CCA Request

by thewhitevest33 Mon Jul 08, 2019 3:16 pm

Hello there everyone.

Now my problem is November 2018 i received a letter from 'Moorcroft dca' and they were collecting money owed that i had been paying £1 a month for years to Lloyds bank as i am unemployed and suffer from mental health issues. I did all the CCA request things and they kept sending me the same copies of the ONLINE loan that had been filled out but with no signatures from myself or the bank. All that there was, was a box with asterisks and a tick box saying that i agree to the terms and conditions with a blacked out signature from someone at the bank. Now i have queried this many times as to prove the debt, my understanding is there has to be a signature from myself and someone representing the bank. So long story short their last letter stated that this online box of asterisks and the tick box is all they need to prove the loan, so where do i go from here?

Many Thanks in advance.

by handle Mon Jul 08, 2019 6:23 pm

need more info:
1) date of the loan being taken out?
2) was it an online application or paper?
3) Last time you paid the £1?
4) what CCA requests specifically did you do?

by thewhitevest33 Tue Jul 09, 2019 3:47 pm

Hi there and thanks for responding.
1) July 2014.
2) Online.
3) June 2019.
4) A signed true copy of the alleged agreement. (not signed).
A full statement of account. (got).
A signed true copy of the deed of assignment or deed of novation. (they are collecting on behalf of Lloyds) (not got).
I hope this helps, any more info you require then please let me know.
Many Thanks.

by handle Wed Jul 10, 2019 6:07 am

As this is a post 2007 agreement, internet applications are acceptable without a signature, so they do not have to and cannot produce a signed copy if you never signed one.

Your last payment/acknowledgement of the debt was last month so you cannot rely on the Limitation Act.

They do not need a deed of assignment or novation as they haven't sold the debt. It is still with Lloyds, and a debt collector (not debt purchasor) is chasing.

It sounds like they haven't even sent a default notice.

You took out the credit recently (2014) so there is little chance of arguing against it.

The only course of action is to ask clarification re their charges, interest etc by going through the statements or by finding that the agreement does not conform to the consumer credit act (unlikely).

by flyingfish Wed Jul 10, 2019 8:10 am

Irrelevant post deleted - was meant to be a reply in another thread. Don't know how that happened.

by thewhitevest33 Wed Jul 10, 2019 1:21 pm

Hi again.
So whats my next course of action?
I can't send the 3 letter solution as i've already sent a cca request and had multiple responses can i ?
Would sending their letters back RTS or removing their rights of implied access help me?
I really am in a hole with no shovel!

Thanks for replying.

by handle Wed Jul 10, 2019 2:22 pm

I would suggest you post up the CC agreement (redacted for personal stuff) and we can look through it to see if the essential criteria is in it.

by thewhitevest33 Wed Jul 10, 2019 4:59 pm

Here is the CCA, hope this helps!
Hope that this is in correct format as i'm new to all this and am unsure, if not correct could you advise how to do properly.
Thanks.

by handle Wed Jul 10, 2019 9:38 pm

It looks like it has everything in it. There is not much you can do at the moment and there is no legal action to defend.

by Mrblue2015 Thu Jul 11, 2019 5:53 am

(Moved post to ‘Debt’ section)

by thewhitevest33 Thu Jul 11, 2019 1:15 pm

Thanks for all your help on the matter and looking over the docs, much appreciated.

Anybody out there who can help would be most appreciated as the clock is ticking until these parasites come a calling. Do i send the DCA letters back RTS ? I really am at a loss as what to do next.

by handle Thu Jul 11, 2019 4:55 pm

Something does not sit right with this:
You took out the loan in July 2014, and say when you received a letter in Nov 2018 you have been paying £1 a month for years.

You must have been unable to pay when you took the debt out?
How much was it for?
When did you start paying £1 a month?
Can you post up the Nov 18 letter redacted for personal stuff?

by thewhitevest33 Fri Jul 12, 2019 2:05 pm

Hi again.

I took the loan out in July 2014 for £5000 when i was working full time, i then had a personal tragedy and have been unable to work since Jan 17'.
I went (unfortunately to the only help that i knew of at the time) to CAB as i was unable to pay my loan so they sorted out the payment to the bank at £1 a month which i cancelled yesterday.
Here is Nov 18th Letter.

by handle Fri Jul 12, 2019 6:20 pm

when was your first payment of £1

by thewhitevest33 Fri Jul 12, 2019 6:33 pm

Jan 17'

by handle Fri Jul 12, 2019 8:08 pm

So you immediately offered £1 when you became unemployed. At that point they would not have been chasing you for arrears?
Did they never send any arrears letters before you proffered £1?

by Akira Sat Jul 13, 2019 2:06 am

I'm unsure if this can be of much help given i am not experienced with things like this but you may be able to render the agreement/contract with the bank void.

