Hi,

Any one here please let me know

if I can reclaim all my monthly payments back which I made to DCA

which has confirmed they do not have CCA and no Notice of Assignment?

I made payments to them as far as March 2003.

I am at a stage with them where they are asking me a particular question why did I pay them for all these years?

I think they want to establish that since I paid them for all these years hence their action for taking money was legitimate.

I am thinking of taking the stance where I would write back to them that it was total mistake

on my behalf I paid you for all this time now to resolve this situation you have to pay back all this money.

ANy views?

Any template letter to recover this money and which clause fo law I can refer to ay refrence?

Please respond back ASAP!

Hi and welcome to Cag.

I think the most pressing question is, did you owe the money?

How much have you repaid/what was it for/who was the original creditor/who have you been paying?

Thank you very much for your reply.

Yes I do owe money to Alliance Lister

it was £1000

I have paid £500 and it’s for a credit card and now paying to a DCA.

Still if DCA had no CCA from day one which laws gave them the right to take money from me?

Alliance Lister is not involved anymore in this and as I said DCA last month has said they don't have any docs at all!!

So,, is this not mischievous to send an intimidating barrage of letters

and make people to pay them and the I did not know my rights at all.

Which dca

Name of the DCA is irrelavnt. Why is of so much interest to you?

Because DCA's are different and you have to deal with each one a certain way.

For example, DCA's such as scotcall can be ignored, while DCA's such as MMF need to be taken to task quickly before they start their tactics. Then you have DCA@s like lowells that are VERY litigous on any debt over £750.

There are also a lot of DCA's out there that lie and trick people into paying and use them as cash cows.

As you can now see, The name isnt irrelevant at all.

Thanks a lot for clarifications. Its Moorcroft.

And they are one of the DCA@s that rarely have the correct paperwork, and cash cow people. Which is the exact position you are in. Type moorcroft in CAG's search bar and you'll see what i mean.

Can i ask when was the last payment you made to the debt, or made written acknowledgement? Are they still chasing you?

Ignore their silly remarks about why you paid. Think about it. They are meant to be a legitimate company chasing a debt that is owed. Why do they think you paid? They are trying to intimidate and harass you.

The only options you could have is that they bluffed you into paying ( you'd have to prove it), or they outright lied to you on any paperwork. The sticking point is they could easily claim the money was in genuine payment towards the debt or gifted to them.

In future, if you have anyone chasing you for a debt, send a CCA request. If they fail to comply, then you know they can never enforce the debt in court, and you stand a much stronger chance at a very low F&F settlement.

Thinking about it, If they have never supplied a CCA, then you could try and claim that the £500 so far is in F&F settlement, as they know they are unlikely to get any more.

As i said, you have been cash cowed, and its doubtful you will get the money reclaimed. Especially from the likes of moorcroft.

Thanks for your reply.

To put them in this very position to accept the £500 paid as F&F

I think they must be threatned with some sort of action against them under the limitation act

where I made payments by mistake and they must pay back.

This was my original thought to deal with them.

Second option or at the same time they must be reported for this to OFT

because in DCA code of conduct set out by OFT its written they shall not hide information from debtor and demand money.

They hid the vital info re. lack of docs and demanded money.

If, I simply say to them and offer F&F as you are suggesting then it means I am admitting this debt exists.

What is your view?

They can't be liying on lack of paper work.

I have been sending each letter by recorded delivery and been telling them all this communication

would be part of any defence if ever a litigation procedure is started.

Moorcroft dont care about that unfortunately. They will simply harass and threaten you into paying something. Then when challenged, they will go very quiet as they invent a reason to have kept the money.

Thank you very much for your advice and guidance.

Hi again.

How much were you paying them each week/month? Have you stopped paying them?

This may be a good reason to send Moorcrap the SAR (let me know if you need a link)

As Ren pointed out, Moorcroft are pussy cats and hardly ever litigate.

Thanks agian.

Yes I have stopped their payments,

Its £1/month.

What is the point of sending SAR if they already have admitted they don't have any CCA

or even they never sent me a Notice of Assignment, I have requested for it.

They are clearly in breach of OFT guidelines.

Is it worth to spend £10 on SAR?

Thanks agian.Yes I have stopped their payments, Its £1/month. What is the point of sending SAR if they already have admitted they don't have any CCA or even they never sent me a Notice of Assignment, I have requested for it. They are clearly in breach of OFT guidelines. Is it worth to spend £10 on SAR?

No, not really.

I'll have a look for a letter for you.

You can adapt this

Written by Scarlet Pimpernel ***

A letter when solicitors are threatening with legal action whilst a company are in default of your request for your agreement.

Dear Sirs

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on debt collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

Yours faithfully

Thanks Havin but they are not threatening rather they offer 50% discount on remaining balance

but I liked the Ren's comment where I can use lack of evidence on Moorcroft's part to negotiate a deal for F&F

and closing this account.

If I need I will use above template.

If they are offering a discount, I wouldn't pay them anything. Are there any charges to reclaim/PPI?

Yes there could be PPI but if they dont have any docs then how can I check this?

you've been cash cowed, pure and simple

you need an official record [by way of statements] from them

containing the payments from the start.

when you know this info

you then write them a letter

demanding the money back

and add 8% stat int.

it 'could' be deemed as a gift.

but if the original creditor has no record of your payments coming off THEIR balance [Moorcroft don't often buy debts, so they cant be the owner]

that will strengthen your position.

seems like you got spoofed on several debts by failing for their powerless threat-o-grams

dx

you need to SAR moorcrap

and

your need to SAR the original creditor.

that way you'll findout about the PPI too.

the PPI claim will go against the OC not the DCA

dx

Thanks Dx.

if this or any of your debts DO NOT SHOW

on your CRAfile

then you seriously need to do some investigating as to WHY.

offering an F&F on any debt that's not showing

is, in many cases pointless

as it wont improve your credit rating as it does not show anyhow.

who was the original creditor on this debt?

dx

Thanks Dx.

He knows his info.. Very helpful in what I have been reading!

Thank you very much for all of your help and advise here. It really worked and Moorcroft simply sent me a letter stating they have closed this file now and will not take any further action of this debt.