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Moorcroft again

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Comments

  • sourcrates
    sourcrates Posts: 31,800 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    A notice of assignment is worthless, just a notice, they need and must have a deed of assignment and it must have wet signatures.

    Never happens though does it !!

    Only a court can demand to see one .
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • SPELLKASTER
    SPELLKASTER Posts: 468 Forumite
    sourcrates wrote: »
    Never happens though does it !!

    Only a court can demand to see one .

    Wrong.

    You are perfectly entitled to see this document under a CPR 31:14 document request.

    It shows the debt was legally purchased and its what the creditor will use to justify court action.
  • sourcrates
    sourcrates Posts: 31,800 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Wrong.

    You are perfectly entitled to see this document under a CPR 31:14 document request.

    It shows the debt was legally purchased and its what the creditor will use to justify court action.

    But doesn't apply in this case as Moorcroft don't buy debts.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • SPELLKASTER
    SPELLKASTER Posts: 468 Forumite
    sourcrates wrote: »
    But doesn't apply in this case as Moorcroft don't buy debts.

    So if Moorcroft don't buy debts, why do they then do credit searches on you as they did in my case!?
  • sourcrates
    sourcrates Posts: 31,800 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    So if Moorcroft don't buy debts, why do they then do credit searches on you as they did in my case!?

    I might be wrong, but every letter I've ever seen from Moorcroft states "on behalf of our client" on it.

    Which means there acting on behalf of someone.

    I've never seen one of there letters that states "we have purchased your debt from so an so".

    But, as I said, I stand to be corrected.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • SPELLKASTER
    SPELLKASTER Posts: 468 Forumite
    sourcrates wrote: »
    I might be wrong, but every letter I've ever seen from Moorcroft states "on behalf of our client" on it.

    Which means there acting on behalf of someone.

    I've never seen one of there letters that states "we have purchased your debt from so an so".

    But, as I said, I stand to be corrected.

    I did challenge Moorcroft and asked them to remove the search from my file to which they refused not saying why.

    I guess I might just have to contact the ICO and make a formal complaint, if they didn't purchase the debt and its still owned by the OC, then why do a credit search!?

    It doesn't make sense.
  • Just thinking that if a dca did buy a debt, would a deed of novation also be necessary if the law was strictly applied ?
  • sourcrates
    sourcrates Posts: 31,800 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Just thinking that if a dca did buy a debt, would a deed of novation also be necessary if the law was strictly applied ?

    A deed of novation is an agreement which transfers one party's rights and obligations under a contract or agreement to a new third party. The terms of the agreement remain the same, but the identity of one party changes.
    Where a "deed of notation" refers to a debt regulated by the consumer credit act, usually a copy of the said agreement is sufficient.

    You only need to produce the deed of novation if the original agreement was a deed, say for a property, there is no law that requires you to produce it as evidence for the sale of a debt.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • 87mave
    87mave Posts: 38 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    Easiest bet is just to call up Moorcroft. The debt isn't going to go away.

    I currently use Moorcroft to pay a debt off, and they've actually been really good on the phone.
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