hi

i had a debt with choice catalogue.. this was passed to gcc debt recovery in a year i have £200 off the balance.. however last month my payment was late and they demanded an extra £15 (late payment fee) from me, i said i wasnt prepared to pay this and sent them my normal monthly payment.. they have now passed this to moorcroft debt recovery who have issued me with a notice of intended litigation they are asking for payment in full by wednesday of this week, the debt now stands at £668.40..of course i dont have the money, what should i do now? they've said that as they have had to resort to sending this letter..(ive never heard from them before?!) they have added a further £12 to the balance!!

any help very gratefully received

karen

hi...am dealing with them at the moment...served a cca request on them beginning august...no reply with in 12 day deadline and nearly at 30 days...bunch of clowns...my sister had the account with choice and it was passed to gcc to recover about 250 quid...my sister has been paying them for 12 months but no statements , just the odd 15 quid letter charge...we did a credit check on my sister this week, and choice solicitors have defaulted her and ccj her about 6 weeks ago...nothing from the court or anything received by her....am going to make application to have judgement set asidetommorrow and am then going to claim all funds she has paid to gcc. dont worry about these chimps..

Mr Bond if you start a new thread on the set aside I will advise how to word it.

Karen here goes, you will need to edit it for your needs and do not send it unless you understand and agree with all parts. Any questions just post back here.

Re Account No/Reference No:− 4563210025897412

 

Three matters concerning the above account.

 

1. Repayment Proposal

 

We cannot now afford to agreed monthly payments because ... [your short paragraph added here]

 

We can only make monthly payments of £86.66 per month (£20 a week).

 

In view of our circumstances, please would you agree to accept a reduced offer of £86.66 per month. If interest or other charges are being added to the account we would be grateful if you would freeze these so that all payments made will reduce what I owe you.

 

Should our circumstances improve we will contact you again.

 

I have enclosed a chq for this months (September) payment.

 

We would be grateful if you would send a paying in book or standing order mandate to make it easier to pay you.

 

2. Formal Dispute

 

I was charged £15 as a late payment fee on the 1st June 2006.

 

To make my self clear past any point of misunderstanding I do not dispute the principle debt, only the parts made up of these late payment fees and any other such fees.

 

I am of the understanding that the 'fee' which has been applied to my account in relation to late payment is unlawful at Common Law, Statute and recent Consumer regulations. If you say that is not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

I accept a reply within 28 days informing me if the charge has been cancelled or a full breakdown of the costs (as outlined above).

 

Please understand that I will not pay this 'fee' without a Court Order or proof that and any Court action to make me pay the £15 will be defended on the above grounds and this letter will be relied upon in Court.

 

3. Request for information under the Consumer Credit Act 1974.

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement, a copy of the default notice and an itemisedstatement of all charges added to the account and payments made to the account since the default date.

 

I rely on the Consumer Credit Act 1974 namely (Sections 77−79). We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of the credit agreement, a copy of the default notice and an itemisedstatement of all charges added to the account and payments made to the account since the default date should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

For your information

 

As this may proceed to court please beware that I will be recording all further telephone calls from your company and I reserve the right to draw on these in court (only put this in if you are willing to record the calls).

 

Thank you for your assistance. We look forward to hearing from you as soon as possible and receiving all the above in due course.

 

Yours faithfully

thanks zooman? wheres set aside?

..lol

new thread set up as requested zooman,

thanks zooman, i reckon that should just about do it.. will get that off later today..

zooman

just a quick question.. my agreed payment with gcc was £20 per month (which im ok with) they passed this onto moorcroft after id refused to pay the late payment fee, there had been one other late payment which i made up the following month, should i leave the first paragraph as it is, since i havent agreed anything with moorcroft?

sorry if being a bit dumb!!

thanks karen

I would and add that GCC had said £20 a month is OK. I read the above as £20 a week so sorry for putting £86 down,

hi

sent moorcroft the subject access request letter saying i do not acknowledge any debt with them and enclosing a postsal order for £1 asking them to supply me with a true signed copy of the original agreement..

the cowboys have sent me a letter back thanking me for the £1 payment(?!) but it is essential that i have a future agreed payment arangement with them.. and if i do not contact them within 48 hrs they will have no choice but to commence legal proceedings against me!! aargh!!

thoughts please..

hi...if you have sent a subject access request, the fee is £10...if you sent a request under the cca, that is a £1 fee?..can you clarify which you have sent.

moorcroft will repeatedly badger you for this payment, and i mean repeatedly.

