Had a letter from Moorcroft - Intended Litigation

[Jacobs Cracker]

Hi everyone,
I'm new to this particular site and am looking for some help.
I've had a letter from Moorcroft advising me of their intended litigation over a Lloyds TSB debt (account opened in 2006). I have established that the debt is unenforceable as they are unable to provide me with a copy of the original CCA.
Please can anyone advise me on what to include in a letter back to Moorcroft.
Many thanks,
JC.
x

[oscar]

Re: Had a letter from Moorcroft - Intended Litigation

Hi Jacobs and welcome to the site.

In order to help you fully, we will need additional information. This is just so we can give the correct information.

Please look at the below lin,. This is how Niddy likes the information to be laid out.

viewtopic.php?p=6789#p6789

Thanks

[Never-In-Doubt]

Re: Had a letter from Moorcroft - Intended Litigation

cheers Oscar gh

Welcome JC - just provide some more info and email me the agreement (see my signature for address) and i'll get back to you.

Niddy

[Jacobs Cracker]

Had a letter from Moorcroft - Intended Litigation

Thanks guys,
JC.
x

[Jacobs Cracker]

Had a letter from Moorcroft - Intended Litigation

Hi Niddy,

1. Type of account - credit card
2. Date commenced - August 2006
3. Approx balance - £9600
4. Date last paid - February 2010
5. On arrangement or not paying - not paying
6. Status - arreas
7. Account owner - Moorcroft on behalf of Lloyds TSB

Unfortunately I don't have access to a scanner so can't send you the latest letter, but it basically said that unless I pay up in full or contact them to make an arrangement before 18th November (only received it 15th!), they may advise their client Lloyds TSB to instruct solicitors to commence legal proceedings. If you need to know the exact wording in the letter I'll type it out when I'm at home (I'm at work on night shift at the mo).
I stopped paying this debt to Lloyds last year after I CCA'd them and all they could send me was a TYPED 'executed agreement' with no signatures.
I'm hanging on the word 'may' in their letter, hoping that they think they can scare me into paying.

Thanks,
JC.
x

[Elsie52]

Re: Had a letter from Moorcroft - Intended Litigation

Hi JC

Niddy may be back today to answer your question, but I think this will be the letter he will advise you to send.

viewtopic.php?p=2319#p2319

Have a read through the template letters and it will certainly help you.

Elsie

[Jacobs Cracker]

Had a letter from Moorcroft - Intended Litigation

Thanks Elsie.
x

[oscar]

Re: Had a letter from Moorcroft - Intended Litigation

Agree with Elsie on the letter. Their letter sounds like a standard scare letter - hoping you will pay up before anything happens (which in most cases it doesn't).

In order to get a CCJ or Charging order which I think are the most common, they would need the original credit agreement. They obviously dont have this.

[Jacobs Cracker]

Had a letter from Moorcroft - Intended Litigation

Hi & thanks Oscar,
when is it that people need to get a CCJ set aside & what do you think the chances are that I'll need to do this? Is it before it actually gets to court or after when it has been given. Its this bit as I'm sure with loads of people, that I don't really understand & frightens me.
Thanks,
JC.
x

[Never-In-Doubt]

Re: Had a letter from Moorcroft - Intended Litigation

A ccj is set-aside if you appeal it and win - after the event. Strike out occurs when you defend and win before action (make the lender back down)....

You don't need to worry about a ccj, calm down. I'll reply properly tmw - hold fire til then and I'll furnish you with info galore! In the meantime read the forums, the legal category explains ccj's and the process.

[Jacobs Cracker]

Had a letter from Moorcroft - Intended Litigation

Thanks niddy, you're a star.
x

[Never-In-Doubt]

Re: Had a letter from Moorcroft - Intended Litigation

Hiya

Sorry for the delay. Ok, can you confirm how you deemed the agreement to be unenforceable as your post suggests? If you cannot scan it to me can you take a photo and send that?

In any case, for the moment you'd be better responding to the DCA with the following, to give them your intentions and stave off any threat of litigation: ---> viewtopic.php?p=2318#p2318

Alos, is this your only account that you're in debt with - if so it may not be best going down the UE channel cos you will get defaulted (if not already).....

Hope the above goes some way to help, but without extended info it's hard to advise too much else..... ;Hmm

[Jacobs Cracker]

Had a letter from Moorcroft - Intended Litigation

Hi Nids,
No, I've got 4 other accounts, one of which has a default (plus this one is about to default).
I have believed this account to be UE as its a fully typed agreement with no signatures (basically what I think is generic terms and conditions) & started in 2006.
I'll get the camera out & send you a photo.
Thanks,
JC.

[Jacobs Cracker]

Had a letter from Moorcroft - Intended Litigation

Hi again,
photos done & sent.
Thanks,
JC.
x

[Never-In-Doubt]

Re: Had a letter from Moorcroft - Intended Litigation

Hi Nids,
No, I've got 4 other accounts, one of which has a default (plus this one is about to default).
I have believed this account to be UE as its a fully typed agreement with no signatures (basically what I think is generic terms and conditions) & started in 2006.
I'll get the camera out & send you a photo.
Thanks,
JC.

Hiya

You're right in that this is a pre-set recon that basically lists their terms etc - therefore it is unenforceable. Can you actually list all 4 accounts in the following format: ---> viewtopic.php?p=6789#p6789

This will then allow me to offer the best advice. Just add the 4 accounts as requested on this thread, and I will rename and move this into the diaries section once you have done as requested.

In the meantime, Lloyds is UE so respond with this: ---> viewtopic.php?p=1624#p1624

:UE