At long last I am claiming life back

[Joanna Connolly Solicitors]

I’ve noticed that Moorcroft has done a search on my credit file. What would they see and what purpose would they have to do a search ?

Which debt is this for?

Moorcroft may have searched your CRA file to check your address on the Electoral Roll or under Linked Addresses if you've not replied to correspondence from them.

Or it could be to see if you've settled other debts, in which case they might jump to the conclusion that you have come into funds so they'll make extra efforts to chase you.

Or many other reasons.

Post up the history of the debt they're currently pursuing (assuming they are collecting on behalf of a creditor).

Di

[Selinek]

Which debt is this for?

Moorcroft may have searched your CRA file to check your address on the Electoral Roll or under Linked Addresses if you've not replied to correspondence from them.

Or it could be to see if you've settled other debts, in which case they might jump to the conclusion that you have come into funds so they'll make extra efforts to chase you.

Or many other reasons.

Post up the history of the debt they're currently pursuing (assuming they are collecting on behalf of a creditor).

Di

Hi Di , realised I hadn't attached the history , I'll correct now

[Selinek]

18th June 2018, 22:58
30th December 2017, 09:53
Lloyd’s TSB

• Type of account: credit card
• Date commenced pre 2007
• Approx balance: £545
• Date last paid: 2008
• on DMP SC 21/11/17 cancelled DMP
• Status :defaulted. dropped off my credit file
• Account owner :Westcot

CCA request sent 11/09/17.

20/09/17 received letter and returned £1 cheque( not one in my name) to either send to the O/C or I request they do it . Not bothered as yet will get onto them

UPDATE: 27/11/17 resent CCA REQUEST making chq payable to LLoyds


UPDATE: 30/12/17

Letter from westcot informing acct on hold until Agreement is found. Take as long as you need !


UPDATE : 25/02/18

Niddy says. Wescott are expecting to be paid , don't they all!



UPDATE: 18/06/18


14/06/18:Letter from LLOYDS saying due to me not paying they have transferred my account to Moorcroft. They go on to say they have instructed Moorcroft to collect outstanding amount: Didn't realise Lloyds still own the account. No date on letter

15/06/18 :Letter from Moorcroft a day later : Dated 13/06/18. They want me to contact them to arrange payment within 7 days or they will recommend further recovery to their client. Interestingly they say that Lloyds has registered a default against my credit file. This account has already defaulted and dropped off my CR , indicating to me Moorcroft aren't checking their records . I take it this is being passed around from DCA to another ? Do I need to do anything ?


Update: 28/06/18

Letter from Moorcroft received toady dated 25/06/18 informing of possible further action . They go on to say to prevent this from happening to contact them within 7 days with a payment proposal. I will wait to what they come back with. Will file in the mean time.


6th July 2018, 17:17
I’ve noticed that Moorcroft has done a search on my credit file. What would they see and what purpose would they have to do a search ?

Susie Replied: It could be to see if anything has changed, or to see if they are likely to be paid If they see the debts you have listed, they will most likely not get the impression that you have a lot of money to pay them with!

[Selinek]

Citi financial

• Type of account: credit card
• Date commenced pre 2007
• Approx balance: £1119
• Date last paid: 2008
• on DMP SC until November 2017
• Now self managed: Not paid November 2017
• Status :defaulted. Defaulted ,dropped off my credit file
• Account owner : 1st Credit
• CCA request sent 11/09/17.

Received letter stating that account is on hold until information has been found.

I know it’s a waiting game

Updates
22/12/17

was only thinking yesterday how quiet it has been. A “true” copy of Agreement bent sent today. Even though my address is there the agreement could be for anything. I could be wrong but I will send to niddy after the festivities. Merry crimbo

29/01/18

Niddy says its . 1st Credit have been in touch expecting to be paid! I would imagine letters and phone calls will start as I am not paying. Any ideas what I do next I don't have the stomach waiting for 6 year statue barred.


Hi Some guidance would be appreciated. I have received a letter from 1st credit paying they are " considering " county court action. What do I need to do ? Had a CCJ some years ago , now got rid and all defaults removed from CF. Credit is looking good , not wanting to undo that.

