Moorcroft chasing Lloyds loan now sold to 1st credit

[teaboy2]

@Intend

 

Are you are still making the repayments to Lloyds?

 

If so then and if moorcroft are still chasing you for repayments when you already have a repayment plan agreement with Lloyds, then they are in breach of OFT guidelines and their actions constitue harassment, as they have no entitlement to the debt. As they are acting on behalf of Lloyds, then a letter of complaint to Lloyds is also called for. In such letter, outline the dates of the letters received from moorcorft, and the threats they have made in such letters, and make it clear that as they are acting on behalf of Lloyds then it is Lloyds that are liable for any conduct of 3rd party Debt collectors that they use, conduct which in this case consitutes harassment. Also make clear that you view Lloyds actions of passing the debt to 3rd partys as a breach of the repayment plan contract/agreement, and as such the passing of your personal details is a breach of the Data Protection act.

 

Send the letter of complaint along with any CCA or SAR that you send to Lloyds.

Edited January 18, 2011 by teaboy2
added last sentence

[Tartan Barty]

Your loans loan account will now be with the Debt Recovery Team so all interest etc has been stopped but.....from my experience the Debt Recovery Team is a PC that sends ur details to Moorcroft, AIC etc and they chase it for Lloyds. I guess this is more cost effective. If you want rid of Moorcroft just CCA them and they will send u a standard "our client is unable to locate a copy" letter and hand it back to Lloyds who will then send a SCM letter out and then pass it onto another DCA.....and so the magic roundabout continues

 

I had a letter from Lloyds saying my loan had been passed to the Debt Recovery Team and they would be in touch......never heard anything from Lloyds so just keep making the payments as agreed and instructed on the letter and keep writing to Lloyds asking for further info which never comes (they did say on the phone they couldn't send me a letter to confirm Moorcroft were dealing with the account as they hadnt got a template!!!) If this ever went any further I have all the evidence I need to demonstarte that I have kept to the agreement and am merely awaiting further instructions from Lloyds...which so far have never come!!!

[teaboy2]

(they did say on the phone they couldn't send me a letter to confirm Moorcroft were dealing with the account as they hadnt got a template!!!)

 

Lmao, fancy admitting they had no template letter - I guess that just proves 1 of 2 things or both that we have suspected for a long time, and thats;

 

1 - their to lazy to type up a letter to you or;

 

2 - their to dumb and dont know how to type. lol

[intend]

Cheers for post - Teaboy - indeed have repayment plan due to end mid feb - still paying LTSB and ignoring Moorcrap - will indeed make offical complaint about their actions. The one thing this site has taught me is only strong actions will have any effect in the long run so the more of us that take action the more benefit will accrue in the longer term.

 

Any template letters to cover complaint or other who have been down this route??

 

Barty - agree, seems very similar to my situation - sent CCA for loan to Moorcrap for outcome you suggested would happen. Already had letter from SCM months ago - ignored nd carried on paying LTSB. Also, when first MC letter arrived , phoned LTSB collections and they could not confirm MCrap acting for them - so just ignore them and their letters stating we note your payment direct to our client but in futire BLAH...

 

Tempted to send in own review stating lower payment due to rise in living costs - see how they react.

 

One CCA arrived today - so clock ticking 12+2

 

Will keep you posted

[Bazooka Boo]

It's 12 working days from them receiving it, so when they sign for it, the clock starts ticking the following 'working' day.

[diddydicky]

IMO you are being badly advised to ignore moorcroft

 

Creditors are lawfully entitled to ask anyone they like to act on their behalf be it soilcitor debt collector or the local butcher

 

if they say they are ACTING ON BEHALF of Llloyds then you are expected to deal with them and not direct with their client (debtors sometimes complain that DCA's often ignore their appointed representatives and try to contact the debtor direct (what's good for the goose!!)

 

if they are NOT acting on behalf of the OC - and you have not been properly notified of an assignment- then that is a different kettle of fish

[intend]

I have had no notification from LTSB that their have instucted anyone else to deal with the account, nor that they have terminated our aggreed plan. In those circumstances I feel happy to ignore Moorcroft - their letter do not quote the account number in question so could refer to anything.

