Egg cca - Moorcroft good news?

[texanbar]

Hi peeps,

 

Okay, I sent off my CCA request to Egg and received my CCA which was exactly the same as cosalts (unenforceable). I sent off my letter to Moorcroft and this is their response.

 

I am surprisingly pleased with the response.

 

As such, please accept my monthly payment which I would have paid to them to you...

 

I couldn't have got this far without all your guidance. I shall wait and see what happens next.

Thanks

x:-)x

[militantconsumer]

Good work texanbar.

 

My agreement is also the same - i.e. it has an "approved limit" rather than a "credit limit" (the latter being a prescribed term).

 

Here is the other thread with the explanations:-

http://www.consumeractiongroup.co.uk/forum/egg/177463-response-our-egg-cca.html

 

I will follow your progress with interest as we are heading down the same road.

[texanbar]

Hi everyone,

 

An update. This morning I received a piece of communication from Moorcroft which was sent in an A4 brown envelope. Feeling quite descriptive tonight!

 

Inside, is a template letter where they have wrote on my reference number and my name (incorrectly may I add).

 

The paragraph then states "

 

Please find enclosed a copy of the (Bill/Statement/Breakdown - these have been deleted) /Agreement for the above account.

I have placed your account on hold for fourteen days to allow you time to contact us to arrange a repayment plan. Please be advised if you fail to do this we shall be left with no alternative but to commence further action against you.

Yours sincerely

(not signed)

Client Services.

 

and attached is the photocopy of the CCA I sent them advising them of the unenforceable CCA.

 

Okay, am I bothered... NO

Will I be reinstating my monthly amount... NO

Will I be contacting them... NO

Am I scared.... NO

 

If this is the response their supervisor told me to expect, then I am quivering in my slippers! Please don't mess with me today...I can get very angry

 

x:)x

[texanbar]

Hi everyone,

 

Latest piece of news... received another letter from Moorcroft, Notice of Intended Litigation demanding payment in full!

 

Has anyone got a suitable response letter I can use to follow the previous letter about my thinking the CCA is unenforceable. Don't think the 'bemused' letter would suffice.

 

Thxs

x:)x

[texanbar]

BUMP

 

Is there a letter I can send to Moorcroft.

 

I have had my first phone call from them, last night at 7.15pm. I am very surprised how they even got my number as I have never let them have it? He didn't even go through any security questions and even when I said,

"I will not discuss anything over the phone, you need to communicate in writing and I will not answer any security questions. Thanks,.."

 

At this point he was virtually shouting, "I AM NOT ASKING YOU SECURITY QUESTIONS, I WANT TO KNOW WHY YOU HAVE NOT RESPONDED TO OUR LETTERS!"

 

I repeated myself twice, said "thanks" and then "bye" and put the phone down on him.

 

Any help would be grateful. I have since stopped making payments to Moorcroft, does anyone know if Egg sell the debts on or just pass them over to get some kind of payment?

 

Thanks everyone,

x:)x

[militantconsumer]

We have just been successful in making Moorcroft give up on a Next Directory debt using the letter below (sent by special delivery).

 

Obviously, as you can see, this was a case where there was no signed agreement, so you would need to change the parts in red for the no credit limit angle (there are plenty of letters about that on other posts).

 

But the useful thing to know is that this letter actually worked - they immediately wrote back to say they were passing it back to Next Directory. And I had been 100% sure they had actually bought the debt! Not sure if it's the same with Egg or not.

 

I acknowledge receipt of your letter dated XXth XXuary 2009, in which you claim that I have defaulted on an agreement to pay £XX.00 per month and that I am in arrears for the sum of £XX.00.

I now consider the full alleged amount of £XXX.XX to be in dispute as it is my belief that no signed credit agreement exists to support my alleged indebtedness, rendering your claim totally unenforceable in the courts.

You have failed to provide me with a copy of any credit agreement for the above account, completely ignoring my formal request pursuant to s.77/78 of the Consumer Credit Act 1974, which I sent you on XXth November 2008. I now enclose a second copy of this letter.

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. This deadline has now passed and I have not received the requested documents from you. I am sure you are aware that an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable.

I trust you will now be in a position to reduce the balance on this account to £0 and to remove any default that has been registered by yourselves with any credit reference agency, as required by the Data Protection Act 1984.

Furthermore, please be aware that from this point onwards I will respond only to written contact. You are now under notice that I will not discuss personal or confidential matters over the phone under any circumstances whatsoever.

I trust you are aware of the limitations placed upon you now that the account has been formally disputed. I particularly draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute.

The lack of a valid and enforceable credit agreement is a very clear dispute and therefore the following applies:

• You must not demand any payment on this account, nor am I obliged to offer any payment to you.
  
• You must not add any further interest or charges to this account.
  
• You must not pass this account to any third party.
  
• You must not issue a default notice on this account.
  
• You must not register any information in respect of this account with any of the credit reference agencies.
  

Any further actions taken by Moorcroft to collect the alleged debt whilst it is under dispute will be vigorously defended. I am also aware of the law regarding harassment of creditors under these circumstances and will use UK law to defend myself.

I look forward to receiving a satisfactory response.

[texanbar]

Thank you so much! Letter gone today in post - registered.

 

x:)x

[texanbar]

EVERYBODY I HAVE SOME GOOD NEWS!

 

Today, I received a response from Moorcroft following on from the letter I sent them. It says "

 

I write further to your previous correspondence. I can advise that whilst we do not accept that contentions you have made and would again refer you to the attached document, signed by yourself and by a representative of Egg Banking plc, we have decided on this occasion and on purely economic grounds alone to close this account and we will take no further action at this time. This action is made on a without prejudice basis."

