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Moorcroft ignored my CCA request - advice needed
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battyfanker
Posts: 2 Newbie
Hi all, not sure if this is the right place to post but the forum is a little confusing!
I sent a template request for my consumer credit agreement along with the postal order for £1 on the 14/01/20.
I have now recieved a letter from them dated 25/01/20 ignoring my CCA request, instead the letter reads "MONTHLY INSTALLMENT OFFER"/"As we have not recieved any communication from you"... etc.
The problem I have is that I stupidly only sent it 1st class, Not recorded or tracked. I do however have the reciept for the postal order which includes the date, payee and amount.
How should I proceed with this?
Many thanks in advance.
I sent a template request for my consumer credit agreement along with the postal order for £1 on the 14/01/20.
I have now recieved a letter from them dated 25/01/20 ignoring my CCA request, instead the letter reads "MONTHLY INSTALLMENT OFFER"/"As we have not recieved any communication from you"... etc.
The problem I have is that I stupidly only sent it 1st class, Not recorded or tracked. I do however have the reciept for the postal order which includes the date, payee and amount.
How should I proceed with this?
Many thanks in advance.
0
Comments
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You won't have a CCA agreement with Moorcroft. You may have one with whoever they are collecting for.
Who are they collecting for?Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
They are collecting for Nationwide. But it was my understanding that Moorcroft had a duty to refer my request to them. My letter stated:
"If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189."
Is this not correct?
Thanks0 -
in the case of a simple assignment, and places a duty upon you to pass this request to the creditor.
It's not been assigned. Lots of debt collectors like Moorcroft use the word "assigned" but not in it's legal sense. Send the CCA request to Nationwide and ask Moorcroft for breathing space while "you try to understand your legal position".Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
Also post to these companies is sent in bulk, so recorded mail, usually, gets sent in the same bag as normal mail.
Moorcroft have form for not passing on requests to creditors, as 64 points out, the debt has not been legally assigned, so they try to wiggle out of their supposed obligation on a technicality.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-letter0 -
battyfanker wrote: »I sent a template request for my consumer credit agreement along with the postal order for £1 on the 14/01/20.
I have now recieved a letter from them dated 25/01/20 ignoring my CCA request, instead the letter reads "MONTHLY INSTALLMENT OFFER"/"As we have not recieved any communication from you"... etc.
The problem I have is that I stupidly only sent it 1st class, Not recorded or tracked. I do however have the reciept for the postal order which includes the date, payee and amount.
How should I proceed with this?
.
I've replied to your question posted on another forum
Di0
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