Just an update. got a letter from westcot as follows: Further to your recent correspondence regarding the above account. Our client has requested you to write to the following address and state in your covering letter that this is a section 77/78 request and enclose a cheque or postal order for £1.00 payable to our client: cca request card services po box 5747 southend on sea ss1 9aj Thank you for your assistant in this matter. Yours faithfully ,,,,,,,,,,,,,, They already got a cca request and send us an application form as you can see from this thread Can any one comment on this please. many thanks

No response to date from Wescot and/or Natwest. Will submit complaints to authorities as soon as practical.

Hi UKtigger. There are further updates on my thread available. See http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186663-moorcroft-response-cca-request-2.html Hope everything is proceeding ok with you. Best regards.

Thanks for the response Andie. Was planning on sending the SAR, to obtain information about the PPI etc on previous accounts and to see what other hidden costs there may have been as, if they do happen to have an enforceable agreement I would put it straight back into dispute over these matters and start reclaiming them. I don't see a reason to pursue the reclaim until they can proove the debt a, exists and b, is enforceable as I feel starting the reclaim is an admission of liability. What are your thoughts on this? Many thanks

I seem to lose info in this rapidly expanding thread too easily. Please could somebody post up a SAR template letter and the compliance address in Ruddington? to send it too. Otherwise I'll be here all week looking for it lol.... Many thanks.

I think I should also add a point 7. A copy of your formal complaints procedure is required by return.

This is the letter I intend to send to Ikano, Does anybody have any comments, ammendments or additions which they feel are necessary. Comments greatly received.... ---- Further to my Account in Dispute letter dated 27.02.2009, a copy of which has been included for your perusal/ease of reference and in response to your subsequent letters dated 01.04.2009 and 02.04.2009 I must bring the following matters to your attention: 1. THIS ACCOUNT IS IN DISPUTE 2. To date you have failed to respond to my request for information under the Consumer Credit Act 1974, Sections 77-79. As a result of your failure to provide the requested information within the prescribed time period the account has entered a state of default. As you are no doubt aware, the Consumer Credit Act 1974 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; Whilst you are in default of my request, the account remains in dispute. The lack of a properly executed credit agreement is a clear dispute and is a total defence in law. Also, as you are no doubt aware, that whilst an account remains in dispute the following applies: (which legislation is this taken from??) * 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. 3. I refer you to my Account in Dispute letter dated 27.02.2009, where I gave Statutory Notice under Section 10 of the Data Protection Act 1998 for you to cease processing my personal data. This letter gave you a maximum of 21 days to write to me either informing me that you had ceased processing my data, or giving a detailed explanation as to your decision to continue processing my data. To date you have not replied to my letter in any way and the 21 days I allowed you have passed. I have electronic proof of delivery that you received my request on 03.03.2009. If you do not comply with my request within 14 days I will have no option but to pursue Court action in order to enforce compliance with my request and make a claim for all damages suffered. I reserve the right to draw the judge's attention to this letter, the Account in Dispute Letter and your subsequent letters dated 01.04.2009 and 02.04.2009 should the opportunity arise. As an additional consequence of your actions, a formal complaint will now be raised with the Information Commissioners Office for this breach. 4. The Office of Fair Trading Debt Collection Guidelines July 2003 (Updated December 2006) clearly state the following. Physical/Psychological Harassment. 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment. I. Disclosing or threatening to disclose debt details to third parties unless legally entitled to do so. Deceptive and/or Unfair Methods. 2.8 Examples of unfair practices are as follows: I. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued. K. not ceasing collection activity whilst investigating a reasonably queried or disputed debt. Your letters dated 01.04.2009 and 02.04.2009 clearly are in breach of the above guidelines and as consequence of your actions, a formal complaint will now be raised with the Office of Fair Trading for these breaches. 5. All further correspondence from your company is to be made in writing only. I am of the view that should you contact me by telephone after receipt of this instruction you will be in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to telephone me, you will also be in breach of the Communications Act (2003) s.127 and I will report you to 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. 6. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. I would appreciate your prompt and due diligence in this matter. I await your written response. Yours faithfully --------- Many thanks.

