Moorcroft

[Jonesy81]

Hi, newly registered here and I have been reading for a while so hopefully I’m doing the correct thing! After some advice..

Currently have over £30k debt which is being paid on various arrangements (credit cards) however one was with MBNA for £6k which went into default (strangely enough they were the ones advised me to stop payments because I couldn’t afford it). That was stopped about a year ago and now I have received a letter from moorcroft chasing the debt. I don’t know if moorcroft own the debt or working for mbna. My plan was to send the CAA letter (Using Template from Here) As card initially opened 2005 before looking into other options?
can someone advise if the debt is too recent - default was registered September 19 or should I send the letter and see if enforceable?

many thanks

[Jonesy81]

CCA letter even..

[The Tech Clerk]

Debt with originator moorcroft only collectors. Help wil come along son welcome

[nightwatch]

Hello and welcome,

You ask
{As card initially opened 2005 before looking into other options?
can someone advise if the debt is too recent - default was registered September 19 or should I send the letter and see if enforceable?}

too recent for what?
SB, yes, only defaulted last year , when you stoped payment,
UE, no debt is to recent to check for UNenforceability,

Will you be looking to send for CCA's for the other debts? Remember to send the £1 fee with the request and get proof of posting,
why not start a Diary, on this thread and list them all, giving us some history so we can give more advice.

The Diary format is as follows

Use this format for each one >

• Type of account (credit card/loan/overdraft)
• Date commenced
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser)

When or if you receive CCA's send unredacted copy to:- webmaster@all-about-debt.co.uk for checking refer to this thread

enjoy your weekend
NW

[Timewilltell]

From personal experience with Moorcroft, ignore them, they’ll pester for three months then pass back. Not worth your paper or fresh air to engage with them.

[Jonesy81]

Thanks for the replies, I’ve already got the £1 and letter to send so will send to them and see what they come back with. If it’s unenforceable, I guess they will pass back to mbna anyway?

[nightwatch]

Morning,

NEVER guess what a DCA will do. we have /had a lot of unenforceable debts, all are now SB, but we still get the odd letter asking for payment.
just because it is UE in some way, does not stop them asking for the money.
If they are only collecting for MBNA, then all MBNA will do is pass to another collector or sell to a debt buyer, who MAY try and convince you that it is enforceable,

Moocroft are the first step to seeing if you will pay anything towards the debt, it will be passed to others if they get nothing.

the journey has yet to begin.

[Jonesy81]

If it is found to be unenforceable should I offer a small amount as final offer to try and close the issue or will moorcroft straight away pass it back? Thanks.

[Timewilltell]

It’s not moorcroft’s call to accept any offer they will have to ask debt owner.

[nightwatch]

Hiya,

If it is UE why pay anything at all, ?? If you want to, then that is up to you, but let them make the 1st move, It's like a game of poker, never show your hand too soon.

It is also better if the debt has been sold by the original creditor, as a company thay buys it will have paid very much less than what you owe and will be after any chance to make some money back on it.

being UE means they can ask for payment BUT CANNOT enforce in court. lot's of DCA's have tried to frighten people into paying UE debt's by mentioning court, CCJ and so on.
without a compliant CCA they cannot go that far, they may say they will, but know they can't.

Offering a F&F payment will not remove the default from your credit file, if that is what you were hoping,
plus a F&F offer has to be worded correctly, to make sure they don't pass the rest on to someone else,

have a read of some of the older Unenforceable diarys to see how things go. just remember every debt and DCA is different.

here is mine, don't panic, things got better.

https://all-about-debt.co.uk/forum/d...-diary-of-debt

[Joanna Connolly Solicitors]

one was with MBNA for £6k which went into default . . . was stopped about a year ago and now I have received a letter from moorcroft chasing the debt. I don’t know if moorcroft own the debt or working for mbna. My plan was to send the CAA letter (Using Template from Here) As card initially opened 2005 before looking into other options?
. . . . default was registered September 19 or should I send the letter and see if enforceable?

If you stopped paying a year ago then you’ve only another 5 years to go until it’s Statute Barred (or only 4 years if you live in Scotland). Although the default date may shunt that on a little.

I wouldn’t do anything at the moment that might trigger close examination of your account which in turn could prompt them to remedy any flaws made over the years.

Were you served with a compliant Default Notice before the account was defaulted in 2019?

Have you received a formal Notice of Sums in arrears (s86 CCA)?

Hopefully MBNA will assign (sell) the account to a debt purchaser who may not have access to their (MBNA) documentation - assuming it exists for this 2005 credit card.

Do nothing right now is my suggestion.

Di

[Jonesy81]

Hi Diana, thanks for the reply. I did get a default letter from mbna last year. I’m now being chased by moorcroft regularly and so should I be ignoring them? My thought was send the CAA letter so that I know if it is enforceable or not? I don’t want to get taken to court!

thanks

[nightwatch]

Hi again, just ignore Moorcroft, file the letters away, post back on here when you get any more, you are a Loooooooong way off going anywhere near a court,
enjoy your weekend.

[Joanna Connolly Solicitors]

Hi Diana, thanks for the reply. . . . My thought was send the CAA letter so that I know if it is enforceable or not? I don’t want to get taken to court!

No one enjoys going to court except lawyers

And I’d be very surprised if MBNA issued a claim - they’re more likely to assign the account to a debt purchaser.

Whatever happens you should be sent a formal Letter of Claim giving you 30 days notice before they issue which gives you (and me) time to evaluate the situation.

I would simply post on your thread each time you receive any correspondence from anyone.

Di

[nightwatch]

Hi Jonesy. hope all is well with you, as you can see we are up and running again, any updates?