[intend]

Update

- Moorcrap still requesting pay them not their client

- today got reply from CCA request

- quick to type than scan

- looks like bog standard reply

- returned postal order

 

"We refer to previous correspondance (?) and confirm that at this time our client is currently unable to prove a signed copy of the agreement relating to this account"

 

Then refer to fact does not mean the debt dooes not exist and then quote McGuffick V RBS EWHC 2386

 

"CCA might render agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist"

- (sure I have seen identical response posted on the site )

 

Then usual blah re CRAs and that "the demanding of payment, issuing default notices and instructing a third party to demand or seek payment does not amount to enforcement.

( Can someone advise on this point please )

"Client's position remains that the balance of your account remaind due and payable.

 

Moorcrap then state account on hold for 14 days,

request telehone contact made (HaHa) and will discuss

"on a without prejudice basis that it would be our aim to reach a possible discounted agreement based on your financial circumstances

and to discuss a repayment proposal that you can afford and maintain"

 

Would like help and advice on next step.

 

Intend

[Bazooka Boo]

File under ignore, report their very immature response to the OFT&TS via http://www.consumerdirect.gov.uk/contact for attempting to exploit your lack of knowledge and using unnecessary legal Jargon, ie the case they keep on spouting giving them the deluded right to ignore any laws and guidelines laid down.

 

Once they are out of time (12 'working' days from receipt of your request send them the 'Failed' letter, and do not reply to anything further they may send, it really won't be worth your time, which you will be better spent watching paint dry, than reading anything this shower send you.

[intend]

Cheers BB. Will look in library for "failure letter". Hope to finalize complaint to LTSB this week and then reporting to other bodies.

 

Intend

 

Just saved failure letter redy to send next week.

 

Now awaiting reply direct from LTSB re the CC account.

 

As an aside, when I paid some cash for the credit card into a branch of LTSB

 

(son in law woRks 12 hour days and I will only pay loan and CC with cash - certainly no DD,

the "kind lady" sais he was paying a lot in interest and would get someone to ring to discuss!!

today he had a call from an 0800 number.

 

Anybody had a similar offer of help??

 

Intend

[Bazooka Boo]

Whatever they want to discuss can be committed to paper, no going back on what they say then, or denying having ever stated something. If they do ring, just tell them to put it all in writing, and that discussing financial matters over the phone, is not how business is conducted in your household.

[intend]

Update from CCA re Credit Card - got reply from LTSB - "enclosed copy of the reconstituted version of your executed agreement and a signed statement of your account" followed by usual bull about no requiremnet to provide a copy of original signed agreement. So

 

Got 7 pages of terms and a print out of the Internet Banking Application - this has an entry - Payment protection required? Yes ( start a claim???) and

entry CCA signed?: Yes, CCA Signed Date ** August 2**** (hidden for security) - plus a copy of the Credit Card Agreement regulated by the CCA Act 1974 - with no signature but the Payment protection cover checked. Has his name and address.

 

Advice needed on how this stacks up as enforceable - any help or pointers to places on the site I could swot up on.

 

Other development is the letter gives the following

 

Statement of Account, as at the date of this letter:

 

As you have not made the required payments, you have been served with a default notice. The agreement was ended on 20/05/2009 and the full balance became due. as such at the date of this letter, the full account of £3*** is in arrears and due for payment. As the agreement has ended, there is no credit limit in place and no interest is being charged on the debt owing.

 

Have been paying this as per monthly statements on time since last April - at no time did LTSB inform of this default notice. Son in law no knowledge of DN (probably just ignored it)

 

Any adice as to wht to do?? now entering unknown

 

Cheers intend

[Bazooka Boo]

Regards to what they sent you, if you can scan and post it up using a host website such as Tinypic or Photobucket, and remove ALL ID, bar codes ref numbers, funny bar code boxes etc then much better advice can be given by all. If you don't have access to a scanner, a digital camera put on the macro setting will do.

 

If they have terminated the account, then yes no further interest or charges can be added, as the account is no longer subject to the T&C's that were in force at the time of the agreement.

 

However the default notice would be very beneficial to have sight of, so if he doesn't have it, or does not remember receiving one then the cheapest version is to ask them for another copy of it.

 

It would have stated that "This is a default notice under blah blah blah, your account is in arrears by £xxx, what you must do is pay the arrears of £xxx before the date stated" "Failure to do so will result in this account being terminated and you being liable for the full amount owing blah blah blah"

[intend]

Cheers BB - will do asap probably wednesday as not at home till then

 

Rec'd Moorcrap CCA - scanned in a PDF - 12+2 dates up. - Should I sent failed letter.