Bumping for any further comments. Many thanks

Thanks Suzie, Does anybody have any suggestions on a letter before action. Many thanks

bump

Hello dx, thanks for your reply. Still learning though, so any comments or better suggestions are greatly received. Will post up my proposed letter for comments later on. Regards

A brief history: Beginning of Feb, sent a CCA request to Principles, followed at the end of the month by an Account in Dispute Letter to Principles and Ikano. The only sensible correspondence we have received from Ikano has been: a) 1st April We are formally notifying you that the debt on your account has been passed to a debt collection agency. Your balance has been frozen at x and a default has been registered against you for this amount with a Credit Reference Agency. If you have a direct debit instruction it has been cancelled. Any insurance policies that you hold in connection with your account have also been cancelled. You will not receive any further statements from us or reminders for payment. The debt recovery agency that your account has been passed to will be in touch with you shortly. They will discuss the options available to you to repay the outstanding debts that you owe. b) 2nd April This is a notice of default served under section 87(1) of the CCA 1974. You have breached your agreement by failing to make monthly payments. You must pay the full amount that you owe us of (arrears) by 17th April as you are in breach of your agreement. You can pay this amount by credit or debit card by calling us on 0870 ... Alternatively you can. Make your payment online if you use internet banking Pay over the counter at a bank or building society pay by sending a cheque with your account number on the back to ... If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach. If you do not take the actin required by this notice before the date shown then further actio set out below may be taken against you. If we do not receive full payment by the date shown above, you will be required to: pay the full balance immediately return any card to us and your agreement will be terminated After this, we'll pass your account to a debt recovery agency. Specialist debt recovery agency proceedings can include the following they will visit you at home to collect the balance the additional cost of the agency may be added to your balance. If you fail to make the full payment then you should consider this as notice of termination of your agreement that will come into effect on the date shown above. If you are having difficulty blah blah blah. yours sincerely...... ------------------------ I am going to formulate a response which would include: Reference to my account in dispute letter & CCA request. Section 10 Data Protection Notice about them issuing default notice while in dispute and passing to a third party when they have not replied to my CCA request indicating they have no legal right to process my date. No calls letter. No visit letter. request for copy of their complaints procedure for breach of OFT guidelines. Does anybody have any comments about if this response is ok, or have any alternative suggestions Many thanks.

Update: Follow up letter has been drafted and will be posted on Monday, as per the example by Cerberus post 19. (Not as per the my original suggestion see post 18 - Also an example by Cerberus) Many thanks for your help Cerberus. Regards

Update: Follow up letter has been drafted and will be posted on Monday, as per the example by Cerberus. Many thanks for your help Cerberus. Regards

Quick update: Stil not received any response to our request. Should we send them another Account in Dispute letter, or should we send a Subject Access Request instead. Cheers

Updating: Letter received dated 15.04.2009 Please find enclosed a copy of the relevant agreement under the consumer credit act in relation to the above account. I also return your payment of £1 submitted in respect of your request. I can confirm that I have placed your account on hold until 21st April 2009 and request you make immediate contact with our call centre on the above telephone number to discuss a repayment proposal you can afford and maintain. Yours sincerly .......... In addition the following documents were included. 4 page document printed both sides headed Credit Card Agreement Regulated by the consumer credit act 1974. but with our current address on it and includng T&C's etc but no signatures at all, so just believe it to be a copy of the current T&C's (will post up if necessary) A letter headed Product change request (attached) Moorcroft - Change Request picture by shann15 - Photobucket An application form (attached) Moorcroft - Application picture by shann15 - Photobucket The copy of the application is only slightly clearer than the scanned image and has a different account no. written across the top. The original application was for a Classic Cashback Visa and I wonder if the account number changed when the card changed to a Gold Card, or if the product change request letter was something to do with that even though it has no account no. on it, only a ref number (5 digits) and why it has a signature box on it and the other boxes, as though it is purporting to be an agreement when it contains no terms at all (nothing on the back of it). ------- I am intending to send the letter Cerberus drafted on post 8 thread. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/186001-moorcroft-response-cca-request.html in response. Any comments would be greatly appreciated. Best regards.

