Moorcroft - making full and final payment of old debt

RAS

Consumer Credit Agreement. Has to be supplied or the debt is unenforceable.

So this is what you send, recorded delivery, print your name. If they do not send the complete and proper documentation back with the time limits, you have to pay nothing.

Please do not sign it, just print your name. We have instances reported here when the returned sig was that of the person who sent the letter and not the putative debtor!

theThe Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

We understand a copy of our credit agreement should be supplied within 12 working days.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

The one pound is the statutory fee that you have to send to pay for the CCA. it must be sent registered mail or special delivery and check when it is received.

The DCA have 12 working days plus 2 to respond to you before they are in default. 30 days after that, you can tell them where to go, rather firmly.

rog2

melie3 wrote: »

hi,
sorry for hijacking post but ive just received a letter from moorcroft this morning, i recently asked for my CCA. they cannot provided me at this time with my request as 'they are no longer dealing with account'. not sure what i do now as im not disputing i owe the money. its owned by m and s. should i contact them or wait until i hear from them??
kindest regards melie x

Wait till you hear from M&S, melie. It's possible that they may have 'sold off' the debt and are no longer pursuing it themselves.

RAS

melie3 wrote: »

hi,
sorry for hijacking post but ive just received a letter from moorcroft this morning, i recently asked for my CCA. they cannot provided me at this time with my request as 'they are no longer dealing with account'. not sure what i do now as im not disputing i owe the money. its owned by m and s. should i contact them or wait until i hear from them??
kindest regards melie x

Melie

This means that they cannot source the CCA and are no longer trying to collect the debt.

They may have sold it on or have "refered it back to the original creditor".

Can you start your own thread, so we can help you.

nanamoan

Thanks for your help so far, you guys are great! I have another credit card which I just pay off a bit above the minimum each month eg min payment is £55 I pay £80... seems to be taking forever to go down (I cut the card up years ago and requested that they didnt send me a replacement to get rid of the thing) - what would happen if I offered a full and final settlement on this one as well? Would it affect my credit rating for future stuff? Or should I just carry on as I am?

I am thinking of writing the letter in regards to full and final to Moorcroft with my new address, would you advise against this in your experience? or would they get this anyway through some sort of checking system of my credit file?

Thanks

RAS

If Moorcroft cannot produce the CCA, then they cannot pursue you for the debt anyway, so there is no point in offering a full and final. You will just not need to pay anymore.

The other rather sad point is that we get loads of people who have offered full and final and then the remainig debt has been sold to another agency, who come chasing for it. NEVER do a F&F until you have in writing from the DCA that the pay ent is F&F, that they will mark the account as full satisfied and that they will not sell the debt on.

You refer to another credit card? Can you explain a bit more - like how much, what is the APR etc?

nanamoan

RAS wrote: »

If Moorcroft cannot produce the CCA, then they cannot pursue you for the debt anyway, so there is no point in offering a full and final. You will just not need to pay anymore.

You refer to another credit card? Can you explain a bit more - like how much, what is the APR etc?

Should I pass on my new address to them (moorcroft) then to get the CCA? or would they be able to get this anyway? The debt has been going on for over 6 years with them and I have moved a few times, dont think they are necesarily aware of the new addresses

The other card is Bank of Scotland -balance £2200 APR is 18.9% (which is extortionate in my opinion, almost as bad as a store card), the credit limit is £4000 but I dont use it as I said, never missed a payment and pay just over the minimum amount.

Thanks

nanamoan

I am thinking in regards to the Moorcroft debt balance now £750 of just paying them £10 (as I originally agreed with them but they kept wanting me to increase to the current £50/month) each month until I finish as a student and then just pay the balance? which by the will probably be about £600... whats the advice in regards to this
Thanks, nana

Cleosmum

rog2 wrote: »

Moorcroft are a totally unprofessional bunch of thugs, whose behaviour is well documented on this forum.

Gulp. I was just reading the thread in the hope they are nice guys, as Ive just got a letter about intended litigation :eek:

thepinklady

When I had a debt with Moorcroft they were total bullies to begin with, didn't take no for an answer. When i made my final payment to Moorcroft I wanted a letter from them saying the debt had been cleared, it took 2 months for me to get this letter, and every time I called to chase up the letter I just got spoken to in such an unprofessional manner.

nanamoan

OK after reading all the moorcroft threads I think I will write to them with my next payments, outlining that the max I can pay at present it £10/ month and then just continue to pay that amount
Thanks to all ...