Old Credit Card debts - All sold on and defaults gone from credit reports....

[echat11]

a) Nothing has been sent regarding the account from 2006 to 2020.

When they have to supply a statement of account - Would the statements they have sent be suffice?

No, they need to provide a copy of the agreement.

b) Does the statement of account only have to show payments made since moorcroft took over the account ?

They might only have 6 years of statements.

c) I am going to send the letter now to moorcroft now stating that I believe the account is unenfoceable and that i believe they are misleading me into believeing it is enforceable (as per complaint to FCA and last message on here). There has been about 3 days delay since lodged the complaint with the FCA, the further response doesnt cover any of the inital issues with the CCA so this is still my position ?

Yes, your position hasn't changed. Remember the FCA doesn't look into individual complaints.

[steslem]

a) Nothing has been sent regarding the account from 2006 to 2020.

When they have to supply a statement of account - Would the statements they have sent be suffice?

No, they need to provide a copy of the agreement.

b) Does the statement of account only have to show payments made since moorcroft took over the account ?

They might only have 6 years of statements.

c) I am going to send the letter now to moorcroft now stating that I believe the account is unenfoceable and that i believe they are misleading me into believeing it is enforceable (as per complaint to FCA and last message on here). There has been about 3 days delay since lodged the complaint with the FCA, the further response doesnt cover any of the inital issues with the CCA so this is still my position ?

Yes, your position hasn't changed. Remember the FCA doesn't look into individual complaints.

Thanks for the reply - sorry I wasnt very clear on this one:

When they have to supply a statement of account - Would the statements they have sent be suffice?

What i meant was: What do they have to supply to fulfill the statement of account part - and would the 6 years statements sent fulfill this part of the request?.

They have sent copy of the agreement - but no credit limit stipulated and no T and C's sent for agreement or variations.

Thanks

[steslem]

a) Nothing has been sent regarding the account from 2006 to 2020.

When they have to supply a statement of account - Would the statements they have sent be suffice?

No, they need to provide a copy of the agreement.

b) Does the statement of account only have to show payments made since moorcroft took over the account ?

They might only have 6 years of statements.

c) I am going to send the letter now to moorcroft now stating that I believe the account is unenfoceable and that i believe they are misleading me into believeing it is enforceable (as per complaint to FCA and last message on here). There has been about 3 days delay since lodged the complaint with the FCA, the further response doesnt cover any of the inital issues with the CCA so this is still my position ?

Yes, your position hasn't changed. Remember the FCA doesn't look into individual complaints.

Hi,

Got the letter off to Moorcroft regarding the HSBC account and them missleading, included that a complaint has been lodged with FCA.


Didnt know if this would be better in a new thread but will post it here for now.



Sent off letter in jan to moorcroft regarding a Natwest account - balance outstanding is just over £1000 (smallest account).

Receieved a response yesterday direct from RBS (see attached), they have come back straight away and stated it is unenforceable but not void.

My next step would be to stop paying?

They state in the leter that "the credit agreement is not void and the obligations to make payments to us under the credit agreement remain. As previously advised in our default letter the account will continue to show as default and will be reported to the credit reference agencies, as we are legally intitled to do, under the terms of the credit agreement."


Question is - if i stop paying will i get a default on credit file ? The debt isnt even on my credit file anymore...

Thanks
Ste

[echat11]

Hi,

Got the letter off to Moorcroft regarding the HSBC account and them missleading, included that a complaint has been lodged with FCA.


Didnt know if this would be better in a new thread but will post it here for now.



Sent off letter in jan to moorcroft regarding a Natwest account - balance outstanding is just over £1000 (smallest account).

Receieved a response yesterday direct from RBS (see attached), they have come back straight away and stated it is unenforceable but not void.

My next step would be to stop paying?

They state in the leter that "the credit agreement is not void and the obligations to make payments to us under the credit agreement remain. As previously advised in our default letter the account will continue to show as default and will be reported to the credit reference agencies, as we are legally intitled to do, under the terms of the credit agreement."


Question is - if i stop paying will i get a default on credit file ? The debt isnt even on my credit file anymore...

Thanks
Ste

a) My next step would be to stop paying?

