Credit Report and CCA Request to Moorkrap NW credit Card

[AdvS1]

Hello ims21/dx,

 

After receiving my credit report and sending a cca to all the dca's, there was only one registered on my report i.e. Moorkrap aka "Mk". It didn't state on who's behalf they conducted a search. So out of interest, I decided to cca them too.

 

Within the stated timeframe, I received their letter with the following response:

_____

 

" Re: Mk Ref: xx Client Ref: cc number

 

We refer to previous correspondence in respect of the above and duly enclose the requested documentation.

 

As we have complied with your original request we confirm that the hold which was previously applied to your account has been removed and that our normal collection methods will recommence after a period of 14 days from the above date. [letter is dated 3 August 2013].

 

We therefore request you make contact to discuss your proposals for repaying this debt. Should you have any questions or require any additional information please do not hesitate to contact us direct on the above telephone number."

_____

 

I noticed that they have not given a statement of account or balance on their letter.

 

There are also two attachments:

1. A one page copy of a c/card application form - signed and dated in May 2000.

2. A fax copy from my previous workplace showing when I contacted Nationwide cc to ask them to change the card's password.

 

Attachment #1.

Upon looking closely, there is no heading on the application form to show which cc company it belongs to. It only has the words "Priority Application" in larger font in the top right-hand corner.

 

There are also the following headings on the form:

- Principal Cardholder Details (details completed)

- Employment (details completed)

- Payment Protection Insurance (not required)

- Card Protection Plan (not required)

- Additional Cardholder (if required) ~ (not completed)

- Credit Agreement Declaration - (this is a small section as part of the app. form) . This has been signed and dated.

 

I have noticed within the credit agreement section in tiny print is the following:

" e. any information about me and any account can be shared within Nationwide to make lending decisions, collect debts and prevent fraud; and with licensed credit reference agencies and fraud prevention databases, so their subscribers can use it for these purposes:"

" f. any information about me and my account can be shared within Nationwide for business analysis."

" h. You will not share any information about me and my account outside Nationwide for marketing purposes."

 

 

Attachment #2.

- information already shared above.

 

__________

 

It is clear that my information was shared outside of NW without my permission and outside the scope of was stated on the form.

Also, is Mk a licensed credit reference agency whereby they 'legally' received these details?

 

From doing some further reading, I don't believe that Mk have fully complied with my cca request, even though they state that they have. I also haven't received a cca form with it's prescribed terms.

 

For any further clarification, I am happy for you to see this attachment information for yourself. I don't have a scanner although if required, I can fax it to you.

 

What are my next steps/response to them?

 

Thanks and Regards,

AdvS1.

[BRIGADIER2JCS]

I think you are confusing things somewhat.

 

It states not share outside NW for Marketing purposes, sharing it with a DCA is NOT marketing.

 

Moorcroft will have searched the files for their own purposes as allowed under the terms of any agreement.

 

Moorcrofts authority arises from the assignment of the account, if they purchase a debt/account they become the data controller.

 

If you have received a 'reconstituted' agreement please post up the details we can then see if it complies with the requirements for a recon and sections 77/78 CCA 1974.

[AdvS1]

Hello Brigadier,

 

Thanks for your response.

 

I don't have a scanner to be able to post the information.

I can fax it if you can let me know your/CAG's fax number.

Alternatively, I know of someone that can scan it, although that would not be able to be completed until the earliest tomorrow.

 

For speed, then faxing is the best option.

 

Regards.

[BRIGADIER2JCS]

Hi I'll see what I can sort out and get back to you.

[ims21]

I don't have a scanner to be able to post the information.

 

Have you got a digital camera or mobile phone camera?

[BRIGADIER2JCS]

Have you got a digital camera or mobile phone camera?

 

Thank for looking at this ims.

[fkofilee]

Hello Brigadier,

 

Thanks for your response.

 

I don't have a scanner to be able to post the information.

I can fax it if you can let me know your/CAG's fax number.

Alternatively, I know of someone that can scan it, although that would not be able to be completed until the earliest tomorrow.

 

For speed, then faxing is the best option.

 

Regards.

