander. I have never had any debts with Santander but assumed Cahoot were part of Santander.

It seems odd that they can't provide me with any proof that i owe this debt whatsoever.:shocked:

Can anybody advise what i should do next?

If they can't provide you with proof, then make no arrangements to pay it.

They're trying to squeeze money of you when they know they haven't got a leg to stand on.

Keep that reply, keep the confirmation they received your original request, and just ignore Moorcroft from now on - if they can't fulfil your request, then they have nothing to discuss with you.

kaya

if you are on benefits then you are covered by the bailiffs code of conduct as you are considered "poor"
the code of conduct states that they should leave you alone if you are heavily pregnant, poor or disabled
google it, then copy your benefit letters and send them to moorcroft reminding them of their codes of conduct
would i pay a debt that they could provide no proof of? no way never, if they are so careless or stupid that they cannot prove the debt exists then thats their problem, not mine! and no, i don't care what any of you "ooooh we're so moralistic" people think so dont even go there, if the bank had £6000 of yours in an account and YOU couldn't prove it do you think they would cough up? no way never!

doingitall

kaya wrote: »

if you are on benefits then you are covered by the bailiffs code of conduct as you are considered "poor"
the code of conduct states that they should leave you alone if you are heavily pregnant, poor or disabled
google it, then copy your benefit letters and send them to moorcroft reminding them of their codes of conduct
would i pay a debt that they could provide no proof of? no way never, if they are so careless or stupid that they cannot prove the debt exists then thats their problem, not mine! and no, i don't care what any of you "ooooh we're so moralistic" people think so dont even go there, if the bank had £6000 of yours in an account and YOU couldn't prove it do you think they would cough up? no way never!

Kaya that did make me smile and you are right! Cahoot certainly didn't have any morals when I orignally got into difficulty with paying the debt. The DCA had even less morals and over £1500 of the debt is additional interest, fees for writing letters, fees for late payments and then the DCA added these fees too:mad:

After much reading of this site, it appears that until the CCA is produced there is nothing that moorcroft can do, which is why i presume that they have put my account on hold. I think i will just wait and see what moorcroft do next.

From what i have read it seems that moorcroft will likely return the debt to Cahoot who may or may not produce the CCA.