Correct.

b) Question is - if i stop paying will i get a default on credit file ? The debt isnt even on my credit file anymore...

No you shouldn't get a Default on your Credit file, as it's already been placed on their for that debt and has obviously dropped off.

[steslem]

a) My next step would be to stop paying?

Correct.

b) Question is - if i stop paying will i get a default on credit file ? The debt isnt even on my credit file anymore...

No you shouldn't get a Default on your Credit file, as it's already been placed on their for that debt and has obviously dropped off.

Thanks, I stopped the payment at weekend and the next payment was due yesterday - already got a message regarding payment being late.





Next one is PRA - relating to MBNA account £7500 approx. opened 07/2008

They sent a response to the initial CCA request, an agreement and somehting as T and C's - plus a statement of account.


First thing is there is no Credit limit on the agreement - just the ststement of "We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know" Nothing further regarding a credit limit being added or what it was.



The T and C's consists of 3 pages that look like they are from a very old agreement of the period and the 15 pages of T and C's that look newer and have my address on from 2018 and also refer to LLoyds Bank in them at one point.

The older 3 pages look like they have added MB 07/08 added to them in bottom corner - I may be wrong but the whole text is diff and stands out like its been added at a later date. The 2018 newer T and C's just have MBNA Credit cards in bottom left of each page but nothing relating to a date for the T and C's.


The Agreement and T and C's part of this response threw me a bit and had me looking over it for a few days, I will see if i can edit and uplaod parts. Not sure if its correct or just something they have put together to make me think it is.....

No credit limit mentioned on any of the documents sent for agreement.


They have also sent a response that is supposed to consist of the statement of account.

This is the monthly statements for a randon 11 month period of july 2018 through to may 2019 ........ Notthing signed from the bank, nothing showing any payments made before the dates or after, nothing in the statement of account that shows whats been paid each month since 2019 and whats outstanding and future payements.

Am i right in thinking that what they have sent as statement of account would not comply with the CCA request and what should be sent?

There is nothing regarding any changes to the account - Credit limit, intrest rates changes etc throught the life of the account and nor any elevant T and C'a for any changes. ( I wondered if the second later set of T and C's sent, which has a int rate of 29% was sent to make me think that was them sending T and C's for changes to the varied account)

Thanks
Ste

[echat11]

a) This is the monthly statements for a randon 11 month period of july 2018 through to may 2019 ........ Notthing signed from the bank, nothing showing any payments made before the dates or after, nothing in the statement of account that shows whats been paid each month since 2019 and whats outstanding and future payements.

Yes. You pointed out it's 'random', it's not complete, so if they are saying you owe £X,XXX, then they need to show that is the case with the relevant statements.

b) There is nothing regarding any changes to the account - Credit limit, intrest rates changes etc throught the life of the account and nor any elevant T and C'a for any changes. ( I wondered if the second later set of T and C's sent, which has a int rate of 29% was sent to make me think that was them sending T and C's for changes to the varied account)

It sounds like they are telling a story, but haven't got compliant documentation.

[steslem]

a) This is the monthly statements for a randon 11 month period of july 2018 through to may 2019 ........ Notthing signed from the bank, nothing showing any payments made before the dates or after, nothing in the statement of account that shows whats been paid each month since 2019 and whats outstanding and future payements.

Yes. You pointed out it's 'random', it's not complete, so if they are saying you owe £X,XXX, then they need to show that is the case with the relevant statements.

b) There is nothing regarding any changes to the account - Credit limit, intrest rates changes etc throught the life of the account and nor any elevant T and C'a for any changes. ( I wondered if the second later set of T and C's sent, which has a int rate of 29% was sent to make me think that was them sending T and C's for changes to the varied account)

It sounds like they are telling a story, but haven't got compliant documentation.

Thanks you - I will get letter and email off today.

Can i ask a quick question - so if i have a outstanding balance on one account for say £8000 - do they need to provide statements that show all the transactions that I made to make the original £8000 debt?

Just so i know what I am looking for and that if this is the case I will be able to determine this easily from a quick look each time.

Thanks
Ste

[echat11]

Thanks you - I will get letter and email off today.

Can i ask a quick question - so if i have a outstanding balance on one account for say £8000 - do they need to provide statements that show all the transactions that I made to make the original £8000 debt?