 

Can you believe it! Thank you to everybody, thankyou! I could not have done this without you.

 

x:)x

xxxxx

[militantconsumer]

WOO HOO!

 

That's great news.

 

So does that mean they actually bought the debt from Egg, i.e. they're not just passing it back to Egg again?

 

These DCAs seem to just roll over when you stand up to them.

 

Brilliant work!

[texanbar]

I know what you mean militant! I never did find out if Egg actually sold the debt or if it will be passed around to another DCA. Anyway, I'm enjoying the moment for now!

 

x:)x

[lollipop73]

Your joking???? They have ended the agreement as a result of the "approved" or "individual" limit argument????

 

 

This is indeed fabulous news-tell me though, they have told you that this is indeed the end-they won't be passing it off to the Mitchell Bros Corp?

 

 

 

HOORAY.

[texanbar]

Well Lolli, I know, approved limit or whatever they based their decision on - it has happened. With regards to it being passed on, we shall wait and see! I don't know.

Those were their exact words from my letter this morning.

 

Who knows, I must be psychic giving myself a thread title of "Moorcroft good news!" I clearly surpassed myself!

 

x:)x

Edited March 20, 2009 by texanbar
typo

[lollipop73]

Well, I sincerely hope so Texanbar.

[basa48]

Well Lolli, I know, approved limit or whatever they based their decision on - it has happened. With regards to it being passed on, we shall wait and see! I don't know.

Those were their exact words from my letter this morning.

 

Who knows, I must be psychic giving myself a thread title of "Moorcroft good news!" I clearly surpassed myself!

 

x:)x

 

What else did you dispute for them to base a decision on?

 

Whatever, it gives us all added encouragement (although I never really doubted it was a winner).

 

Incidentally, on a point of law. It is a good job the 'without prejudice' bit is meaningless in this context (it is only used in negotiations to make settlements - in your case they are not offering to, they have 'closed the account'), otherwise you would be guilty of breaking confidentiality.

 

Still .. too late now !

Edited March 20, 2009 by basa48

[texanbar]

Honestly nothing else, I did a CCA request, sent Moorcroft a letter after reading Cosalt's thread, sent them another letter as per militants (post number 6 above) and hey presto - here we are.

 

Thanks everyone - obviously i shall post if I ever do receive anything else!

x:)x

[havinastella]

you do know that it will be passed back to Egg, who will farm it straight back out to some other low life.

 

 

Jogs

[basa48]

you do know that it will be passed back to Egg, who will farm it straight back out to some other low life.

 

 

Jogs

 

PARTY POOPER !!!!!! :D:D

 

 

 

Anyway, the point is if one DCA finds this issue too hot to handle maybe they all will. They know the argument is very strong and so do Egg.

[militantconsumer]

you do know that it will be passed back to Egg, who will farm it straight back out to some other low life.

 

 

Jogs

 

I don't think we have established whether Moorcroft were acting for Egg, or whether Moorcroft bought the debt outright off Egg.

 

If they bought it, they won't be able to pass it back.

 

If they were just acting, and Egg use another "low life", texanbar can send the same letter to the new "low life". None of these "low lifes" want to deal with difficult cases, and texanbar will be able to collect 'give up' letters, and even frame them!

[havinastella]

I don't think we have established whether Moorcroft were acting for Egg, or whether Moorcroft bought the debt outright off Egg.

 

If they bought it, they won't be able to pass it back.

 

If they were just acting, and Egg use another "low life", texanbar can send the same letter to the new "low life". None of these "low lifes" want to deal with difficult cases, and texanbar will be able to collect 'give up' letters, and even frame them!

 

As the letter in Post #1 states 'Our Client' I assumed that Moorcroft hadn't brought it

 

 

Didn't mean to sound like a party pooper and I apologise, esp as I love DCA baiting.

 

 

Jogs

[texanbar]

You guys have beat me to it! Let me be in my bubble just for 24 hours! I'm sure it will burst by the morning!

 

x:)x

[proudtobegerman]

Hello ! First post on here and hope i'm writing in the correct place !

 

I have long since been reading and following advice given on here with regard to EGG/MOORCROFT. I have the exact same credit agreement and sent the same letters disputing it but have heard nothing. Wrote some 2 weeks ago and nothing heard ! Would you advise me chasing Moorcroft are waiting for their repsonse first ?!?!

 

Thank you !

[cds]

Welcome to the forum, I would suggest you start a new thread on the egg forum.

 

Its easier for people to follow if all the information is in one place

 

best of luck

 

cds

[texanbar]

Hello ! First post on here and hope i'm writing in the correct place !

 

I have long since been reading and following advice given on here with regard to EGG/MOORCROFT. I have the exact same credit agreement and sent the same letters disputing it but have heard nothing. Wrote some 2 weeks ago and nothing heard ! Would you advise me chasing Moorcroft are waiting for their repsonse first ?!?!

 

Thank you !

 

 

Hello,

 

Yes it would be better to start your own thread, but in my opinion I would not chase Moorcroft for a response. It is up to them to respond. Just make sure you have kept copies of letters you have sent to them and also send communication by Recorded or Special delivery.

Good luck

x:)x

[proudtobegerman]

Just a quick note on this. I received a letter from Moorcroft stating that THEY themselves had cancelled my direct debit ! A day later I received a generic letter from EGG stating that they were very sorry about my need to complain and that they will reply to me soon following their investigations. This was almost 2 weeks ago !! Should I just wait ???

[basa48]

Should I just wait ???

 

Yep!!