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  • Moorcroft ignored CCA request - advice needed

    Hi all,

    I sent a template request for my consumer credit agreement along with the postal order for £1 on the 14/01/20.

    I have now recieved a letter from them dated 25/01/20 ignoring my CCA request, instead the letter reads "MONTHLY INSTALLMENT OFFER"/"As we have not recieved any communication from you"... etc.

    The problem I have is that I stupidly only sent it 1st class, Not recorded or tracked. I do however have the reciept for the postal order which includes the date, payee and amount.

    How should I proceed with this?
    Many thanks in advance.

  • #2
    nothing the onus is on them now? the letter is the threatograms type next drawer, Moorcroft are only collectors (if you pay them most goes into their pocket - they do not own the debt_) look out for their next letter and report here, sure others will respond to you also. read diaries and you will see the way things tend to go.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Originally posted by battyfanker View Post
      I sent a template request for my consumer credit agreement along with the postal order for £1 on the 14/01/20.

      I have now recieved a letter from them dated 25/01/20 ignoring my CCA request, instead the letter reads "MONTHLY INSTALLMENT OFFER"/"As we have not recieved any communication from you"... etc.

      The problem I have is that I stupidly only sent it 1st class, Not recorded or tracked. I do however have the reciept for the postal order which includes the date, payee and amount.

      Hello

      Who is the creditor since Moorcroft are a Debt Collection Agency?

      It may make sense to re-send your s77-79 CCA Request again, but to the actual debt owner instead this time, as only the debt owner has a statutory obligation to comply with your request.

      Can you post a little bit about the debt such as whether it's a credit card, loan, catalogue etc?

      I look forward to helping you.

      Di
      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        in fact the CCA should of gone to the owners? but Moorcroft should pass it on to them, so give details here of the debt etc make diary of events look around and you will see format, before doing anything else ask on here 1st?? or send another to the owners RECORDED DELIVERY.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Originally posted by The Tech Clerk View Post
          in fact the CCA should of gone to the owners? but Moorcroft should pass it on to them, so give details here of the debt etc make diary of events look around and you will see format, before doing anything else ask on here 1st?? or send another to the owners RECORDED DELIVERY.

          Our posts have crossed >


          Originally posted by Diana Mayhew View Post


          Hello

          Who is the creditor since Moorcroft are a Debt Collection Agency?

          It may make sense to re-send your s77-79 CCA Request again, but to the actual debt owner instead this time, as only the debt owner has a statutory obligation to comply with your request.
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            yep = oppps
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Originally posted by The Tech Clerk View Post
              yep = oppps

              No it's fine, since we both said the same thing

              Di
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Originally posted by Diana Mayhew View Post


                Our posts have crossed >



                The debt is with Nationwide, it was an overdraft on a current account that was placed in default.

                However the letter I sent stated "If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189."

                Is the duty not on Moorcroft to pass it on?

                Thanks

                Comment


                • #9
                  Originally posted by battyfanker View Post
                  The debt is with Nationwide, it was an overdraft on a current account that was placed in default.

                  However the letter I sent stated "If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189."

                  Is the duty not on Moorcroft to pass it on?

                  I prefer a 'belt and braces' approach so there can be no arguing over whether Nationwide have breached their statutory duty further down the line.

                  You'll see posts on this forum where Moorcroft have dropped their collections activity and returned the account to the creditor without processing the CCA Request. Whether they've got a duty or not is a different issue.

                  What matters is that the creditor can't argue 'ignorance' of the request if you've sent it to them.

                  Di
                  Legal Disclaimer

                  I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment

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