Thanks in advance

Updates:
February 2018 1st credit sent letters one threatening to consider court action:

Great advice from ADD+ to sent missing PT letter and SAR to Citi Financial


March 2018: Letter from 1st Credit for me to contact them regarding a discount they are willing to offer... FILED away
Letter from Intrum in response to missing PT letter. Of course they believe the agreement in enforceable and want paying . More great advice from ADD+ will send to 2nd agreement to Niddy to be doubly sure and possibly SAR Stepchange as well .

Just waiting for SAR response for Citi Financial , then take it from there


UPDATE: 24/04/18

Received response to SAR. Sent originally to 1st credit. Received a letter from Canada Square operations stating they will be dealing with request. I have received over 400 pages of paperwork. Surprisingly I have received a copy of the EGG loan agreement and credit card agreement made in the early 2000's. These debts are currently owned by Link. I must say I was surprised to see the agreements , baring in mind I had not heard from Link after sending a CCA last year. They have stepped up their phone calls recently. Have I shot myself in the foot by asking for SAR ? Shall I send the EGG agreements to NIDDY to have look at. In terms of Citi financial they have sent another agreement. Apparently according the letter one is the "original CCA" the other is "the current CCA" One has my current address on it the other has my old address on it. It looks like the one sent from 1st credit from CCA request. Shall I send this NIDDY again too. Any advice would be greatly appreciated

Great Advice from Roger . Thank you

Update: 28/06/18

Letter from Intrum dated 24.04.18 informing me of change of name from 1st Credit: Filed

Letter from Intrum dated 15/06/18 offering a reduction off outstanding amount. Ignored filed

Letter from Intrum received today, dated 25/06/18: Heading YOUR ACCOUNT WILL SHORTLY BE PASSED TO OUR INTERNAL LEGAL DEPARTMENT. They go onto to say " your account will be passed our legal department to consider county court proceedings. They then list the consequences of a judgment attachment to earnings , warrant of control charging order. They don't want to pursue this course of action . They have given me 10 days to contact them to prevent further action. Of course I have no intention of contacting them. Do I just wait to hear from their legal department. Just so I'm clear does a letter before claim need to be sent before they actually go ahead and obtain a CCJ?

01/07/18
Just a query : After receiving the letter from Intrum I was prompted to finish wading through the the paper work sent by Canada Square ( acting on behalf of Citi ) ; in reposes to my SAR: all 1100 pages I was confused as they sent me details of my old EGG accounts. Roger put me right ,on why this was the case..what a relief. Had a look at the Citi Financial details sent me. I have all the contract details and application dates etc re EGG accounts but not so much for Citi . Canada square sent me the same copies of the credit agreements requested to 1st Credit. They have been sent what they call "the “original” agreement" with 2003 date interesting part is the year at the top of one agreements is 2008, but statements for citi cards start 2003. Both are the same as ones sent to Niddy. According to the wording from Intrum (see above) they are likely to pass onto their legal team for pursue a CCJ. Will this will discrepancy be my defence ? I know I should wait just want to get in mind what my plans will be.

Thanks in advance

UPDATE 09/07/18
Received letter from intrum's legal department dated 06/07/18 stating the account will be passed to their solicitors with the intention of issuing a letter before claim in accordance with the formal legal proceedings. They have given me 10days to get in touch to arrange payment. No doubt they are going to take matters further. Is there anything I need to do before hand or do I sit tight and be in touch once I receive the LBC.

[Still Waving]

Since it would appear that if the OP does nothing, then it will be referred to solicitors, likely with a LBC following. Therefore I wonder, Mods, whether there is anything to be lost if he/she sends the Final Response letter in reply to this one ??

Any thoughts?

[Selinek]

Since it would appear that if the OP does nothing, then it will be referred to solicitors, likely with a LBC following. Therefore I wonder, Mods, whether there is anything to be lost if he/she sends the Final Response letter in reply to this one ??

Any thoughts?

Thanks SW: looks like I wait until the LBC to arrive

[Still Waving]

Thanks SW: looks like I wait until the LBC to arrive

It's your decision, and I wish you luck.

I think I would have pushed back to try to forestall a LBC.

[Roger]

Since it would appear that if the OP does nothing, then it will be referred to solicitors, likely with a LBC following. Therefore I wonder, Mods, whether there is anything to be lost if he/she sends the Final Response letter in reply to this one ??

Any thoughts?