Just so i know what I am looking for and that if this is the case I will be able to determine this easily from a quick look each time.

Thanks
Ste

Can i ask a quick question - so if i have a outstanding balance on one account for say £8000 - do they need to provide statements that show all the transactions that I made to make the original £8000 debt?

If they say you owe £8,000, then they need to show that the money is owed. In saying that, they could provide some statements to show the account was used and hope the Judge / Court goes with that.

Judges / Court aren't exact science. You could argue that complete statements hasn't been provided, there's evidence for the amount they are claiming.

[steslem]

Hi Echat11,

Wanted to drop you a quick update - didnt see the point in keep repeating the same for each account.

As it stands - the smallest one £1070 with moorcroft (RBS) has been classified as unenforceable directly from the bank.

The other 7 are as follows.

Wescott havent supplied anything for one account since requested 12/01/2026 - I have stated it is now unenforceable

Other Wescott one they have only sent a 2 page agreement and nothing else - responded saying i didnt request anything else (sent standard CCA request to all). Also stated it is now unenforceable.

The 3 PRA are all at similar stage - under investigation - one was classified as unenforceable - and then a week later sent me some paperwork but not what is required.


2 moorcroft that are left - also under investigation, got to the stage where they have supplied some paperwork but not all - i have stated it is unenforceable.

Now they are at this stage i will update as i get them.



Question regarding the RBS unenforceable one - i wanted to try and use this one as a template for trying to settle the accounts, How do i go about oferring a settlement for the RBS one - and should i be offerring around 5% ? Is there a template for this? and do i offer directly to bank or with moorcroft?

Thanks
Ste

[echat11]

The letter needs to have 'Without Prejudice' written on it.

Remove the first line. Offer what your comfortable with.

Amend to suit your circumstances. Make sure you get Proof of Postage.

Send it to Moorcroft.

https://nationaldebtline.org/get-inf...tlement-offer/

[steslem]

The letter needs to have 'Without Prejudice' written on it.

Remove the first line. Offer what your comfortable with.

Amend to suit your circumstances. Make sure you get Proof of Postage.

Send it to Moorcroft.

https://nationaldebtline.org/get-inf...tlement-offer/

Thanks for that - I will look at putting it together over the weekend.

I received a email today from moorcroft regarding the Tesco Credit card today £5800 outstanding and no information been sent since initial CCA request in Jan - I had written to them in april stating they hadnt complied with the CCa request and that the debt was unenforceable. This is the response:


"Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with TESCO BANK.

They have reviewed their records and kindly requested that you contact them directly on 0345 835 0808 to enable them to gather full details of what information you require, alternatively you can write to them at Tesco Bank, PO BOX 342, Newcastle Upon Tyne, NE12 2GD clearly stating the information required. Once received your request will be referred to their Legal Team to address. If you require anything further in relation to the information we have provided in this letter, please do not hesitate to contact us on the above telephone number."

Do i now just write back to moorcroft and state as above about being unenforceable and leave it there - or do i have to write to tesco?

Thanks again for your help.

Ste

[echat11]

Thanks for that - I will look at putting it together over the weekend.

I received a email today from moorcroft regarding the Tesco Credit card today £5800 outstanding and no information been sent since initial CCA request in Jan - I had written to them in april stating they hadnt complied with the CCa request and that the debt was unenforceable. This is the response:


"Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with TESCO BANK.

They have reviewed their records and kindly requested that you contact them directly on 0345 835 0808 to enable them to gather full details of what information you require, alternatively you can write to them at Tesco Bank, PO BOX 342, Newcastle Upon Tyne, NE12 2GD clearly stating the information required. Once received your request will be referred to their Legal Team to address. If you require anything further in relation to the information we have provided in this letter, please do not hesitate to contact us on the above telephone number."

Do i now just write back to moorcroft and state as above about being unenforceable and leave it there - or do i have to write to tesco?

Thanks again for your help.

Ste

I would just write a brief cover letter to Moorcroft.

Dear Sir / Madam

Thank them for their letter.
Ask them to 'kindly pass your recent correspondence to Tesco Bank'.
Thank them for doing that.

Kind regards

XXXXX