fwil's diary

[cymruambyth]

As JLC said it is 6 years from the last acknowledgement or payment so it will be 2021.

Wait until you hear from Lowell before sending any letters.

[JLC]

I think SB will be 6 years after you last made a payment. So March 2021!

[fwil]

Hello lovely people, its been a while
Tesco never provided CCA, just kept passing to different agencies so seems unenforceable and have now assigned to L0well.
On checking similar stages in cluelss24's diary it would seem best course of action is to send SWID letter?
Looks like my AAD+ has expired so will renew over weekend so I can access that template. Can anyone confirm that I'm going the right way or should I hold out a little longer before sending?
Also i was surprised to see on my own post I last paid them directly July 2012, although DMP payments to them carried on til March 2015, am i right in thinking im edging close to SB - July 2018?

Thanks in advance!

[Pixie]

Re: fwil's diary

oooh no, if they aren't giving you any trouble other than taking money off the balance, I would (and did) blagg it to SB

Me too

[MrsD]

Re: fwil's diary

oooh no, if they aren't giving you any trouble other than taking money off the balance, I would (and did) blagg it to SB

[fwil]

Re: fwil's diary

its over 20% of the balance. not sure whether worth holding out for them to sell on (i'm paying off a much smaller debt thats been sold to link) or just to start paying it now as its enforceable anyway. i guess i would probably end up paying that 20% back if they started applying interest again.

[MrsD]

Re: fwil's diary

it looks as if they have made a mistake somewhere and they've just paid the money to themselves. How much is the balance, does this make a huge difference?

[fwil]

Re: fwil's diary

while i'm on, had a strange letter re a coop loan deemed enforceable a while back on here as signed cca provided.
the letter says 'during a review of the account, we found that some of the info we provided to you in the past didnt comply with the cca..... refunding all interests, default charges since 2010.... your balance has now been reduced by >1k'
Not replied as i'm wanting them to sell it on. Apologies if this has been covered elsewhere but couldnt find any mention via searches....

[fwil]

Re: fwil's diary

Just to keep this updated, Morecroft eventually sent this back to Tsco who then passed it on to Rbnsn Way. Ignored their letters so far, including the latest balance reduction offer one.

[nightwatch]

Re: fwil's diary

if they have closed the account then why are Morecroft acting as collecting agents, They close the account when it is sold on, even then they are supposed to keep the paperwork for 10 years after it is closed,
did you ever send a Sold while in dispute letter to morecroft?, Tesco won't tell them you have asked for a CCA or that they haven't sent/ got one, Morecroft are just sent basics, name, address amount owed. they work on the assumption that you just wont pay, so come up with these barmy letters in the hope of scaring you into paying up.
Yes the debt still exists,they are also within there rights to ask for payment, but as they have not sent you any paperwork what so ever, they are unable to force you to pay it or enforce it through the courts.
If suddenly someone finds the CCA then that puts a new slant on the matter. While no one is looking for one it gets you closer to SB,

If Morecroft are unable to get anywhere they will send it back to Tesco who will then pass it on again even though they know it's UE

[fwil]

Re: fwil's diary

If you point out the errors it gives them chance to put things right

Just wondering what it is they could do to put things right?

Presumably the only thing they can do to make it enforceable would be to magic up the CCA from somewhere?

Twice they said my signature doesn't match so they can't send it (BS according to Niddy)
Then they said they aren't obliged to send one for a closed account (more BS according to Niddy)
Its fair to assume they haven't got it, isn't it?

[MustGetStraigh]

Re: fwil's diary

I'm still unclear why it is not a good idea to remind Moorcrft that it is unenforceable due to no cca. (OC said they're unable to provide it as the account is closed. Under the Act we only have a duty to give info only to a debtor under a running account credit agreement.)

I appreciate the benefit of delaying tactics but to be honest i'm feeling that if they can provide the CCA i'd rather just agree to minimal payments than try stalling for 6 years. I'm hoping they can't provide it after all their delaying but I would rather risk having to pay it off (very very slowly) than have anyone knocking on the door. Regardless of how impotent they may be it could cause a whole load of issues for my family.

Just to echo what everyone else has said... they are very unlikely to turn up. I've been batting off a number of DCAs for 6 years now, and have had many threats to visit me. Not one has ever (to my knowledge) ever turned up.
If they had, I'd have told them to b****r off

[nightwatch]

Re: fwil's diary

you have not agreed to this "visit" you are under no obligation to speak to this "agent" if I was to turn up at your door and start asking you about your debts and say I want you to pay me £20 now, would you do it? I wouldn't.
They are not allowed to speak to your family about it, Data protection act, you do not have to fill in any questionnaire, never heard such rubbish.

Please just ask them to leave

[nanna58]

Re: fwil's diary

If you point out the errors it gives them chance to put things right , so as long as they remain in the wrong all the better for you .
We never want to give them a chance . xx

At the end of the day it's you're choice entirely you do whats right for you, did you never send the template for doorstop visits ?x

[fwil]

Re: fwil's diary

I'm still unclear why it is not a good idea to remind Moorcrft that it is unenforceable due to no cca. (OC said they're unable to provide it as the account is closed. Under the Act we only have a duty to give info only to a debtor under a running account credit agreement.)

I appreciate the benefit of delaying tactics but to be honest i'm feeling that if they can provide the CCA i'd rather just agree to minimal payments than try stalling for 6 years. I'm hoping they can't provide it after all their delaying but I would rather risk having to pay it off (very very slowly) than have anyone knocking on the door. Regardless of how impotent they may be it could cause a whole load of issues for my family.