I agree here the Final Response letter https://www.all-about-debt.co.uk/for...E%20Status.doc
Niddy's says UE and of course Intrum would be saying this wouldn't they! sensing a soft touch! The letter spells the legal position out to them.

[Still Waving]

I agree here the Final Response letter https://www.all-about-debt.co.uk/for...E%20Status.doc
Niddy's says UE and of course Intrum would be saying this wouldn't they! sensing a soft touch! The letter spells the legal position out to them.

This is the one I was referring to:- https://www.all-about-debt.co.uk/for...0Received).doc

[MisterK]

This is the one I was referring to:- https://www.all-about-debt.co.uk/for...0Received).doc

A very forceful letter and many thanks indeed to the author for producing this and all the other invaluable letters.

It may be a very small point but I wonder if a few small adjustments to the letter might be timely as it does read a little as if it had been written a few years ago, which of course it probably was.

In particular the Carey v HSBC, McGuffick v RBS, Kotecha v Phoenix, Murphy v Cabot & Hayes v HFC cases are referred to as "recent" but actually date from between 2009 and 2011, I believe.

If there aren't any other relevant cases post-2011 then perhaps all that is required would be simply to refer to them as of now but leave out the word recent.

Obviously the letter would have been right on the nail in all respects if sent in the couple of years or so after these cases but it's now a few years further on and I'm not entirely sure that we should be saying that the cases are recent when they aren't really all that recent.

I hope no-one thinks I'm nit-picking and I'm sure this small point would be lost on your average DCA for example. I'm just thinking that this one might be due for a little update so as to keep it current in all respects.

Perhaps you could comment if you're reading this Niddy, assuming it's one of yours.

Apologies to you for this slight diversion Selinek.

[Selinek]

A very forceful letter and many thanks indeed to the author for producing this and all the other invaluable letters.

It may be a very small point but I wonder if a few small adjustments to the letter might be timely as it does read a little as if it had been written a few years ago, which of course it probably was.

In particular the Carey v HSBC, McGuffick v RBS, Kotecha v Phoenix, Murphy v Cabot & Hayes v HFC cases are referred to as "recent" but actually date from between 2009 and 2011, I believe.

If there aren't any other relevant cases post-2011 then perhaps all that is required would be simply to refer to them as of now but leave out the word recent.

Obviously the letter would have been right on the nail in all respects if sent in the couple of years or so after these cases but it's now a few years further on and I'm not entirely sure that we should be saying that the cases are recent when they aren't really all that recent.

I hope no-one thinks I'm nit-picking and I'm sure this small point would be lost on your average DCA for example. I'm just thinking that this one might be due for a little update so as to keep it current in all respects.

Perhaps you could comment if you're reading this Niddy, assuming it's one of yours.

Apologies to you for this slight diversion Selinek.

Also thanks to Still waving and Roger: I will take into account comments above and make changes unless there are any recent relevant cases if available would be great. Agreed the letters put together have definitely be so so valuable . Will sort out over the weekend.

[Selinek]

Lloyd’s TSB

• Type of account: credit card
• Date commenced pre 2007
• Approx balance: £545
• Date last paid: 2008m
• on DMP SC 21/11/17 cancelled DMP
• Status :defaulted. dropped off my credit file
• Account owner :Westcot

CCA request sent 11/09/17.

20/09/17 received letter and returned £1 cheque( not one in my name) to either send to the O/C or I request they do it . Not bothered as yet will get onto them

UPDATE: 27/11/17 resent CCA REQUEST making chq payable to LLoyds


UPDATE: 30/12/17

Letter from westcot informing acct on hold until Agreement is found. Take as long as you need !


UPDATE : 25/02/18

Niddy says. Wescott are expecting to be paid , don't they all!



UPDATE: 18/06/18


14/06/18:Letter from LLOYDS saying due to me not paying they have transferred my account to Moorcroft. They go on to say they have instructed Moorcroft to collect outstanding amount: Didn't realise Lloyds still own the account. No date on letter

15/06/18 :Letter from Moorcroft a day later : Dated 13/06/18. They want me to contact them to arrange payment within 7 days or they will recommend further recovery to their client. Interestingly they say that Lloyds has registered a default against my credit file. This account has already defaulted and dropped off my CR , indicating to me Moorcroft aren't checking their records . I take it this is being passed around from DCA to another ? Do I need to do anything ?