they do not accept no very easily.i had 5 rounds of letters to them but they keep firing back untill you give in and pay them...thats how they work.if you have sent a cca request in, then they have 12 days to comply with your request, if they fail to do so one month after that 12 working days has expired they have breeched the act and enforcement has to be done through the court.send another letter stating that that they must comply with the cca request within the timescale set above and you acknowledge no debt to them until the information requested under the cca is supplied. insist that their continued threatening correspondence is harrassment as they are not complying with your request and inform them that until the documents are provided this debt is unenforcable in law.do not let them get the better of you. i have been helping my sister with her catalogue problem with choice and gcc and moorcroft and the court,..believe me they are so sneaky this lot, and have certainly never ever responded to any cca request i have sent in and we are at court at the end of sept to have the judgement set aside. i have also been onto the trading standards about gcc, but they show no interest in taking further action against them, they just say well if they dont comply the debt is unenforcable, some help that is when all my sisters paying are unlawfull charges. pm me if i can help further.. 007

hi.. cant locate the letter i copied, its somewhere on the site.. and although it does say subject to access request at the top the rest of it clearly states what i require and what the £! postal order is for.. will keep searching so you can have a look at it.. i dont mind paying my debts.. i just hate these people and the way they operate...

thanks k

hi james.. have been searching all week and finally located original letter i copied as posted by baconbuttyman..

"try sending this to them

your bank plc

rip off st

tosserland

uk

16/06/2006

subject to access request

do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. "

what do you think? i dont want them to have any chance of getting out of this..

regards karen

hi karen. this is a request under the consumer credit act , not the data protection act.

this request orders them to supply you with the documents you have asked for under the consumer credit act, which they are bound to undertake.

failure to do so within 12 working days from their receipt of your request, makes the debt unenforcable, without further authorisation from the courts.if they then fail to supply the requested docs within a further 30 days after that, the company has commited a criminal offence.

these debt collectors do not always comply with this rule so beware!! and always inform them that you require those documents before you will address the matter ant further and tell them your rights under the consumer credit act as set out above.

these dcas may/will also file bad credit data on your file so be ready for that if not already done..

also be prepared for littlewoods to apply for a ccj, which as they are processed from the county court bulk centre, you are not always made aware of and it is not uncommon to not receive the papers from the court to defend yourself, and which in turn legalises their ability to collect the debt, complete and utter underhanded method of collection, which i believe needs addressing at the county court bulk center.

the catalogue companies and the water rates people and various other large businesses use this bulk clearance center at the court in northampton, and i know a lot of people who have never received any notification from them that a summonse was even issued.!! hope this helps?

i forgot to mention, send moorcroft a letter, with a copy of the original, outlining that the £1 you sent was for the information you requested under the consumer credit act, not towards any debt, and that moorcroft are bound to act on that request before any debt can be enforced.

send it signed for so you have a record..moorcroft will continue to send letters afterwards, but do not respond untill they supply your documents. the usual course then is for littlewoods to take court action, which is where we are at with my sisters account, we had to apply to have the judgement set aside on the above grounds and non receipt of summons, which goes before a judge next week so will keep you posted,,,,007

hi james

thanks for that will get the letter off to them.. there is a huge thread loan company cannot supply original agreement started by baconbuttyman.. it makes very interesting reading.. good luck with your sisters case and keep us posted...

thanks karen

finally got the result from the court..they didnt turn up and the judge gave them 14 days to provide the agreement failing which the judgement be set aside...they didnt and it was. got a letter a few days later from choice saying we have taken a commercial decision not to pursue this matter....what a surprise... 007:)

CONGRATULATIONS AND WELL DONE!!!

moorcroft have failed to respond to my cca request and i havent heard anything further from them so far!

k

Karen if it hasn't already happened you should ask the DCA to prove they have your permission to process your data. I believe if you default on an account then the agreement is cancelled and your permission to process data cannot be passed on to a dca. Therefore they cannot default you.

Someone with more knowledge should be able to advise on this.

hi all

had a letter from shop direct yesterday (formerely gus) saying they have taken a commercial decision not persue the matter!! result!

not sure if they have defaulted me off to check that now

thanks to everyone on the site for their support

karen x

congratualtions karen......007

p.s..let me know how you go on with default and markers ..i am about to proceed with the same...007

Hi I had a store card with Argos that went to Moorcroft I had been paying Moorcroft for a year with no statements. I managed to get a letter stating payments and dates and noticed a charge for £17.50. When I telephone Moorcroft they sais it was a fee for ignoring 4 letters sent. The charge was added the next day of Moorcroft taking on debt (which explains why I never had these so called letters) I sent a cca request to Moorcroft and one to Argos it has now been a month and I have not had a reply from anyone. I have not paid any money while I was waiting for a copy of the cca. Wondering what I should do next.

hi spidee

its 12 working days and then one calendar month, if they havent provided the original signed agreement by then the debt becomes unenforceable! just hang on in there..

have a look at this thread started by baconbuttyman

loan company cannot find the original agreement

(sorry tried to post a link but its not happening!)

good luck

karen