CCA help please: Moorcroft replies with returned postal orders

SpagBol

Hello all,


We are a year into a self-managed DMP with £80k in debt to 14 creditors. It is going well and now things have settled, I felt ready to try the next stage and see if all the debts are enforceable.



Last week I sent off 14 CCA requests expecting not to hear anything for some time. This morning I have received 3 letters from Moorcroft.



One says the account is excluded from compliance with part 5 of the CCA, possibly fair enough as that one is for an overdraft.



The other two have basically said they won't forward to their client (BoS and Natwest) because the CCA isn't hand signed.


I also left the Postal Orders unsigned and uncrossed and they said they can't process as not made out to their client. When I've looked someone from there has written "MDR" on all of the postal orders! Even the exempt one. This is the bit I find most sinister.


So... I know I don't have to sign it. Have they broken the law by acknowledging my letter and not providing the CCA? What are my next steps? I'm not sure whether to leave it for the 12 days then write and dispute the account or send them another letter with a PO for the original banks with a giant X as my signature?



Thanks in advance.
SpagBol.

sourcrates

Hi,


They may be correct about the OD, as different legislation may apply.

The other two, well Moorcroft are just leading you on a merry dance, but in their defense they must be sure they are dealing with who you say you are, but it is all time consuming granted.


I would just cut them out of the equation altogether and send the requests directly to the original creditors.

Signing the letter is more to do with data protection these days, a signature is not required on a credit agreement to make it valid, so there is no reason not to sign it.

Also make the PO`s out to the OC`s as well, the 14 days are only guidelines, dependent on the age of the accounts, it can take many months, sometimes years, for them to comply.

SpagBol

Thanks Sourcrates.


The fact that they've put their name on the PO makes me think I don't want to give them my signature!


I will send the original letter/PO to Natwest/BoS then. Am I right in thinking they can still cash the PO because it is uncrossed? I didn't put a name on it as I thought then Moorcroft could send to the original creditor.

sourcrates

SpagBol wrote: »

Thanks Sourcrates.


The fact that they've put their name on the PO makes me think I don't want to give them my signature!


I will send the original letter/PO to Natwest/BoS then. Am I right in thinking they can still cash the PO because it is uncrossed? I didn't put a name on it as I thought then Moorcroft could send to the original creditor.

That’s what they are supposed to do, but sometimes they fanny around, wasting time, it’s quicker to send it yourself to the OC.

You can put the creditor name on the P.O.

poppasmurf_bewdley

When I sent off my successful CCA letter about four years ago, I sent a £1 Postal Order with the name of the DCA printed in Block Capitals on the front.

For the signature on the CCA letter, I simple initialled under my name.

Both these were done to exclude the possibility of my signature being lifted and pasted onto any agreement the DCA or original debtor may produce or turn up! Not that I would for one moment believe that any of our DCA's would stoop to such a lowdown trick.

SpagBol

sourcrates wrote: »

That’s what they are supposed to do, but sometimes they fanny around, wasting time, it’s quicker to send it yourself to the OC.

You can put the creditor name on the P.O.

Moorcroft have written their name on it though before sending it back to me. I find this really strange and just confirms the fact that I shouldn't sign it to be honest!


So I will just forward the whole lot to the banks and hope they will just cash it themselves.


Thanks again.

SpagBol

poppasmurf_bewdley wrote: »

When I sent off my successful CCA letter about four years ago, I sent a £1 Postal Order with the name of the DCA printed in Block Capitals on the front.

For the signature on the CCA letter, I simple initialled under my name.

Both these were done to exclude the possibility of my signature being lifted and pasted onto any agreement the DCA or original debtor may produce or turn up! Not that I would for one moment believe that any of our DCA's would stoop to such a lowdown trick.

Yes, considering I sent the PO blank and they sent it back but put their name on it first, makes them seem totally trustworthy!

Just_Di

SpagBol wrote: »

One says the account is excluded from compliance with part 5 of the CCA, possibly fair enough as that one is for an overdraft. .

If this was an arranged overdraft facility that was renewed annually after 2012 then it's likely to be covered by s 77-79 CCA (running credit).

Don't tell them, let them find out the hard way if/when they try to enforce it in court.

From what you say you've submitted your valid CCA Request. Keep a copy and also a copy of their written response in case you need it further down the line.

A little more information would help

Di

SpagBol

Just_Di wrote: »

If this was an arranged overdraft facility that was renewed annually after 2012 then it's likely to be covered by s 77-79 CCA (running credit).

Don't tell them, let them find out the hard way if/when they try to enforce it in court.

From what you say you've submitted your valid CCA Request. Keep a copy and also a copy of their written response in case you need it further down the line.

A little more information would help

Di

Thanks Di.


Not sure I would have the stomach to fight that one, 3 of my debts are overdrafts and all under £500 so I think I'll let this one lie (will see what the others say though!)

SpagBol

Small update:


Sainsburys sent a beautiful reply with copy of signed agreement, monthly statements etc. so they get top marks.


Tesco have also written back asking for a signature, I will let them know I don't need to provide one.


Barclaycard have sent my husband a reconstituted agreement with no signature or date but it does have his name in the text, this card was opened in Oct 2012 according to noddle. Is this enforceable?



I've had two acknowledgement letters saying they need time, fair enough.


So the other 6 haven't replied and it's well over the 12 days.



What should be my next moves? Sains obvs enforceable and from what I've read on here, so is the Barclaycard. Tesco trying it on.


Thanks again all! :beer:

poppasmurf_bewdley

We all know that a CCA isn't valid if it's for an overdraft (unless renewed annually), but if the original debtor or DCA cannot provide the required CCA information, then they will not know the debt is for an overdraft, will they?

So there's no harm in trying it on.