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  1. Motonovo finance, I have heard nothing for over 3 years then I get that letter out the blue, on that letter it just says if I need any more info just give them a ring haha, hmm ok. I do not answer any phone calls that I do not recognise the number. Sorry to sound stupid but what does CCA compliant involve/mean? Thanks for the swift reply
  2. Hi guys, please bare with me as I am new to the forum, I have read numerous posts about these Idiots, I do apologise if I am posting this in the wrong place...anyway here goes... On 8th June 2013 I received a letter from BCW group/Red Castle Recoveries/ Gothia. Letter stating "We have written to you previously in regards to your outstanding loan with Motonovo finance, which despite numerous attempts to resolve with you the above balance remains unpaid." They then go on to tell me how lucky I am and that this is a great window of opportunity for me to write off the balance with any realistic offer. It was car finance I took out on 24th March 2009, the car I bought was falling apart from day 1, Car was on road for approx 3 months then was left in garage where purchased as I refused to pay a £1000 to have vehicle repaired. (long story) I had the Financial Ombudsman involved in a case of which I can't remember the exact details, and the car was taken back by finance company on 16/6/2010 , I can't remember any more details from back then unfortunately apart from I had received some calls off Gothia and I told them all I could afford to pay and i'm pretty sure they closed the account, I made a payment of £660 on 8th July 2010. After I received this letter 8/6/2013 I looked online for help and found this letter... Dear Sir or Madam: ACCOUNT NUMBER: XXXXXXXXX YOUR REF: XXXXXXXXX I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY Despite my previous correspondence, a copy of which is enclosed for your reference, you continue to bombard me with unwanted phone-calls and letters in regard to this alleged debt. Therefore, you leave me with no alternative than to request that you send me a true copy of this credit agreement before I will correspond further on this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. I 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. Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. For the sake of clarity, may I also draw your attention to the following: Consumer Credit Act 1974 s.175 Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith. 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. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : 1. True copy of original signed executed credit agreement 2. FULL Statement of account 3. Copy of the executed deed of assignment from CIT and Red Castle Recoveries. 4. A fair processing notice. 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. Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment, and will be reported to the relevant authorities. I look forward to hearing from you within the statutory time limit. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully In reply to my letter I have received a small note saying thanks for your letter of which the contents have been duly noted (yet they have tried contacting me through another number and company RESOLUTION, ringing off a local number) , a photocopy of what looks to be the original agreement with original creditor and a copy of the statement from original creditor, 5 days later I received a copy of the statement from original creditor, I have NOT received a deed of assignment or a fair processing notice (not sure what this is). Is there anyway to find out if they actually own this debt? What steps should I take next? This is all in my grandmothers name and she is getting very worried about it, Any help would be greatly appreciated, thanks in advance guys, hope to hear from someone soon
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