Moorcroft Letter (1) advice on next step please

SPANIEL36

hi, i have two accounts with Moorcrofts and last week i sent off a letter requesting the copy of CCA and letter confirming they can chase the debt...this is reply to the first one. I would like some advice on what my next step should be.


Dear Miss Spaniel36

Thank you for your letter of 10th September 2007. At this stage we are currently unable to provide a copy of the agreement as we have been in contact with our client (studio cards & gifts) who have confirmed that the origional credit agreement was sent with your first invoice and you were instructed to keep the documentation in a safe place.

If there are any areas where you feel that a dispute in relation to the account still requires resolution please provide details. If this is not the case we look forward to receiving your settled proposals

We therefore return the payment submitted in that connection




now i did ask them for a COPY of the agreement, obviously they haven't got it. Personally i think i din't receive one with my first invoice either, so am i right in thinking that because they cant provide this that i dont have to pay it???

what would be my next step? any template letter would be great

many many thanks in advance

moonrakermagpie

Hi there,

I am not an expert and am only a newby on this site, but I have had lots of help and advice from the "topguns" on this forum, and have read a lot of threads.

From my understanding, no cca, no legal right to pursue the debt from the person who owes the debt.

I to sent a letter to moorcroft to ask for the CCA, and received this reply:-

>>>>We write further to your recent letter.We can confirm that on this occasion we are unable to provide a copy of the signed Credit Agreement for the above account as we are no longer dealing on the above account. We therefore returned the postal order submitted in that connection.

Please forward all future queries and payments direct to our client.
We write further to your recent letter.We can confirm that on this occasion we are unable to provide a copy of the signed Credit Agreement for the above account as we are no longer dealing on the above account. We therefore returned the postal order submitted in that connection.

Please forward all future queries and payments direct to our client.<<<<

And this is the advice I got from this forum:-

Basically, Steve - YES the 'dreaded' MOORCROFT could not supply a true signed copy of the original credit agreement and have, basically, admitted that they can no longer pursue the 'alleged debt'.

Well Done - you have shown that the system works.

I would not contact the original creditor.

It is possible that another Debt Collection Agency will 'latch on' to this 'alleged debt' in the hope of making a fast buck. If that happens, do the same with them.

Again - Great Result - Well Done. :T :T :T

As I say, the other Guys and guyesses on here know much more than I and I'm sure they will be along soon.

As moorcroft cannot pursue the debt, as far as I am aware you do not need to do anything more, basically you have won, well done!!!!!!!!

Do not contact them in any way until advised to do so.

Can I assume that the debt was in fact "yours"

Cheers

Steve

SPANIEL36

hi, yes both debts were mine, i admit that and have been making monthly payments to them. However each month i have requested a statement of account from them on each account and have not received one...funny how their letter receiping my payment reaches me every month dont you think!!!

after reading so many posts on here about the dreded moorcroft i thought of asking them for the relavant info just to see what they say


shall i send them letters now acknowledging that they cannot provide me with what i need therefore i wont be paying anymore and they shouldn't pursue me?

thanks again,

PayPeanuts_2

Cheeky cheeky moorcroft!

I doubt if they went to court and were required to provide a credit agreement that the judge would accept 'We sent a copy to SPANIEL36 for safe keeping he/she should have it'!

SPANIEL36

they said and i quote "the origional credit agreement was sent with your first invoice"

who in their right mind (even company wise) would send out origionals?? even so a copy of a copy they should have should still be available

am i right??

MooseNoodles

Don't forget if they pass the debt back to the original company then moorcroft need to refund any payments you have made to them back to yourself.

SPANIEL36

never thought of that!!

if they do pass it back, and the origional creditor still cant provide the CCA, does that still mean i dont have to pay?

moonlightpjs

Moorcroft cannot chase a debt unless THEY can provide a CCA. Studio cannot either and speaking from experience they (if you CCA them) will try to fob you off by sending a "template" CCA etc. Ignore them, they cannot enforce the debt without a true, properly executed CCA, no matter how many threats they make.

If you hear from Moorcroft again I would send them this letter (or you could in fact send it now if the 12 and 2 days has passed), it may need amending to suit your own circumstances. If you need any further help then you can PM me as I am not on the board much now due to personnal circumstances but if you PM me it will come through to my e-mails.


Dear Sir or Madam

Re: my request under the Consumer Credit Act 1974

I do not acknowledge any debt to yourselves.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until DATE (12+ 2)to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

You now have until DATE(the 30 days) to comply with my request. Should you fail to provide me with a true copy of a properly executed credit agreement by this date, you will have committed a criminal offense and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I look forward to your reply.

Yours faithfully

rog2

Hi Spaniel - Weller's letter is 100% - use it.

It is up to Moorcroft to supply a copy of the CCA - they CAN NOT say that you had a copy with your first invoice, therefore they are no longer bound by the Law of the land.

MOORCROFT are a bunch of thugs - pure and simple.

view

Just a query, is it a debt that you have caused by ordering goods and/or services but not kept up to date so your account was passed to an outside agent?

If this is the case, and I may have got the wrong end of the stick here, but why should you not pay for something that you ordered and received?

SPANIEL36

goldenjill

yes you are correct. as it happens i am paying them a set amount per month to each account and was happy to do so but i was getting very peeved off at the fact that i was constantly asking for a statement of account each month and i wasn't ever receiving it yet the receipt of my monthly payment accepted always made it through my post box.

on each account there are administration charges from the origonal creditor and i was more curious than anything as to whether they still had the CCA and deed of assignment