Moorcroft chasing barclays/ old egg debt

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

 

Have a read of that. Your next door neighbours cat has more rights to come to your property than they do. You MUST make a full complaint to Moorcrap and the OFT.

[Desperate Daniella]

I have only ever had one turn up, and that was before I started telling all DCAs to Bu**er off. I said, "I have something for you," handed him the letter and shut the door. He went away. Honestly you think some big bailiff is going to turn up, but these guys are not bailiffs. Mine was about 5'2 tall and about 70.

[inacorner]

ok alls been quiet for a while until I was contacted by Robinson Way - I sent them the Moorcroft letter saying they couldnt provide the CCA now have been sent a reconstituted agreement no signature and a front sheet with cancellation notice in a box details to be sent and my address on top corner. rest is the credit agreement.

 

Letter from barclaycard says cant comply with terms as varied under 82(1) of act but bascially they can still take actions which arent enforcement. Robinsons asking for repayment proposals in 14 days

 

WHat should I do

 

edit this debt is more tthan 7 years old so is a reconstituted agreement acceptable

Edited September 4, 2013 by inacorner

[slick132]

Hi IAC,

 

Do you know when you last paid towards the a/c please.

 

I'd be inclined to tell RW that you'll pay nothing until they provide the credit agreement which BC have already confirmed is not available.

 

[inacorner]

Earlier this year I think to moorcroft they were pushing for more and were hounding me so I did cca.

[slick132]

Ok, so Statute Barred is a very long way off.

 

So my advice is as per post #23 above.

 

[inacorner]

an earlier post suggested that reconstituted agreements aren't ok if debt older than 7 years is this true

[slick132]

A/c's opened before 2007 require that the credit agreement is provided. I don't think a recon will suffice with such an a/c.

 

However, should the case get as far as court, it is down to you to convince a judge that the creditor bank has failed to comply with the requirements imposed by the CCA1974.

 

[inacorner]

Should a recone contain my signature?

 

Given they admit that they don't comply with 82(1) what should I say in my reply? I take it I don't offer any further payment.

 

In their letter they refer to a number of court cases about what doesn't constitute enforcement and also something about unfair relationship which I claimed in court they'd deny

 

I assume all this is to scare me into paying

[slick132]

A recon is not going to have your original signature on it.

 

My advice in post #23 stands.

 

[inacorner]

Ok so what exactly do I say?

 

Bcard say theyve complied with the cca though recognizing what theyve provided isnt enforceable and that's their final word. What exactly is this 82(1) element.

 

Cheers

[slick132]

Hi IAC,

 

I would simply tell RW that, in the absence of a credit agreement which BC have already confirmed they cannot currently supply, you are not convinced that RW have the right to demand money from you.

 

Therefore you will pay them nothing further until proper proof is supplied.

 

Put it into your own words and you don't need to try and make it look legal or clever. Just bare bones will do.

 

You can look up the various elements of CCA 1974 here - http://www.legislation.gov.uk/ukpga/1974/39/contents