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Moorcroft admit no CCA

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  • Moorcroft admit no CCA

    As some of you know I am currently dealing with a few creditors and trying to sort out my finances.

    Brief history of this one...
    I had a catalogue with GUS (Great Universal) and informed them I was under financial difficulties, along with my other creditors. They were one of the ones who ignored my correspondance.
    I received a letter from Moorcroft last month, of intended litigation. As I'd not heard from them before this I sent them a CCA request the very same day.
    Their reply 2 weeks later:
    I write to confirm that our client (GUS Essentials) has been unable to supply a signed credit agreement for you. We have therefore returned the payment you have made.
    We accept under the Section 127 (3) of CCA 1974 this debt is therefore unenforceable via a court order. We must inform you however that the account still remains outstanding.
    It is our understanding that the goods which have been charged to your account have been ordered by and delivered to you. We can confirm that a default remains in relation to this account and that making payment to clear the balance may assist in relation to your credit history.
    Please confirm that you accept that goods were ordered and received and let us have your settlement proposals."
    I have drafted up a letter in reply, as I do not wish to avoid my debts, and would appreciate any imput on improving the wording please
    I acknowledge your letter dated 5th March 2008 in which you confirm there is no signed credit agreement for this account.
    I understand that the late fees which have been added to this account are unlawful at Common Law, Statute and recent consumer regulations and do not reflect their true cost.
    I also understand that there have been payment protection insurance premiums (account cover plus) added to this account. GUS did not check my personal circumstances at the time of sale, which they are under obligation to do. If they had done, they would have realised that a PPI policy was useless to me, as I have not been in paid employment for some years.

    I dispute the balance of £xxx and, with a limited number of statements, have worked out the amount of mis-sold PPI is approx £xxx and unlawful charges amount to £xx. I therefore make an offer for full and final settlement of this account for £xx.

    Please would you confirm your acceptance of this offer and how you would like it to be paid.
    Thanks in advance.
    You can't scare me, I have children.

  • #2
    Re: Moorcroft admit no CCA

    BytheWay, no one will think you are trying to avoid your debts hun, but if these people can't supply the paperwork then it becomes unenforceable. If they want to proceed they will have to go to court and explain to a judge why they can't produce the paperwork and sure as eggs is eggs they don't want to do that.

    So basically if I were you i'd keep this one neatly filed away until they can produce the proper paperwork.

    Comment


    • #3
      Re: Moorcroft admit no CCA

      Thanks Sapphire. I get the feeling that Moorcroft won't give up though, and may well send me more letters or even pass it onto someone else. I'll cross that bridge when I come to it.
      As for the default, well I have a few more, so am not worried about that too much, as I do not want any more credit. I will just wait the 6 yrs for them all to drop off.

      On a side note, I think GUS are irresponsible credit suppliers. The credit limit they granted me crept up from £300 when I opened the account, to £3400 within a year!! Thankfully I didn't ever have a balance over a couple of hundred!
      You can't scare me, I have children.

      Comment


      • #4
        Re: Moorcroft admit no CCA

        I wouldnt bother with PPI and charges tbh. They have confirmed the debt is entirely uneforceable in the courts.

        needs work...
        I acknowledge your letter dated
        5th March 2008 in which you confirm your inability to supply a true copy of an executed credit agreement for this account reference xxxxxxxxxxxxxxxxxx.

        Your letter acknowledges the legal status of this account as being unenforceable under
        Section 127 (3)
        of the Consumer Credit Act. I therefore request written confirmation that the balance on this account is cleared and no further payments are due.

        Additionally under
        Section 10 of the Data Protection Act 1998, you are obliged to cease processing data with regards to marketing and Credit Reference Agencies. Should you continue to process my data unlawfully, I will take further action against you.


        If you do want to repay any legitimately owed part of this debt - ie excluding PPI and charges you could add on...

        As a gesture of goodwill, on this occassion only, I offer the sum of £xxx to clear this account in its entirety.

        or something. Depends how much it is really.

