Letter From Moorcroft

[pipsaholic]

Hi,

I sent all 3 letters to Tesco Bank asking for debt validation, deed of assignment, proof of contract they have eventually after 4 months passed onto Moorcroft sent them letter 1 got this response?

Questions I have is

We received the instructions in good faith from the client/data controller - What document do they require to show the courts they are the data controller is this the deed of assignment?

Original contract with our client? I thought it was an agreement? could I state i requested a contract not an agreement in court they failed to supply correct document?

Protection from harassment act 1 (3) (c) what is this?

Statements during the lifetime of the account? Does that qualify as a bill credits and debits and adjustments of account?

Passing on account to other DCA's? If they do do they need to supply proof to the court they sold this debt on to someone else?

Thanks.

[cymruambyth]

Re: Letter From Moorcroft

It's a lot of smoke. Have you sent a CCA request?

An account can be passed to different DCAs to collect without assignment - this is only needed when the account is sold.

The statements don't mean anything, they need a legal agreement to enforce.

[pipsaholic]

Re: Letter From Moorcroft

No, CCA at the moment. How do you know an account is sold they lie to you don't they when they say they have not bought the debt the original creditor is the legal owner? Moorcroft need a legal agreement under their name to enforce?

[cymruambyth]

Re: Letter From Moorcroft

If I was you I would send a CCA request with £1 and keep proof of posting. Once you have this agreement you will know if it is enforceable and then you can check on the other parts. Unfortunately most DCAs are economical with the truth and say things to panic people so that they will pay or at least acknowledge the debt so that it does not become statute barred.

[pipsaholic]

Re: Letter From Moorcroft

if it is enforceable can a defendant still win on documentation not supplied when they have a right to it?

[cymruambyth]

Re: Letter From Moorcroft

I think you need to slow down and put your questions in context. Have you received a claim? Success in court depends on the evidence presented by either side. The solicitors would have to supply and prove that the correct documentation was supplied. The defendant would have to prove that it was not correct. Each case is different and is decided on merit a well as the judges interpretation of the evidence.

[pipsaholic]

Re: Letter From Moorcroft

No, court claim yet however I am getting threatening letters further action will be taken in 28 days.

[cymruambyth]

Re: Letter From Moorcroft

The letter above says that further action may be taken in 28 days and that they will pass the debt to another DCA, that probably means another threatening letter will be sent from a different desk in the office, possibly with another name. When was this taken out? As I stated in post 4 you need to send a request for your CCA, depending on what you receive and the age of the debt will determine how you react to any further letters. The points you highlighted in your letter are threats and variations on the truth.

[nemesis45]

Re: Letter From Moorcroft

Moorcroft acts on behalf of creditors and some debt purchasers, if Moorcroft says it is acting on behalf of a 3rd part that's what is happening.

nem