Moorcroft/Next CCA received...

[SnoogyWoo]

Hi everyone, this is part of my bigger debt problem here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387784-Big-Debt-Problem...HELP!

 

I sent a CCA request to Moorcroft about a month ago. I received the following...

 

[ATTACH=CONFIG]45629[/ATTACH][ATTACH=CONFIG]45630[/ATTACH][ATTACH=CONFIG]45631[/ATTACH][ATTACH=CONFIG]45632[/ATTACH][ATTACH=CONFIG]45633[/ATTACH]

 

Zero details on any of them and no signature!

 

They have also visited my house once before the CCA request and once during. I was out both times and they put a card through.

Edited August 6, 2013 by SnoogyWoo

[SnoogyWoo]

[ATTACH=CONFIG]45634[/ATTACH][ATTACH=CONFIG]45635[/ATTACH]

 

These 2 were also received at the same time.

[BRIGADIER2JCS]

Looks like an enforceable 'reconstituted' agreement from what I can see. It Does NOT have to have signatures.

[SnoogyWoo]

Thanks Brigadier. Do I try for a monthly agreement to settle the debt or go for an F&F of say 50%?

 

In the Next letter it says:

 

"A true copy need not be an exact copy or photocopy of an actual signed credit agreement, but must contain every material provision of the original agreement, including the original name and addresses of the parties."

 

There is no name or address on the agreement?

[BRIGADIER2JCS]

A recon agreement must have the following data;

 

The Debtors Name & Address as at the inception of the agreement.

 

The Creditors Name & Address at the inception of the agreement.

 

All the Ts & Cs at inception and at closure of the account.

 

Any amendments to the Ts & Cs during the life of the agreement,+ any other documents mentioned in the Ts & Cs.

 

NO signatures are needed.

 

On the page that states Credit Agreement Regulated By CC1973

 

it shows the word DEAR, did you redact this or was it blank?

[SnoogyWoo]

All blank on all documents they sent apart form the covering letter Thats whats strange.

[havinastella]

When was this taken out?

[SnoogyWoo]

20+ years ago.

[havinastella]

Well then can do absolutely nothing without the original!

[havinastella]

Not read the original thread woo, but are any Stat barred?

[SnoogyWoo]

No havinastella, I only stopped paying to a DMP in December. I have quite a few ongoing threads at the moment and more to come unfortunately. This one is about the smallest with the biggest ones £10k+

 

Have to say that dealing with all this so far I am amazed at how incompetent the whole industry has been, a real eye opener. I have a debt with Natwest for a business O/D and all they could send me was a bank account application form which we signed and it even said on there that we didn't want an overdraft at the time! So funny.

 

Did you look at the documents that they sent? I only altered the covering letter so the other documents are as sent, which is completely blank.

 

Moorcroft have been to the house twice now, what do you think I should go back with?

[havinastella]

There's a letter somewhere explaining that although what they sent you does technically comply with your request, should they want to enforce it, they would need the original in Court. Moorcroft are the easiest Debt collectors out there to bat off. You may want to combine that lwtter with the don't call at my address letter.

 

I'll have a look for the first letter or Brig may have a link to it.

[SnoogyWoo]

Thanks

[SnoogyWoo]

One thing, how do I donate? I have been meaning to do it. It will only be a small amount but the help here has been incredible.

[BRIGADIER2JCS]

Without the correct data the recon does NOT satisfy a section 77/78 request under CCA 1974.

 

No special letter needed you just state that the document supplied does not comply as set out above, let them wonder why.

[SnoogyWoo]

Thanks Brigadier, I like it.

 

I found the link and made a small donation.

[BRIGADIER2JCS]

Thanks Brigadier, I like it.

 

I found the link and made a small donation.

 

Thank you on behalf of CAG I'm sure the donation is much appreciated!!