Hello all. Need some advice.

[Harry Dresden]

Re: Hello all. Need some advice.

It is a further offence to attempt to enforce this alleged agreement until such time as you comply.

It isn't.

Isn't it? I just want to make sure before I send it.

[labman]

Re: Hello all. Need some advice.

It isn't, but most DCA's will cease enforcement at this stage, hence me leaving it there. It is there deliberately.

Enforcement actually means enforcement in a Court of Law. They are quite within their rights to ask you pay the money in the meantime, this is not legally classed as enforcement. :beagle:

[Harry Dresden]

Re: Hello all. Need some advice.

Hi, Happy Halloween!:marchmellow:

Well I got a reply to the CCA no response letter.



So I suppose now it's just a waiting game to see if they manage to produce the documents. The fact that they say

we will be communicating with our client

leads me to believe they haven't done anything yet. I presume that if they do eventually produce them, and if they are correct, I will have to start paying again but what do I do if they send something but it doesn't match what i've got? Do I tell them I have an original copy of the agreement? My main reason for going through this process is to make sure if I do have to pay it is going to those with the legal right to collect it.
halocat2

[FlamingParrot]

Re: Hello all. Need some advice.

What you've got is a standard DCA response. They buy the debts in bulk without paperwork and always have to go back to the original lender to request documents. The OC may or may not have them; if they have them, they may or may not be enforceable. It's a waiting game but one that can work to your advantage. If you are not paying, the SBd clock is ticking while they investigate. :clock: :clock: :clock:

I wouldn't mention anything about having an original copy of the agreement, they have a duty to satisfy a s.77-79 request and provide you with one.

The CCA request is sent with the purpose of assessing enforceability, regardless of account ownership. If your account has been sold, you should have received a notice of assignment. As Moorcroft are saying they are communicating with 'their client', it sounds like they are just acting for Santander rather than being the new account owners. The main point is that they are putting the account on hold, :thumb: so for now, sit back and await further communications.

...and a HAPPY HALLOWEEN TO YOU TOO! :spooky: :witchy: :marchmellow:

[labman]

Re: Hello all. Need some advice.

Hi,

I agree entirely with Flaming Parrot here as usual. They have done exactly as I predicted, and it has proved a wise choice to leave in the phrase Clever Clogs picked me up on. The SB clock is now slowly, but surely ticking away. Definitely do not tell them you have the original. That could be very powerful ammunition later on. Do you have the T&C's to go with it as well? I haven't read back through the thread, but I think you may have said you had which is good.

As far as things go now, you tell them nothing and they'll find out bit by bit as time goes by if they need to be told.

It's good to see things are going exactly as predicted so far. :wink1:

[CleverClogs]

Re: Hello all. Need some advice.

As Moorcroft are saying they are communicating with 'their client', it sounds like they are using the services of a spiritualist.

I've fixed your post for you. :happy2:

[Harry Dresden]

Re: Hello all. Need some advice.

LOl, just got an image of them sitting round a computer in a dim room chanting. :deadhorse:

and yes Labman I do have the original T&C's.

[Harry Dresden]

Re: Hello all. Need some advice.

Hi Labman, well they have managed to provide me with a copy of my original agreement and comparing it with my copy it is correct. They have given me 14 days from the date on their letter, which is 5/12/13, before they start trying to collect again. I only got it today which is 16/12. I suppose i'll just have to set up the standing order and send them a letter to tell them I have done so. Oh well.

[Harry Dresden]

Re: Hello all. Need some advice.

Thanks to all those who have given me advice with this. Merry Christmas. :2w32gd1:

[Harry Dresden]

Re: Hello all. Need some advice.

Slightly changed my mind. I'm going to 'ugh!' thank them for supplying the copy of my agreement and ask them to send me a new standing order form as the previous one they sent me has a specific date for starting payments. :tung:

Unless anyone has any other ideas. Giving the Moorcrap phone number to a 'Nigerian prince' is enticing. :elch:

[Harry Dresden]

Re: Hello all. Need some advice.

Just a short addition to this. I just received a letter from Moorcrap saying they want to 'review' my payments and want me to ring to discuss any 'adjustments' that can be made. :tung: They may try to ring if they don't hear in the next few days :tinysmile_aha_t:. But 'emphasise' that the current arrangement remains in place if they don't hear back. :rolleyes2: .
Now I don't know what anyone else would do but my intention is to ignore it and let them waste the phone call. I always let the phone ring then 1471 to see who called to avoid the hassle. It's nice to know there is help here if needed. Many thanks again to all that helped with this.