Thread: Debt Managers CCA'd (No Response) Now Passed to Moorcroft

Hi

Barclaycard account in a an agreed payment program with Debt Managers
Sent CCA section 77 & 78 request to Debt Managers in March, only reply was to acknowledge that they will contact me when they have found the agreement.

Today received a Notice of Intended Litigation from Moorcroft Debt Recovery Ltd,

I think that this is an illegal move by Barclaycard and that I should tell them so.

Any comments or thoughts on a good letter would be appreciated.

Thanks

BB

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Found this courtesy of Curlyben so thanks CB.

I will send out an edited version to suit and see what happens,

ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

BB

HI BB,

I think that this is an illegal move by Barclaycard

Not sure it's illegal but it's certainly in breach of the OFT Guidelines on debt collection.

Send the letter to Moorcroft and copy it to BC.

Originally Posted by slick132

HI BB,

Not sure it's illegal but it's certainly in breach of the OFT Guidelines on debt collection.

Yes probably somewhat frivolus of me----Sorry !!

Send the letter to Moorcroft and copy it to BC.

Anyone know a good address to send Barclaycard a copy of the above.

Thanks

BB

This should do it:-

BARCLACARD.
PO Box 5592.
NORTHAMPTON.
NN14 1ZY

Originally Posted by slick132

This should do it:-

BARCLACARD.
PO Box 5592.
NORTHAMPTON.
NN14 1ZY

Thanks Slick

BB

Update,

Moorcroft have sent me a complete set of statements!! with a note saying that the account is on hold for 14 days during which time I must come up with a repayment plan.

Now apart from breaking the OFT guidlines on debt collection, I am beginning to suspect that Barclaycard do not have an executed agreement to send, or would they surely have sent that too via Moorcroft.

BB

Hi BB,

Carefully adapt this (courtesy of CurlyBen) to suit your case and send to Moorcroft :-


Dear Sir/Madam,

FORMAL COMPLAINT
Account No. xxxxx

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.
As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.


I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully

Thanks slick132,

Just a stronger version of post 2, I will send to Moorcrap.

BB

*cough* that's another of mine there Slick
Needs heading as a FORMAL COMPLIANT.

Hi CB,

Abject apologies, amendments made and nice to see yer !! :o

Don't sweat it mate
I can tell me letters a mile off anyway.

Lets hope Moorcroft can too !

One phone call was all it took for me to bin them a couple of months back.
When will these DCA's learn

I went off on one at them.
Went into the whole breach of Data Protection Act, CCA, OFT regs and the fact their letters are designed to intimidate and cause distress.
Also if I received another letter of this type I would report them to everyone that would listen and also file court action against them with regards harassment and admin of justice.

Best NOT to get on my wrong side.

My wife knows when I'm going to RoShamBo a DCA 'cos a pace around the kitchen and talk extremely calmly and with authority

I ought to feel sorry for the phone jockeys, but hey, I had to put up with bad customers when I was in retail, so fairs fair.
I don't rant and shout at them, but my vocal tone tells them I mean business.

CB,

You sound rather like Marco Pierre-White (ITV 9pm tonight) in HIS kitchen.

And I won't even ASK the definition of RoShamBo.

You're so right though about talking calmly and with authority. It's infinately more successful than ranting, swearing or generally losing it - and that goes for all situations, not just DCA's.

Urban Dictionary: roshambo #2.3 and I wear steel toed CATS

Ouch

A procedure which should definately be kept exclusively for DCA's.

Update,

A big thank you to all for the input on this thread, I have today had an admittance from Moorcrap that they cannot comply with my request for a copy of the agreement, so have beaten them off.

Guess we will just have to wait and see who BC give it to next ?

Thanks again

Beau