Moorcroft Debt Recovery - communications

fermi

What do you want to do?

That letter basically admits that they are stuffed.

As things stand they would not be able to get a CCJ or make you bankrupt if they tried and you defended the claim. There wasn't a chance in hell of them making you bankrupt beforehand, so definitely not now.

Marvintheparanoidandroid

thanks for your replies,

snowyz81 - I have no intention of phoning them anyway, I've always insisted on communication by letter. It's a shame a lot of people aren't aware of the advice you can get when dealing with these companies.

fermi - what I want is for them to stop hassling me! How should I reply? Should I demand that they produce the CCA or leave me alone? Is there any other avenue such as mis-sold PPI that I could threaten a counter-claim?

fermi

Well, hopefully they will stop hassling now. If they've got any sense anyway.

Have they been phoning or just writing?

PPI is not really something I've looked at in any detail. Others may be able to help more with that.

Marvintheparanoidandroid

They've just been writing, and I've been replying basically saying that I cannot afford a repayment plan, certainly not what they want anyway!

I think I will reply saying I cannot agree a repayment figure until the CCA is produced, and that is my final word and we'll see what happens!

Marvintheparanoidandroid

Hi all,

latest reply from Moorcroft re my request for a copy of the credit agreement:

Please note that certain accounts are excluded from compliance with part V of the CCA or are not in fact credit or hire agreements and we believe that our client's account falls into one of these catagories.

We therefore require immediate payment etc etc......


So, they seem to be saying that a bank which has sold a loan with PPI has not done so using a credit agreement!?

Sounds bizarre to me? Your thoughts anyone?

thechippy

Ask them which type of account they "feel" yours is...looks like they don't even know?...:rotfl:

Have you thought about reclaiming the PPI?

Culex

Marvintheparanoidandroid wrote: »

latest reply from Moorcroft re my request for a copy of the credit agreement:

Moroncroft wrote:

Please note that certain accounts are excluded from compliance with part V of the CCA or are not in fact credit or hire agreements and we believe that our client's account falls into one of these catagories.

We therefore require immediate payment etc etc......

So, they seem to be saying that a bank which has sold a loan with PPI has not done so using a credit agreement!?

What they may or may not currently claim to "believe" isn't worth even a drop of tepid spittle - all that counts is what they can prove in court.

To translate their latest (silly) letter, let us look at section 74 of the Consumer Credit Act 1974. In essence, they have now taken to claiming that the loan was just an overdraft facility on a current account although, by use of the weasel word "believe", they have avoided stating that as fact. This may indicate a reduced willingness to dissemble, but one might also believe that it merely shews an unwillingness to have been proved to tell lies.

Perhaps you should ask them if they also believe in Santa Claus?

Marvintheparanoidandroid

Thanks for the replies, I'm glad it wasn't just me who found their reply quite ridiculous!

I am considering claiming on the PPI, but I have suggested that if they cancel the debt I will not make a claim. They haven't responded to this so I think I will write directly to Firstdirect.

I will also reply to Moorcroft using some of your feedback and see if they can come up with something concrete. It sounds like they have nothing to stand on from their last couple of letters!

Marvin