CCA letters to debt collector.

stu12345_2
stu12345_2 Posts: 800
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edited 20 October 2023 at 1:27PM in Debt-free wannabe
just reading a recent letter from my bank who state moorcroft is acting as agent for my bank credit card debt.
they say do not speak to bank anymore.speak to moorcroft.
my question is if moorcroft is only the acting  agent collecting for the bank.they haven't bought the debt.
.then why would moorcroft have my consumer credit agreement.surely the bank will still have it.
who gets the CCA request letter from me..the bank or moorcroft.
pay your debt at your rate.not what the creditor demands.cos they have no power.they aren't the police.
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  • sourcrates
    sourcrates Posts: 28,543
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    That is correct, the original paperwork is always retained by the original creditor, it never leaves them unless they destroy it or lose it, even when the debt is sold, it stays with them.

    Neither the collector managing your account, nor the new owner of your debt, if it`s been sold, will have any previous knowledge of your account or its validity, and certainly won`t have any original paperwork.

    This is why it is the duty of said owner/collector, to pass on any request made under section 77/79 CCA, to the original creditor, in order for them to action a response.


    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 [email protected]. 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
  • stu12345_2
    stu12345_2 Posts: 800
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    edited 20 October 2023 at 1:25PM
    ok.does that mean in another of my debts eg Barclaycard that is now being collected by pra group I write a letter to pra group.
    as I spent time writing these letters.not posted them yet.i wrote the letters to the debt collection companies.not the original lender.havr I done got it right
    think you mean only contact new collector
    my bank RBS said moorcroft have all my account details  I assume they will not have my CCA agreement unless I ask for proof of it
    pay your debt at your rate.not what the creditor demands.cos they have no power.they aren't the police.
  • fatbelly
    fatbelly Posts: 20,233
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    Send them to whoever's writing to you provided it's a cca debt
  • stu12345_2
    stu12345_2 Posts: 800
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    edited 20 October 2023 at 1:42PM
    is it worth it.if it's only say £80 debt or should I go after the debts I owe worth £3000 
    pay your debt at your rate.not what the creditor demands.cos they have no power.they aren't the police.
  • stu12345_2
    stu12345_2 Posts: 800
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    edited 20 October 2023 at 1:43PM
     does a drafty loan got a cca
    pay your debt at your rate.not what the creditor demands.cos they have no power.they aren't the police.
  • sourcrates
    sourcrates Posts: 28,543
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    edited 20 October 2023 at 1:49PM
    Debts can either be assigned "Equitably" or "Legally".

    When a debt gets assigned to a collector to manage, its called an "equitable assignment", the collector can ask you for payment, but cannot take legal action to make you pay.

    A "legal assignment" usually means they have purchased your debt, so have inherited all rights and privileges, they can take legal action to recover the debt.

    In all instances you correspond with whoever writes to you, as previously stated, it would be impossible to include original paperwork with every debt sold or assigned, so that only comes into play once you request to see it.

    They would prefer you were unaware of your rights to sec 77/79 CCA, and their obligation to comply with said legislation, they want you to pay up without question, which is something you should never do, always ask for evidence, as without it they have no legal right to ask you to pay anything.

    The consumer credit act provides protection for regulated debts between £100 and £30,000.
    Some financial products are not CCA regulated, the credit agreement you sign will make it clear if the CCA applies or not.
    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 [email protected]. 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
  • stu12345_2
    stu12345_2 Posts: 800
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    edited 20 October 2023 at 2:12PM
    ok got a debt with drafty loans which was then went to credit solutions who now said it's back with drafty cos of time expired whatever that means it's around £80.
    should I request a CCA from drafty or concentrate on my bigger credit card debts CCA requests
    pay your debt at your rate.not what the creditor demands.cos they have no power.they aren't the police.
  • Sly72
    Sly72 Posts: 112
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    my advice is send them see what you get back, they won't ask for payment until sorted out.

    I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.
  • sourcrates
    sourcrates Posts: 28,543
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    On the other hand an £80 balance will not be top of the list for collection teams, not much profit in recovering that, honestly I would not bother.
    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 [email protected]. 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
  • stu12345_2
    stu12345_2 Posts: 800
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    edited 21 October 2023 at 6:40AM
    drafty loan is a payday loan.so I read the CCA doesn't apply to them. in the same way overdrafts are exempt as well
    pay your debt at your rate.not what the creditor demands.cos they have no power.they aren't the police.
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