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CCA request to Moorcroft


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I wonder if anyone can help?

 

Moorcroft Debt Recovery are pursuing me for 2 debts owed to NatWest (overdraft and bank loan).....they have amalgamated them into one claim.

 

I sent a CCA request & a postal order for £1 by recorded delivery on 21/09/2012

 

they wrote to me on 8/10/2012 offering a 25% discount on my debt if I paid within 3 months but did not mention the CCA request.

 

I checked with the Post office and they delivered my CCA request letter on 25/09/2012...unfortunately I did not keep a record of the postal order so I can't check if it has been cashed.

 

what should I do now?

 

Thank you in advance

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Hi welcome to CAG, CCA 12 +2 Working days to reply so just over time.

There is no CCA 74 regulated a agreement for an overdraft I don't think it's

reasonable for them to consolidate the 2 debts.

 

Send the CCA failure letter from the CAG library.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Worth a check on your credit file. HSBC seemingly set off the balance of a loan to my current (overdrawn) account and then sold it to a DCA.

 

Said DCA is still reporting on the two separate accounts on my CRA but collecting on one reference number.

 

So I am expecting a letter claiming exemption for the overdraft but the CCA for the loan.

 

The account(s?) is in dispute anyway as they failed to provide anything against the request in June. I do get a letter now and then reminding me that they are referring to the OC for my agreement...

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It all depends when these accounts and overdraft were taken out whether or not you can use the lack of an agreement containing all the prescribed terms to defend against any potential court claim. The relevant date is 6 April 2007, this was when ss127(3) and (4) of the CCA 1974 were repealed.

 

Regarding the overdraft, for the bank to be able to claim exemption from having to comply with Part V of the CCA 1974 regarding properly executed agreements it must be able to show that it has complied with all the conditions set out in the directive issued by the Director of the Office of Fair Trading. One of those conditions relates to the bank issuing to you 'Letters of Facility' for the overdraft - if they can't show they have done so then they are not exempt and must produce an agreement containing all the prescribed terms.

 

To find out whether they have copies of these letters (if any) your best bet would be to SAR them.

 

For a better understanding of what I am getting at read my thread here; http://www.consumeractiongroup.co.uk/forum/showthread.php?241052-Irwin-Mitchell-NastyWest-overdraft-claim-***-Won-With-Costs***

 

Rob

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discount = something smells

 

prob PENALTY charges

 

or no paperwork

 

check your cra file too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks again....I have looked on "credit expert" and although Moorcroft are claiming a consolidated amount my credit file shows they are still listed as a defaulted bank loan and defaulted overdraft.

 

The overdraft facility came with the NatWest account I opened in 1986 - the NatWest loan was taken out in Feb 2008

 

I will now read the information on your link

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whos names is against those accounts

 

DCA or bank

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ignore MH then

 

they dont even own the debts

so cant do anything .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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nothing

 

they are a dca they have NO LEGAL POWERS!!

 

they are NOT BAILIFFS

 

toothless idiots

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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