Any advice on what this means and what action I should take - def not phoning:smile:

 

Next payment to LTSB due next week.

 

Will post up the reply frrom LTSB re Credit Card shortly but would like advice on loan first

 

Cheers and thanks

 

Intend

moorcroft letter.pdf

[Bazooka Boo]

One down, not really surprising as it is moorcr@p.

The case they refer to is somewhat misinterpreted by these kinds of DCA's and is indicative of their incompetent belief that they can rely on it to enforce payments.

So long as they are in default of the agreement then the account is in dispute and no payments need be made.

You 'COULD' issue them with a s10 DPA notice to tell them to stop processing your data.

http://www.consumeractiongroup.co.uk/forum/content.php?411-Legal-notice-issued-under-Section-10-of-the-Data-Protection-Act-1980

 

If they reply that they have every right to do so, then carry out the following;

http://www.consumeractiongroup.co.uk/forum/showthread.php?254802

 

Yes send them the failure letter and end any correspondence with these fools, until such time that you do receive a copy of your agreement, no payment should be made.

[intend]

BB - Cheers - will do as you advised, your advice always sound

 

BB - Cheers - will do as you advised, your advice always sound

 

Intend

Yes very appreciated.

 

Still waiting for DN copy for CC. Just sent off complaint to LTSB re actions.

 

When going over paperwork notice something missed in summe

- was on holiday

- son-in-law was sent

DN for his loan - copy below.

Not sure how this will affect the current situation

- no word from Moorcrap or LTSB since sent failure letter

 

Daughter just dropped off latest credit card statement

- they have added interest to account despite previous Statement of Account stating agreement had ended and no interest would be added.

Also has an available to spend amount.

 

Any advice on course of action would be appreciated

- still awaiting copy of DN that they say was sent on 20/05/2009

 

Cheers

 

Intend

LLoyds DN.pdf

[intend]

Just finished typing up failure letter but would like advice on the dates re 12+2. Moorecrap signed for on 18th Jan 2011.

Could someone please confirm date I should enter for section "entered default on..??

What are the consequences of them returning the postal order??

 

Cheers - Intend

[Bazooka Boo]

I make it weds 3rd Feb.

[intend]

Cheers Boo - letter on way in the morning.

 

Intend

[intend]

Posted failure letter to Morecrap today.

 

Re credit card - scanned cca - looked at it closely - Key Information 8 - Charges - show £12 fees whereas the 6 page document sent covering t&c states £20. Is this significant??

 

about to scan Internet Banking Application which was sent - not that clever with technology - too long in tooth. will put this in next post

 

Cheers Intend

ltsbcct&cs.pdf

[Bazooka Boo]

You asked for PPI yes? Did this kick in at all?

[intend]

BB

 

No never asked for PPI and never claimed - worth a SAR as think on loan as well and to start a reclaim.

 

Just about to upload other info but have these observations:

No signature on any document despite what he says on page 2 - second question

Interentapplication1.pdf

internetapp2.pdf

[Bazooka Boo]

Forget signatures, these will not make the agreement unenf.

[intend]

Sorry inserted in strange place

 

Any advice welcome

 

Re earlier post re Statement of Account - find it strange that if account was ended on 20/05/2009 that they have continued to charge interest when the statement of Account states 2as the agreement has ended, there is no credit limit and no interest is being charged on the debt owing.

 

Surely if this was the case interest should have stopped on 20/05/2009??

 

Intend

 

BB - cheers - not so much worried about enforcability - not trying to avoid the debt - just manage it for my daughter so she can I some quality of life.

 

Intend

[Bazooka Boo]

This does look enforceable IMO, but don't take my word on that, just going off the age of the account, plus if it was done online, then these are deemed compliant after Apr07? Or it could even be Apr2006?

What I have noticed is the insurance, PPI, & sentinel card protection, and having read the content of the box they are enclosed in, it does refer you to the fact that they are 'credit' and the terms relating to this credit can be found in this agreement.? I can't find any reference to them?

 

Sorry inserted in strange place

 

Any advice welcome

 

OOh err!?? Keep it in your pants intend!

AFAIK once they have terminated the agreement, then they should not continue to add interest and charges, again I could be wrong on this, head is't thinking today?