Bye Bye Moorcroft - Again

[alsagerman]

Re: Bye Bye Moorcroft - Again

If you've been asking for a copy of the notice of assignment for that long, and they still ignore your request and continue to pursue, then i believe that amounts to harassment. May i suggest your next letter should remind them of OFT debt collection guidlines and of the Ferguson v British Gas court case. Put them on notice that unless they can comply with your requests you will view any further contact from them as unlawful and leave's them liable to pay compensation.

[Heid the Baw]

Re: Bye Bye Moorcroft - Again

Alsagerman thanks for your message, indeed, I've had the full 9 yards, phone calls, threats of doorstep visits, letters claiming I'm in arrears for an agreement that I never made, mountains of drivel from their compliance dept but still no notice of assignment just that they were contacted in Sept 11 by the client. I had a Current Account with RBS seperate from the loan, they are trying to bundle the two together "Router Accounting" they deny all knowledge of this practice which is disingenuous at the very least. I shall await their next reply and then post the lot.

[basa48]

Re: Bye Bye Moorcroft - Again

Cheers Basa I've asked them for the Assignment notice, in over a year they have failed to provide this.

I was referring to a letter asking the original creditor for a copy of the loan agreement (under s77). Do you know if Moorcroft own the debt or are just debt collecting for RBS?

In any event you need copies of the loan agreement, statement of account, default notice and notice of assignment (if the loan was sold).

TBH I'd ignore the threats if you don't have all those or politely explain that it's harassment.

It might be worth moving your cash out of that current account if you haven't already.

[Heid the Baw]

Re: Bye Bye Moorcroft - Again

basa, RBS closed the current account 6 years ago however continued to pile charges on it. I have since had those removed, I pay a monthly fee to that account. I requested a copy of the Loan agreement from RBS in December 2008. They replied in Feb 2009 stating they could not find the agreement and realized it was Unenforceable (I'll scan it in this post). I ceased payments on the back of this letter they defaulted but no letter. and heard nothing more till Saturday morning calls from Moorcroft in September 2011 trying to bundle the current account and loan together. I have requested yet again a notice of assignment frankly I'm heading for the conclusion that it will need sorted in court. Baring in mind that in Scotland they will need to produce the original documentation. Cant attach pdf so copy text including their typo below.

Dear,

Thank you for your correspondence dated 9th December, and apoolgise fo the delay in our response.

We regret to advise that the loan agreement has been misfiles and despite searching of our records we have been unable to locate it. Our records of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires.

In the circumstances we appreciate the under s.77(4) of the CCA if Mr .... decides not to meet his obligations under the loan as they fall due we will be unable to take steps to enforce repayment of the loan. However we consider that hi should continue to meet his obligations under the agreement bearing in mind the agreement isn't void, it remains valid and his continuing default will be reported to the Credit reference Agencies. s.77(4) only prevents us from pursuing recovery of the debt through the courts.

I should point out that I was still making payments when this letter was sent, minor point but they do say continuing default when that hadn't happened yet.

[basa48]

Re: Bye Bye Moorcroft - Again

basa, RBS closed the current account 6 years ago however continued to pile charges on it. I have since had those removed, I pay a monthly fee to that account. I requested a copy of the Loan agreement from RBS in December 2008. They replied in Feb 2009 stating they could not find the agreement and realized it was Unenforceable (I'll scan it in this post). I ceased payments on the back of this letter they defaulted but no letter. and heard nothing more till Saturday morning calls from Moorcroft in September 2011 trying to bundle the current account and loan together. I have requested yet again a notice of assignment frankly I'm heading for the conclusion that it will need sorted in court. Baring in mind that in Scotland they will need to produce the original documentation. Cant attach pdf so copy text including their typo below.

Dear,

Thank you for your correspondence dated 9th December, and apoolgise fo the delay in our response.

We regret to advise that the loan agreement has been misfiles and despite searching of our records we have been unable to locate it. Our records of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires.

In the circumstances we appreciate the under s.77(4) of the CCA if Mr .... decides not to meet his obligations under the loan as they fall due we will be unable to take steps to enforce repayment of the loan. However we consider that hi should continue to meet his obligations under the agreement bearing in mind the agreement isn't void, it remains valid and his continuing default will be reported to the Credit reference Agencies. s.77(4) only prevents us from pursuing recovery of the debt through the courts.

I should point out that I was still making payments when this letter was sent, minor point but they do say continuing default when that hadn't happened yet.

TBH there's not at lot you can do. There is no law against debt collectors asking for payments (so long as it's not excessive to the point of harassment) and as there is a history of payments it is reasonable to assume you admit the debt.

However, by their own admission they cannot pursue you through the courts until they find a valid agreement. You are home and dry. Just bin (or archive) all the begging letters. No need to respond to them. You may even find the account being passed from pillar to post over the years.

Their comment regarding 'continuing default' means that your continued non payment going forward will be recorded at the CRAs. Unfortunately there is no easy way to avoid these markers on your credit files. Even if you manage to get any 'defaults' removed, you can be sure they will record 'late' or 'non payments', which frankly are nearly as bad for trashing your credit rating. Basically it is the lenders way of 'getting you back' !

I suppose you could sue to get them removed, but it would be costly and with no guarantee of success and I don't know what legislation it would come under. Best reconcile yourself to living a credit free life! Probably better for you anyway.

[Heid the Baw]

Re: Bye Bye Moorcroft - Again

Cheers basa, not looking for credit ever again. My hunch is if RBS were confident of winning we would have been in court years ago ( why wait two years?). They chucked the ball over their shoulders to Moorcroft in the hope I would be intimidated into caving in. Moorcroft have made so many mistakes I'm almost embarrassed for them. How people like that are allowed to trade in this country defies belief. having said that the banks have raped and pillaged to frightening degrees and have been allowed to get away with it because it suits those in power who rely on the funding etc. Goodwin took £40billion down the plug hole yet sits on a £300k pa pension, there's the real problem. Thanks for your help. Will update when I hear from Moorcroft again.

[Heid the Baw]

Re: Bye Bye Moorcroft - Again

Moorcroft have replied to indicate the account has not been assigned to them. They are assisting their client "RBS" in the recovery of the account. Yet again they are bundling a Current account with a Loan Agreemnet as if they are one and the same. RBS have also sent a note to clarify the Moorcroft situation. Why this has taken over a year no one will know. Regarding the current account I had a payment plan in place with Triton(RBS) at no time have I had any correspondence from them to say the account has been transferred.