        Also was if pre April 07 that the account was started?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Moorcroft admit no CCA

          errr mrs - the default - No credit agreement = unlawful processing of data = remove the default from your credit file.

          No waiting 6 years for it to drop off !
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Moorcroft admit no CCA

            That seems to be Moorcrofts standard response to catalogue cca requests

            I got exactly the same of my Next account from them

            Comment


            • #7
              Re: Moorcroft admit no CCA

              The balance Moorcroft are asking for is £250...the settlement figure I'm willing to offer is £50. Yes it is pre April 07.
              The default was issued by NDR in December. I've not checked my credit report recently so I think maybe I should shift my a*** and go check to see exactly whats been added recently. Ame, I consider myself well and truly told off lol.

              What happened with your account after that, PKea?
              You can't scare me, I have children.

              Comment


              • #8
                Re: Moorcroft admit no CCA

                As my debts are managed with Payplan, at the moment, Moorcroft only get £1 a month anyway,
                so they are on my list to do when everything else has been settled.
                I just CCA'd all my creditors to get all paperwork ready for the future

                Comment


                • #9
                  Re: Moorcroft admit no CCA

                  Hi ByThe Way

                  I have just done the same as you with regards to Littlewoods for my daughter,they have accepted what I offered as full and final settlement,but they are sticking to the right to report to credit reference agencies,will be looking in to this a bit more. They are going credit the account with all admin charges once they receive the payment.
                  Member of the Beagles £2 coin and small change savers clubs, both based in the Debt Forum:11:

                  Comment


                  • #10
                    Re: Moorcroft admit no CCA

                    Aaah, right PKea, thats prob why I couldn't find it in a search Good luck!

                    Hi Scottishlass, congrats on your successful offer! I figure Moorcroft will probably accept my F&F and also expect them to argue the rights to keep processing, as this seems to be the norm for DCA's etc. I will check first to see whats been entered on my CR then take it from there. If NDR (part of the GUS group methinks) did put a default notice on then I guess I'll have to deal with them.
                    You can't scare me, I have children.

                    Comment


                    • #11
                      Re: Moorcroft admit no CCA

                      Originally posted by ByTheWay View Post
                      Aaah, right PKea, thats prob why I couldn't find it in a search
                      Ooops My mistake, it was Robby Way who had next, PKea v Robison Way / Next - Legal Beagles

                      There is a response letter on there which you may be able to alter to suit

                      PKea

                      Comment


                      • #12
                        Re: Moorcroft admit no CCA

                        Does anyone know if you've had a free credit report in the past (more than a year ago) you can get another free? Or am I chancing my luck? :o
                        You can't scare me, I have children.

                        Comment


                        • #13
                          Re: Moorcroft admit no CCA

                          Originally posted by ByTheWay View Post
                          Does anyone know if you've had a free credit report in the past (more than a year ago) you can get another free? Or am I chancing my luck? :o
                          Only one way to find out, gove it a go
                          If not its only £2, ignore all the dredit expert crap they try to sell.
                          If you have trouble finding the link for the £2 report shout and i will dig them out for you

                          PKea

                          Comment


                          • #14
                            Re: Moorcroft admit no CCA

                            CRA Application Forms

                            Legal Beagles

                            PKea

                            Comment


                            • #15
                              Re: Moorcroft admit no CCA

                              Originally posted by PKea View Post
                              Only one way to find out, gove it a go
                              If not its only £2, ignore all the dredit expert crap they try to sell.
                              If you have trouble finding the link for the £2 report shout and i will dig them out for you

                              PKea
                              Thanks PKea...I'm filling out the form at Experian as we speak...it asks me if I've had a report from them before...I can't decide whether to click yes or no lol..as I've had a free one and a full one... I'd better click yes!


                              AAARRRGGGGHHHHH!!!! I keep having to choose a different username, thus my details disappear and I have to type them in all over again, haven't got time for this right now! Will have to do this later, GRRRR!
                              Last edited by ByTheWay; 12th March 2008, 14:29:PM. Reason: to add last sentence!
                              You can't scare me, I have children.

                              Comment

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