 

I agree, camera it or do what you can... we need to see it to beable to help you on this one

[AdvS1]

Hello Guys,

Thanks very much for your responses.

 

I don't have a mobile with a camera, I guess I'm very old-fashioned.

I'm getting it scanned tomorrow and will upload to the site a.s.a.p.

 

Regards.

[AdvS1]

Hello there,

 

Attached is the scanned copy received from MK, including my initial CCA request letter.

 

If you look closely at their information, you can see that the edges and lines are not smooth,

almost like it was cut and pasted together. Is this what is meant by reconstitited?

 

Regards.

[AdvS1]

Hi,

 

Any response to my attachment upload?

Regards.

[AdvS1]

Hello,

 

Any response to my uploaded file at post #9.

I would like to respond to the dca.

 

Thanks in advance.

[dx100uk]

so what is the issue here

 

you talk of a search then you cca'd them

 

ok they have a cca

 

is the actual debt showing too?

 

tell us your problem with the debt

if there is one?

 

dx

[AdvS1]

Hi dx,

 

The balance is not showing. Mk are acting on behalf of NWide c/card.

I originally was looking for a case of the account being unenforceable. Is that still applicable here?

 

The Summary of account history is below:

 

* NW c/card a/c created in May 2000 with credit limit of £2,100 .

* Over the years it increased to £5,300 (last NW c/card statement I have to hand is for July 2006)

* default notice received (no date on letter)

* account sold to Mk

* with the aid of CCCS, I offered and made payments of £5 per month

* I have Mk payment books with slips for these payments. Balance at that time £4,628 in May 2007

* Mk increased the monthly amounts over the years by increments of £5 (without my consent), to the current £20 per month. I paid them

* In September 2010, I wrote to and challenged them re: financial hardship and non-consent of any agreement when they pushed to increase it to £25 per month

* In April 2013 I received a letter to renegotiate the £20 monthly payments. The balance shown on the letter was £3,483

The extract of the letter states:

" We are sure you would like to clear your outstanding balance as soon as possible. With this in mind we would like you to consider reviewing your monthly statements to see if they remain at the appropriate level. We understand in some circumstances you may be able to meet the expense of an increased amount and we will be happy to discuss your current financial situation and to agree a monthly installment arrangement that you can afford. "

 

In light of my cca request in July 2013, and because of the monthly payment date being due, I made a payment but reduced it back to the initial £5 whilst in 'talks' i.e: this cca request and response received.

 

Now I'm asking what do I do? Did they send me a complete cca?

To me, it seems that they haven't fully complied with my request of providing a complete agreement form, and I have never received a detailed statement of a/c from them.

 

Also regarding being unenforceable or enforceable, what would be my next move?

To my best ability, I can answer any questions you wish to ask.

 

Regards.

Edited August 9, 2013 by AdvS1

[dx100uk]

ok that's better

there little wealth anymore in disputing agreements no

 

esp as I'd say that one is well ok anyhow.

 

no wriggle there

 

ok your issue is that they've had you

for years on this

 

 

they should be sending a statement better than every 6mts

 

dx

[BRIGADIER2JCS]

If that app form does not have ALL the T & Cs imo it is not compliant with CCA request.

[AdvS1]

Hi Guys,

 

dx, when you say "ok your issue is that they've had you for years on this", what do you mean and what is the remedy?

 

Just to confirm:

 

• I have not received any statements, either 6 monthly or annually
  
• The app. form they have presented does not have all of the T & C's required to be compliant with my cca request.
  
• ( it would be good to know what the T & C's are so that I can perform a checklist as a cross-reference)
  
• apart from the obvious of paying (which I think is in dispute because of the app. form response), what are my best next steps to reduce this balance?
  

Regards,

AdvS1.

[AdvS1]

I have been given a deadline of 17th Aug to respond to this dca's request.

They mention removing the hold on the account and state that 'normal collection methods will recommence".

 

I am asking for help regarding my position of standing with them, especially if you have looked at the uploaded app. form in post #9.

 

What content should I include in my response?

 

Regards.

[dx100uk]

ignore the deadline

dx