RBS & Moorcroft

Bruce123_2

Firstly, hope you all had a wonderfull Christmas day :beer: we did, still trying to get the remains of the christmas dinner out of the front room carpet:eek:

Help required please, me and the wife have been clearing our debts for the last 5 years, w'ere down to our last £5K now from the original £32k, HSBC, Halifax X 2, RBS x 2, Inland Revenue:eek: :eek:, etc.

Anyway the question

I've recently cleared the RBS overdraft, which had a default registered on my credit file, dated as Feb 2005. On speaking to the RBS the default apparently came about as a result of the DCA (Fredrickson International) failing to pass on my monthly payments from Oct 2004 to March 2005. Anyway it appears its nearly sorted out at as Fredricksons have sent me a statement which shows that all monthly payments were met and the RBS have acknowledged this and advised that they will de register the default:j :j .

As a result of the above I asked the RBS if Moorcroft were passing on the monthly payments on a loan account I had to avoid any other defaults being registered incorrectly. The RBS advised that they had no record of any other credit agreement with me and that they had not instructed Moorcroft to collect any payments from me and as far as they were concerned I now owed them no money Moorcroft say I still owe £2k.

Now although back in 1999/2000 me and the wife had our heads stuck firmly in the sand, I definately remember borrowing £4.5k off the RBS, remember not paying it back and remember paying Moorcroft for the last 5 Years.

Any ideas please how I find the account details, the RBS have no knowledge of it, Moorcroft wont tell me anything other that the RBS instructed them to collect the monies and I have no way of checking if Moorcroft are passing on my monthly payments to the RBS??? as they say I dont owe them anything???

Really confused any ideas would be greatly appreciated.

Happy Boxing day all.

Bruce123_2

BUMP

Any ideas please?

Any standard letters to send to Moorcroft to find details of the credit agreements etc??

Cheers

rchrisp

can you not just write them a letter giving them 14 days to send you a copy of the credit agreement and the outstanding balance, etc?

Bruce123_2

I thought i'd seen a standard letter on other threads quoting various laws whereby the bank or DCA had to provide a copy of the agreement within 30days?

Mike_St_Helens

Im not sure on how many days it is, but dont make any further payments until they acknowlege this.... They are crooks at moorecroft so please beware. Find out your rights on this... someone will know soon....

They are horrible people, Be very harsh with them. Call them and ask to speak with the manager, they will say no but percivear and you will get through.

sgx.saint

Account Number: XXXXXXXXXXXXXXXXX

Dear Sir/Madam,

Application under the Consumer Credit Act 1974.

I do not acknowledge any debt to your company, therefore please supply me with a true copy of the alleged agreement you refer to in your letter dated xx/xx/xxxx. under s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

In particular I require you to provide the following:-

1. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
2. A complete list of all monies paid to you by myself on this account by way of statements.

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

You are reminded that you have 12 working days from reciept of this letter to supply this information.

Yours Faithfully

XXXXXXXXXXXXX

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That should do the trick!

Bruce123_2

Cheers Mike & Saint I'll send the letter & wait to see their responce.