I say this because from my research the majority of loan applications are wrong, as in the bank commits fraud by false representation and there was another thing on fraud that i can't remember right now. Loan applications are actually promissory notes and this is not made clear on your agreement and this should allow you to render the agreement void because of this, furthermore, the banks claim they lend you their money which in fact they do not, they create the new money and facilitate credit and again this is not stated on the loan application and can e used to dispute it and render it void.

Those two factors would likely come under fraud due to false representation, now i have not tried any of this myself and i learnt of things like that from a youtuber named TJ who has a lot of content on youtube on contract law, however that channel is based in the US so aspects of it may not apply here but this is something for you to potentialy look into that could possibily help you with your problem.

by handle Sat Jul 13, 2019 12:15 pm

I can see from the outset that this is what is being promoted.
doesnt apply here in practical application.

by waylander62 Sat Jul 13, 2019 2:19 pm

problem here is that the agreement will not be heard under contract law as it has its own statute which will be the CCA Act 1974

this act, set up to protect consumers has been and continues to be eroded year on year.

If you are going to challenge the debt based on what i have read so far you will need to do a HUGE amount of research and be up for one hell of a fight against the bank, their solicitors and also the Judge as they will all do their utmost to destroy your argument.

you will somehow have to prove the fraud which void of any proof will be impossible and getting the proof will also likely prove to be impossible

by thewhitevest33 Sat Jul 13, 2019 2:26 pm

handle: Yes i offered them a £1 straight away as that is what CAB asked me to do as they filled in the paperwork so i could do that, and no they didn't send out any arrears letters to start with.

Akira Today: I too have looked into banks committing fraud on every loan or mortgage, turning your agreement into a promissory note with your signature. Proving it is another story as who is going to stand up for the little guy when the banks own everything inc governments and the corrupt legal system.

My options now are very few, all i can think of to do is return their letters and ignore any debt collector who comes to my dwelling.

waylander62: Yep your spot on with the legal system as proving fraud of a debt is a mission impossible unless your legally trained and their all bought and paid for.

by Snoop Sat Jul 13, 2019 4:01 pm

Just because you’ve already received a cca no reason you can’t send the 3 letters to moorcroft requesting all the documents surely?
Is it a true copy of the cca? I received a cca for an alleged credit card but the letter was unsigned therefore I didn’t accept it.

by thewhitevest33 Sat Jul 13, 2019 4:43 pm

Snoop: Yes it's a true copy of the cca but as 'handle' stated, that it seems an online loan doesn't need a signature to prove the debt as it was carried out online with only a tick box to confirm the loan. I could try the 3 letters just to buy more time as i don't think i have much to lose as there going to start sending the threat letters after the 1st of August.

by handle Sat Jul 13, 2019 8:04 pm

The tick box thing and online applications only became enforceable after April 2007, when a section of the old act was removed. All agreements entered after that date need to fight on new grounds.

In this case you haven't been served with a default notice! There is nothing to fight.

The only thing you are currently fighting is what you have entered into. The creditor hasn't started any main action yet.

The transparency of misuse of the three letters becomes transparent, even embarrassing, in front of a judge, especially if you didn't need to send them.

by thewhitevest33 Sun Jul 14, 2019 3:21 pm

handle: So what other options am i left with ? The banks don't lend any money as it's all based on fraud. What are your legal qualifications if i may ask as you seem to know about legislation!

by handle Sun Jul 14, 2019 9:12 pm

i'm not sure what you are looking for. You came across as inexperienced but start talking about banks lending based on fraud which is a very deep area.

thewhitevest33 wrote:
Akira Today: I too have looked into banks committing fraud on every loan or mortgage, turning your agreement into a promissory note with your signature. Proving it is another story as who is going to stand up for the little guy when the banks own everything inc governments and the corrupt legal system.

You didn't mention this at all in your posts on your dilemma, and is a completely different tangent to someone who has immediately gone out of their way to acknowledge a debt and pay £1 a month when there was no pressure to do so.

What a coincidence that 'Akira' appears who has only ever made 2 posts and on the subject of promissory note fraud, and you seem to know all about it. A very subtle approach to encourage members to jump on a bandwaggon of promissory note fraud to divert your own thread. Maybe this wasn't forthcoming from members and there has been some "collusion" to hurry the real agenda of this thread.

You now want members to state their legal qualification which would put them in a position of financial compromise if you rely on their advice.

You should always check advice given independently, and advice given is a "pointer" to save you time. Any advice given is not to be relied upon and is not given as professional advice.

It appears you have a perfectly valid credit agreement which you have constantly affirmed and agreed with the creditor and are seeking some "dodgy" advice that you/others will attach to this forum.

My spidey sense is on this one.

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