Updating: Letter received dated 16.03.2009 I write further to your recent correspondence in relation to your request for details under the consumer credit act. Our records confirm that we have received your request but at this stage we are still awaiting the documentation from our (). I can assure you that your account has been placed on hold and that we will not seek to enforce the debt until the agreement has been obtained. I thank you for your assistance and patience in this matter and I will contact you just as soon as the agreement has been available to ourselves but I would ask that you also respond to the request for clarification we made in our recent letter. We believe it would assist both parties as well as any tribunal/statutory body if you advise of any substantive dispute or query and most fundamentally whether you accept that you received the credit in question. I do think this would assist in resolving the position and would also be useful in terms of costs and time saving. Yours sincerly. ... We did not respond to this letter as it was still disputed.

If need be, ring the court to confirm the dates. I doubt Cohens will comply, so you will need to send the holding defence postggj refers to. As postggj said, they will try to get judgement by default so make sure the documents arrive on time. They even sent us a letter telling us they had obtained a default judgement and to pay x even though the court had acknowledged the defence.. muppets... Just waiting for a hearing date.... If interested see my C L Finance threads. Cheers

Evening all, Just been reading around the site a bit (I know that might shock some of you lol...) and apparently some of the DCA's have online chat available on their websites. Just read a thread about meritforce with screenshots of the chat which was quite funny really http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/194594-new-online-chat-meritforce.html Thought it might be a new avenue for fuzzybobble to follow, since they stopped calling you... or anyone else for that matter. Anyway, have fun and please act responsibly Regards Anyway, check it out and have some fun and

Quick update. We have received further correspondence. I will try to post up over the weekend and would appreciate any further comments. Best regards

Good letter, but I would be concerned about showing your hand to early. Why tell them what the agreement should contain when they should know.. might make them do a photoshop bodge together job.... (I trust them not too ...... honest...) We usually send the following to start with: Account In Dispute Dear Sir/Madam. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above alleged account. You have also Failed to provide any of the other documents requested. On [date] I made a formal request for a true signed agreement for the alleged account. 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] The document that you are obliged to send me is a true copy of the alleged executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the alleged creditor and myself as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments. If the alleged 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 the alleged account should have been sent to me detailing all debits and credits to the alleged account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of an alleged 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 alleged agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the other 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 alleged account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the alleged account. * You may not pass the alleged account to a third party. * You may not register any information in respect of the alleged account with any credit reference agency. * You may not issue a default notice related to the alleged 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, [Print do not sign] and send recorded delivery obtaining a receipt as proof of postage and using track and trace to obtain proof of delivery..... Have a think about it and send the letter you think is most appropriate. Best regards

Hi all, We are in two battles with Howard Cohen at the moment but for a different OC. Have filed AQ's on time and now well passed deadline dates and not had any further correspondence from the courts yet. With regards Welcome, battle will commence shortly when I SAR them on all info including previous accounts to see what we can do. Have already CCA'd them and sent account in dispute letters so not making any payments but they don't seem to reply wonder why postggj... are they a bit busy at the moment do you think? ;o) Regards

Hi Dorabell, Interesting thread. Will look to get some info sorted for my dispute and update over the weekend if i get chance. Got a few to deal with and can be quite time consuming. Good luck.

Thank you for the prompt reply Cerberus.

Hi all, Will check my notes and update the thread over the weekend. Got quite a bit to do at the moment so will try to keep everyone updated as I do each one. Best regards.