letter from moocroft

moonrakermagpie

Hi Keith, Sorry, I thought I had posted the letter on my last post, but obviously not, so!! here it is:-

3) Requesting CCA (see also 4 before doing this)
You can also request the CCA (consumer credit agreement) and letter of assignment (this gives the DCA the right to collect the debt on behalf of the original creditor). There is a standard letter to request these items. The key here is 1) send the letter recorded 2) enclose the payment (photocopy the letter and postal order/cheque) and 3) stick to your guns and if they don't come up with the CCA, do not make any payments until they do! This is critical as they will continue to bully you into making payments. They are required to provide a signed CCA from your daughter in order to prove the debt is hers. If they fail to do this, their power to chase your daughter, in law is diminished. You are taking advantage of the Freedom of information act by requesting this information:

Dear Sir or Madam

Account number - xxxxxxxxxx

This letter in no way acknowledges that I hold a debt with your organisation or any other.



With reference to the above account, I would like the following information provided to me at your earliest convenience.

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within 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 XXXXXXXX.

2. The deed of assignment allowing you to collect this debt

3. A statement of account

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that you cease chasing this unsubstantiated debt.

Your faithfully

This was posted on one of my previous threads when I first started dealing with "E's" debts etc.

The reply was by "angelavdavis" and is on this thread :- http://forums.moneysavingexpert.com/showthread.html?t=518431

It may be worth your while reading the whole thread

Also, if you have not done so already, you really should post your own thread on here so that all the really clever guys and guyesses can help you in a way that suits your particular circumstances, much better that I can.

I will look out for your thread in the coming days

Cheers

Steve

keith_lard

THANK YOU!!!!

For your template letter, I will send it ASAP!

note, I have all accounts setup with CCCS and have been paying them for 2 years now.

But I do want to know if they have legal right to ask for the Debt in the first place?

I will send of the letter to all DCA's and if they dont reply I will end their payments!

I never knew my rights untill now.

Thanks again.

p.s If moorecrooft do come to my door again, I will ask them for the OCA and if they dont have it, TUFF!!!!

moonrakermagpie

Thanks Keith, Do post "your" thread on this site as it may well help you.

Cheers Steve

pania

moonrakermagpie wrote: »

Hi there, doing ok thanks,

Glad to hear it!!
She had £3000 of debt at christmas and was in arrears with her electric,water,tv etc, and all her debts. Whenever she was threatened with disconnection or received a letter threatening court action she would phone her mum,(my OH) and her mum would pay some money to shut them up.

Bless mums the world over!! I've had to go to my mum sooooo many times and shes never failed to support me, love her. Felt really guilty about it but now happily in a position to sort it myself and leave mum to enjoy her hard earned cash. (she never told my dad either until he fathomed it out for himself!)

Most of this, I did not know until last christmas and it had been going on for years, my OH had been paying £100 here, £20 a week to moorcroft for a year or more and other amounts at other times.
I don't mind the money so much, (well I do really, I work lots of overtime to make our lives a bit better and it hurts to see it just going out with nothing to show for it)

Yup is absolutely gutting to see hard earned cash go on "nothing" which i think is the main motivation for many of us to get out of debt. We forget that debt is "money borrowed from the future to pay for today" and pretty soon the future arrives and we forget what we've spent the money on in the first place!

Apart from the debts, (which all go back to six or seven years ago, to when "E" was working and being offered store cards and credit cards etc), much off her financial problems were due to mismanagement of her day to day budgeting. ANY "spare" cash she could get her hands on would be "blown" the same day to cheer herself up, but knowing it was wrong and that she didn't need the things anyway.

Has "E" had her own dawn of realisation yet? I think it is fantastic that you have taken it upon yourself to assist her, and it's an amazing thing for you to do. :T :T
It sounds asthough "e"'s spending is down to a feeling of something missing in her life and trying to fill it through shopping etc instead. She needs to come to terms with all of this to avoid a similar situation happening again when you hand the reins back to her.

humm!! not impressed at all!!!!!!

I bet you weren't!! I remember my dads face when he found out, I wanted to run, very fast!!!!

Next!! to make these new arrangements work I have opened a new bank account (as with her credit rating she is unable to) And this is her "billings account" some of her benifit is paid into this account and all the direct debits are paid from here, insuring they are always paid, thus avoiding the charges for none payment she was getting whilst also saveing 10% for paying by direct debit, as "E" never sees this money she is unable to "blow it" on stuff she does not really need, but most of all, all of her outgoings are always paid without fail and she does not even need to think about it. The bank now works for her!!!!!

I've done this for myself and for OH, It makes things SOOOO much easier.
I am now an online banking aholic and check atleast 3 times a day!! wheres my money, has everything been paid, wheres my money, what can i play with!! etc etc!! (Errr, i really meant what can i overpay my debts with, sorry fellow dfw'ers:o:rotfl: )

.

I found a 3 for £30 deal with virgin that is amazing, Free landline calls 24/7 with unlimited broadband and a simm card with any time any network.

Wish i could have me one of those!! have to use my mobile for business with no recourse from the company. trust me you really don't want to know my monthly bill!!:rolleyes:

Oh!!! and "YOU TUBE" lots of "YOU TUBE", not sure I approve!!!! she should be doing housework or "doing stuff" like my mum used to do 24/7.

Hmmm, atleast she's not spending money on you tube. But maybe ebay or even MSE would be more productive!:D

This web site has been a great support for me, and we have been able to write off "3" of her debts including this moorcroft one, saving her over £1000.
:money: MSE Martin, you ARE a god!!

Without my OH seeing hugs to you to!!!!

Cheeky Plenty of hugs available on this site whenever needed!!:D


Cheers Steve (and "E")

Anyway, Good luck and keep us updated!!!
P
xx

pjd34

hi hope anyone can help me. have recieved a letter from a company called SRJ debt recovery ltd stating i owe £195.23 to carphone warehouse. As i was totally unaware of this debt and after getting nowhere with the company themselves i decided to send them a letter requesting a credit agreement. I was told that i would have to contact carphone warehouse themselves. Do i now have to send out another request to them? Any advice would be great to get these people off my back

pania

Hiya PJD34. Cut and paste this onto a new thread hon where people can see it independantly. You'll get ll the advice you'll need then.
Hugs P xx

SPANIEL36

pjd34 wrote: »

hi hope anyone can help me. have recieved a letter from a company called SRJ debt recovery ltd stating i owe £195.23 to carphone warehouse. As i was totally unaware of this debt and after getting nowhere with the company themselves i decided to send them a letter requesting a credit agreement. I was told that i would have to contact carphone warehouse themselves. Do i now have to send out another request to them? Any advice would be great to get these people off my back

People please correct me if i am wrong...

in my thinking, this company has aquired the debt from carphone warehouse, there for they should have both a copy of the origional CCA and also a letter of assignment which allows that company to collect the debt on behalf of carphone warehouse. if you read previous posts they will explain a bit better than me!!

pjd34

thanks for the reply. the debt agency have said i have to contact carphone warehouse even after i stated they should have a copy of the agreement. do you have any advice on what i should do now.

moonrakermagpie

Yes, as pania has said, start a new thread on this forum so as everyone can see it, only folk following this thread will see it down here,

Hi to you Pania, forum hugs to you.

Cheers Steve

pania

Hey PJD i know you'll check back on here, just to let you know i have cut and pasted your original post onto a thread in my name so you can get the advice you need. click on my name and look under "threads started by pania" if you can't find it to start with. I've entitled it "posted on behalf of PJD34".

Hiya steve, great to hear things are coming good for you and "E". and thanks for the hugs and birthday wishes!! kind regards. P xx