CCA MoorCroft/Argos Card

[manc1976]

Today is the day when I CCA Moorcroft, I have printed off the standard letter and not signed it by hand. Will go to the PO later to get the £1 order and send by RD 1st Class. Will see what the buggers come back with!!

I owe Argos Card about £600 and was passed to moorcroft about a year ago and I have been paying £5.10 a month via my DMP with CCCS.

They phoned me at work yesterday and again this morning demanding money saying that they have not been receiving payment.

I told them 2 things.

1) CCCS has been making the payments to them for 1 year now by Direct Debit.
2) Remove my work phone number from their system.


Let the fun begin

[42man]

You might be interested in this thread re Argos...

Credit Agreement

[manc1976]

Thanks for the link.

I'm quite confident that moorcroft wont have anything that can stick, judging by posts on this forum.

So will see if Argos eventually come back to me.

[babybear39]

Subscribing...

[manc1976]

Checked the Royal Mail Tracker and says that the letter was signed for this morning. Will await for the image to be uploaded and then take a copy of that.

The clock is now ticking on MoorCroft

[col123]

Subscribing....

[manc1976]

Moorcroft received my letter on the 25th March and today I received a reply from them dated 26th March. Below is the contents of the letter:

Dear Manc

RE:Argos Card (Refxxxxxxxx)

I refer to your recent correspondence. We are continuing to seek to obtain a copy of the Consumer Credit Agreement that you have requested. Our systems provide for reviews to be sent to our client on a regular basis and this we are continuing do. I will contact you again just as soon as the agreement has been made available to ourselves and confirm at this stage the account has been placed on hold and that we will not seek to enforce the debt until such time as the agreement is obtained.

In the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.

Please could you provide this information by return. We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

I thank you for you assistance and patience in this regard.

Yours Sincerely

Mrs K Dyde
Operational Support Supervisor

Well, I wont be responding to this letter and they have until April 9th to come up with the CCA and then a further 30 days before I contact TS.

I have highlighted the part I enjoyed the best, as they have agreed in writing that they cannot enforce the debt until they have provided the agreement, which we all know they probably can't!!!!

[fuzzybobble]

I had the exact same letter about 3 months ago.
Still no sign of an agreement from either Moorcroft or Argos.

Even if they do manage to produce something, it's likely to
be an unenforceable application form.

[manc1976]

If I have my calculations correct then the 12+30 Days will be up tomorrow or the day after and no CCA in sight.!!!

What is my next move??

[babybear39]

If they contact you asking for payment report then to Trading Standards and send them a 'bog off' letter which someone will supply should you need it

[manc1976]

Received a letter from Moorcroft this morning.

We write further to your recent letter. At this stage we are currently unable to provide a copy of the agreement as we have been in contact with our client (Argos Card) who have confirmed that to obtain a copy of the agreement under Section 78 of the CCA you must put your request in writing to the following address:-

Customer Support
Home Retail Group F.S.
Royal Avenue
Widness
WA88 1AL

We are therefore returning the payment submitted in that connection so you can send your request to our client

Should I now CCA Argos or just leave it?

[babybear39]

Originally Posted by manc1976

Received a letter from Moorcroft this morning.




Should I now CCA Argos or just leave it?

The above is a pile of ****

Personally, I would write sternly to moorcroft that seeing as it's them hounding you, it's their duty to pass your CCA request and that you are counting the legal requirement days from your first request. Enclose in the letter the returned payment, send recorded and also mention that you'll report them to Trading Standards.

This, from OFT guidlines, may also apply:

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
a. sending demands for payment to an individual when it is uncertain that
they are the debtor in question, for example, threatening debt recovery
action to 'the occupier' or sending a payment demand to all people sharing
the same name/date of birth as a debtor in the hope that contact with the
correct debtor will be made.
b. disclosing debt details to an individual when it is uncertain that they are
the debtor in question, for example, disclosing details to 'the occupier' of
an address.
c. refusing to deal with appointed or authorised third parties, such
as Citizens Advice Bureaux, independent advice centres or money
advisers
d. contacting debtors directly and bypassing their appointed representatives
e. operating a policy, without reason, of refusing to negotiate with
debt management companies
f. passing on debtor details to debt management companies without the
debtors' informed prior consent
g. failing to refer on to the creditor reasonable offers to pay by instalments
h. not passing on payments received within a reasonable time resulting in
delays that adversely affect a debtor's financial position.
i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued

Full OFT guidlines available here:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Good luck and best wishes.

[manc1976]

These buggers tried to phone me at work today, I failed the security so they said that they would phone back.

I had forgotten about this one, so will be returning the £1 PO and a stern letter tonight.

[babybear39]

Send them this:

- HARASSMENT WARNING -
WARNING; PROTECTION FROM HARASSMENT ACT 1997;
WARNING; COMMUNICATIONS ACT 2003. s127.

Telephone Number: {Your Telephone Number}
Re: Harassment by telephone

Dear Sir/Madam.

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

Continued interference with my contractual rights in this manner may result in legal action.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

Be advised that all telephone calls from your company will be recorded.

Yours faithfully,

It's stronger than the standard one. Amend to suit, send recorded, DO NOT SIGN, print your name and keep copies of everything, call logs, content etc.

[manc1976]

I'll add that into the envelope that I send out tonight. The number that they phone is my work one, and I am too busy to be dealing with these idiots.

Thanks for all of your help BB

[manc1976]

Both letters sent out tonight RD with name printed on letters, no signature.

Lets see what crap they come back with this time.