Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi all I CCA'd Moorcroft DR in March for a storecard , they returned my P.O. for a quid saying they had returned it to the original creditor? and were no longer dealing with it...still have the letter they sent me and all of a sudden they are now telephoning me! have avoided answering their security questions of course. gonna dig out their original letter and copy it on as they cannot be serious..would have at least expected another DCA but not the same one? is this a case for TS and fos? However am not entirely sure if store card was taken out after april 2007 although im sure it was . 90 pc.
I apolgise to the nice people at moorcroft , they did cash it and said they are continuing to seek to obtain blah blah blah account on hold.... etc but still they are calling me..they have not yet written and i have refused to answer correctly security questions..... mmm are they calling me to tell me i dont have to pay a penny ... doubt it...
the original reply was ent 3rd march
they have not sent me a cca (legible) Moorcroft was the first company i dealt with and now they are still harassing me? can deal with it but still tremble when i see 0161 number come up....
from the original post it sounded like the fee had been returned and account sent to original lender, but now they are collecting again after 3 months break.
In which case sending for the cca shoud be the first thing you would do with any first contact with a DCA. At the end of the day your objective is to find out if they have a valid cca how will you know until they respond to a statutory request.
I think the regulator would just recommend applying your request again.
donlt send another cca thaey are in defaul of this first one wherther they accepted the £1 or not.
you could send the telephone harrassment letter to stop the calls:
Your Street
Town
City
Postcode
DATE HERE
Company Name
Road
Town
City / County
Postcode
Re: Harassment by telephone
ACCOUNT NUMBER: XXXXXXX
Dear Sirs
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
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, fos, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded.
Yours faithfully,
[NAME HERE]
and all you need to send them is:
Account In Dispute
Ref:
Dear Sir/Madam
Thank you for your letter of xx/xx/xx, the contents of which have been noted.
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.
On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)
The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.
Furthermore
You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.
This limit has expired
As you are no doubt aware section 77(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.
Therefore this account has become unenforceable at law.
As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.
This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.
Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.
It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Should you not respond within 14 days I expect that this means you agree to remove all such data.
Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully,
ida x
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Many thanks ida have sent the account in dispute...not heard a peep so far, sorry for the delay, i think so far, if you slip off the radar with these companies they are more liable to forget about u and concentrate on the "more " profitable cases? my god i'm so ashamed...everyone should know about the work we do... have tried to pass it on but people don't seem to realise that being in debt is not a crime!
CCA request returned and still chasing me
but not the same one? is this a case for TS and fos
Reply With Quote
Re: CCA request returned and still chasing me
Originally Posted by postggj