Update: 28/06/18

Letter from Moorcroft received toady dated 25/06/18 informing of possible further action . They go on to say to prevent this from happening to contact them within 7 days with a payment proposal. I will wait to what they come back with. Will file in the mean time.


6th July 2018, 17:17
I’ve noticed that Moorcroft has done a search on my credit file. What would they see and what purpose would they have to do a search ?

Susie Replied: It could be to see if anything has changed, or to see if they are likely to be paid If they see the debts you have listed, they will most likely not get the impression that you have a lot of money to pay them with!

UPDATE: 31/07/18

Letter from Moorcroft dated 9/7/18: they re concerned they haven't heard from and willing to accept a sensible monthly instalment. if no contact within 7 days they will resume collection activity: Filed

Letter From Moorcroft dated 23/7/18 giving me till 30/07/18 contact them or they will continue to contact me by lettering phone ,refer to home collection for rep to establish contact report an adverse entry on credit file. Filed

[Selinek]

American Express

• Type of account: credit card
• Date commenced :2006
• Approx balance: £972
• Date last paid: 2008
• on DMP SC 21/11/17 cancelled DMP
• Status :defaulted. dropped off my credit file
• Account owner : NCO-other

CCA request sent 11/09/17.

21/10/17 Received what looks like an enforceable agreement. Will send to Niddy


UPDATE: 11/11/17. Niddy saying Agreement is due to it being unsigned

Another one bites the dust

Update: 08/06/18

Letter from NCO informing me that my account will be referred back to the client if I don't contact them within 7 days. Is there anything I need to do or just wait for amex to get in touch ?

UPDATE:
09/06/18

NCO sneaky buggers letter received yesterday, just noticed the date 02/06/18. Now received letter from American Express Global collection, dated 05/06/18; informing me that my account has been transferred to external collection agency First Source Solutions UK. Letter goes onto say that the agency will be responsible for collecting outstanding balance and will be in touch to make arrangements. Do I need to send anything or just wait. Not heard of company before any one had dealings with them ?


UPDATE:

18/06/18
Letter from First Source dated 11/06/18 stating they are collecting balance on behalf of American Express . They go on to say they will call to talk about a payment plan . Well that is very unlikely to happen

UPDATE:31/07/18
Letter from First Source . Offered me an opportunity to pay account in full with a stated monthly payment; Filed

[Selinek]

Citi financial

• Type of account: credit card
• Date commenced pre 2007
• Approx balance: £1119
• Date last paid: 2008
• on DMP SC until November 2017
• Now self managed: Not paid November 2017
• Status :defaulted. Defaulted ,dropped off my credit file
• Account owner : 1st Credit
• CCA request sent 11/09/17.

Received letter stating that account is on hold until information has been found.

I know it’s a waiting game

Updates
22/12/17

was only thinking yesterday how quiet it has been. A “true” copy of Agreement bent sent today. Even though my address is there the agreement could be for anything. I could be wrong but I will send to niddy after the festivities. Merry crimbo

29/01/18

Niddy says its . 1st Credit have been in touch expecting to be paid! I would imagine letters and phone calls will start as I am not paying. Any ideas what I do next I don't have the stomach waiting for 6 year statue barred.


Hi Some guidance would be appreciated. I have received a letter from 1st credit paying they are " considering " county court action. What do I need to do ? Had a CCJ some years ago , now got rid and all defaults removed from CF. Credit is looking good , not wanting to undo that.

Thanks in advance

Updates:
February 2018 1st credit sent letters one threatening to consider court action:

Great advice from ADD+ to sent missing PT letter and SAR to Citi Financial


March 2018: Letter from 1st Credit for me to contact them regarding a discount they are willing to offer... FILED away
Letter from Intrum in response to missing PT letter. Of course they believe the agreement in enforceable and want paying . More great advice from ADD+ will send to 2nd agreement to Niddy to be doubly sure and possibly SAR Stepchange as well .

