Moorcroft Letter

[NickTurner33]

Re: Moorcroft Letter

Ah right thanks for all this advice chaps! I'll hold off with the calls then from now on and i'll grab that template and get it filled in.

By the way I'm a self employed bricklayer and I've been working as a sole trader for the past few years if this makes any difference?

[garlok]

Re: Moorcroft Letter

No mate, only if you are a limited company and the loan was taken out in that company's name does it make any difference.

regards
Garlok

[Never-In-Doubt]

Re: Moorcroft Letter

Hiya

Just catching up with new posts and seen this.

Have you actually got access to your credit file? Also did this loan have ppi added, we're you charged late payment fees etc?

Do not send off the cca request, I would really like a few more defining points answered before you send that as its not really relevant here. A SAR is most likely but first I need to check a few things with you if that's ok?

[Never-In-Doubt]

Re: Moorcroft Letter

Hi there,

i owe £833.00 in arrears to AA personal loans. Basically over the past 3 years i have been struggling to make my monthly payments of £220 due to lack of work. I contacted National Debtline a few months ago and they gave me a reference number which i used with the AA to get my loan frozen for 30 days. This ended a few weeks ago and i have recently received an Intended Litigation letter from Moorcroft which says if i don't pay the arrears in 7 days a range of court enforcement options are available to the client.

Could anyone let me know if this is just scare tactics and what steps i should be taking as there's no way i can afford to make that kind of payment.

Thanks, Nick

Hi Nick

Ok sorry for the delay - things got on top and before you know it a week's passed - you did right to email me a reminder as I do forget things (sorry)...

Going on what vague details you've given I would really suggest you consider actually SARing the original creditor, i.e. AA i.e. the Co-Op (if they are those that issue them still - I know they used to?)

The reason for this is to ascertain payments made etc - you're gonna have to study the paperwork when it comes and then answer a lot of questions that i'll have for you

So send this + £10 cheque (sign slightly different or get a postal order) ---> Subject Access (SAR) - Advanced Request

Regards Moorcroft, send them the template below for now - to buy you time whilst we figure out what's going on.

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to the AA as I believe this account to be repaid. As such, I have sent off a Subject Access request to the Co-Op as the underlying bank who issued the loan and so long as they comply with my lawful s.7 (DPA1998) request with the next 40 days then I'll be in a better position to confirm things with you but right now I do not acknowledge this debt in any form.

I strongly suggest you either return this account to the original creditor or place it on hold for at least 60 days to give me time to obtain and study the information in order to allow me to compile any sort of response.

I would ask that no further contact be made concerning the above account until I have obtained the required data from the original creditor. Any harassing techniques used by you in the interim will be used in a formal complaint to both Trading Standards and also the Office Of Fair Trading. Finally, any further threats for legal action will be reported to the Financial Ombudsman as this is a genuine dispute as detailed within current OFT Guidance on Debt Collection.

Yours faithfully


Sign digitally

[Never-In-Doubt]

Re: Moorcroft Letter

When we say "Sign Digitally" - read this for details: ---> Signing Digitally

[Never-In-Doubt]

Re: Moorcroft Letter

So send this + £10 cheque (sign slightly different or get a postal order) ---> Subject Access (SAR) - Advanced Request

As detailed below - this gets sent to whoever owns the debt, ie the original creditor so it'll be AA or Co-Op? Whoever is writing to you before Moorcroft got involved....! Remember a £10 cheque or postal order as well as sending it recorded delivery (orange thingy)..

Dear Sirs,

Account No: XXXXXXXX

Subject Access Request - S.7 Data Protection Act 1998

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully

Sign normally

[Never-In-Doubt]

Re: Moorcroft Letter

The SAR can be signed normally using your usual signature.

Moorcroft - use your opposite hand or get a mate/gf etc to sign your name lol - it doesn't matter so long as it aint your signature!

[NickTurner33]

Re: Moorcroft Letter

Well, i posted the SAR and had a reply from the AA and they asked me which details i wanted from them.

I hadn't replied in time so they sent my cheque for ten pound back and said they had closed my file. Can i re send the SAR? And which details do i say i want from them?

Thanks.

[Never-In-Doubt]

Re: Moorcroft Letter

Well, i posted the SAR and had a reply from the AA and they asked me which details i wanted from them.

I hadn't replied in time so they sent my cheque for ten pound back and said they had closed my file. Can i re send the SAR? And which details do i say i want from them?

Thanks.

what SAR did you post? Obviously if one of ours it spells out what you want from them.......

Ahh it was this ---> allaboutFORUMS - View Single Post - Moorcroft Letter

Read it, lol - ermmm - It spells out what info you want so resend it with the cheque and see what they say this time

[NickTurner33]

Re: Moorcroft Letter

Yeah i know it asks for all my details etc. Thats why i was confused at why they were asking me what i wanted from them.

I'll re send the letter and cheque.

Cheers