Just waiting for SAR response for Citi Financial , then take it from there


UPDATE: 24/04/18

Received response to SAR. Sent originally to 1st credit. Received a letter from Canada Square operations stating they will be dealing with request. I have received over 400 pages of paperwork. Surprisingly I have received a copy of the EGG loan agreement and credit card agreement made in the early 2000's. These debts are currently owned by Link. I must say I was surprised to see the agreements , baring in mind I had not heard from Link after sending a CCA last year. They have stepped up their phone calls recently. Have I shot myself in the foot by asking for SAR ? Shall I send the EGG agreements to NIDDY to have look at. In terms of Citi financial they have sent another agreement. Apparently according the letter one is the "original CCA" the other is "the current CCA" One has my current address on it the other has my old address on it. It looks like the one sent from 1st credit from CCA request. Shall I send this NIDDY again too. Any advice would be greatly appreciated

Great Advice from Roger . Thank you

Update: 28/06/18

Letter from Intrum dated 24.04.18 informing me of change of name from 1st Credit: Filed

Letter from Intrum dated 15/06/18 offering a reduction off outstanding amount. Ignored filed

Letter from Intrum received today, dated 25/06/18: Heading YOUR ACCOUNT WILL SHORTLY BE PASSED TO OUR INTERNAL LEGAL DEPARTMENT. They go onto to say " your account will be passed our legal department to consider county court proceedings. They then list the consequences of a judgment attachment to earnings , warrant of control charging order. They don't want to pursue this course of action . They have given me 10 days to contact them to prevent further action. Of course I have no intention of contacting them. Do I just wait to hear from their legal department. Just so I'm clear does a letter before claim need to be sent before they actually go ahead and obtain a CCJ?

01/07/18
Just a query : After receiving the letter from Intrum I was prompted to finish wading through the the paper work sent by Canada Square ( acting on behalf of Citi ) ; in reposes to my SAR: all 1100 pages I was confused as they sent me details of my old EGG accounts. Roger put me right ,on why this was the case..what a relief. Had a look at the Citi Financial details sent me. I have all the contract details and application dates etc re EGG accounts but not so much for Citi . Canada square sent me the same copies of the credit agreements requested to 1st Credit. They have been sent what they call "the “original” agreement" with 2003 date interesting part is the year at the top of one agreements is 2008, but statements for citi cards start 2003. Both are the same as ones sent to Niddy. According to the wording from Intrum (see above) they are likely to pass onto their legal team for pursue a CCJ. Will this will discrepancy be my defence ? I know I should wait just want to get in mind what my plans will be.

Thanks in advance

UPDATE 09/07/18
Received letter from intrum's legal department dated 06/07/18 stating the account will be passed to their solicitors with the intention of issuing a letter before claim in accordance with the formal legal proceedings. They have given me 10days to get in touch to arrange payment. No doubt they are going to take matters further. Is there anything I need to do before hand or do I sit tight and be in touch once I receive the LBC.


UPDATE: 31/07/18 Letter from Intrum. Letter dated 17/07/18 responding to Final Response Letter. The are adamant they have complied with the Act with the following reasons. I did precis .. hope it makes sense


The answer section 78 of act . There are various things that maybe omitted...

1)Subject to the following provisions of these regulations , every copy of an executed agreement security instrument or other document referred to in the act and delivered or sent to debtor and any provision of the act should be a true copy thereof

2)There maybe omitted from any such copy

b) Any signature box or date of signature.

Creditors are not required tp provide a copy bearing signatures. They quote "this was confirmed by Judge Waksman in Carey v HSBC 2009. They go on to confirm they canned reconstitued copies which was enclosed with a letter they sent me in December 17. A statement of the terms of the agreement as varied has been provided to me

A statement account given from Dec 17

Compliance with section 61

They have sent an income and expediture for me to complete with a offer of payment

They have put account on hold for 30 days. they will pursue recovering the outstanding amount. Is this a standard letter they send out to give the impression that they are in the right and I am in the wrong?

[Still Waving]

Creditors will almost always try to convince you that they have complied with the Act and that the account is enforceable.

Cap 1 quoted Waksman in their letter replying to my original CCA request a few years ago - however Niddy said that what they had sent was UE.

Intrum may have complied with the CCA74 request but, as Di would tell you, the CCA74 request is for information purpose, but it does not prove enforceability.

I take it from what they have said that what they sent did not include a box containing a dated signature? See what others think, but I would consider sending the CPUTR letter, headed up as a Formal Complaint and referring to their recent letter.