subscribing

Good luck nas. I will be interested in the outcome as I have received the same letter off next stating no cca, no litigation. I wonder if they will start court procedings in my case too?

thanks for that. I have asked them to remove the £1 from my account and use it to supply the signed credit agreement. Let's see what they come back with now xxx

That's a good point and I did think of that. To be honest though, I cant remember if I wrote my account number on the back of the PO. I don't think I did. Is there any way I could get a copy of the PO?

thanks dave. I have sent them an email stating what you have said - idiots!

thanks everyone - yes, cca request was sent recorded but they say there was no letter in the envelope with the £1 PO so they just used it as payment on my account.

Thanks Dave. As I have already CCA'd them, and now made it more than clear that they are trying it on and the £1 fee was for the cca, is it necessary to cca moorcroft as well?

Hi. I owe next £900 and have been paying it off at £15 per month. Two months ago, after some abusive phone calls from their staff, I sent a request - on 02/04/07 - along with the statutory £1 fee - requesting a copy of my signed credit agreement. On 23/04/07 the £1 was credited to my account and I received a letter the next day stating Moorcroft were now dealing with it. On 21/05 I sent Next an email stating that I had not received a copy of my credit agreement and therefore the account was in dispute. I have received an email back from them today with the biggest load of tosh contained in this email. Basically, they say that they haven't had any letter from me [LIARS!!!] only £1 payment so the debt is still forceable. The interesting thing is, this was at the bottom of the letter: Please note that as part of Next's company policies we monitor incoming and outgoing email to protect the operation of our computer systems. The contents of this email and its attachments ("message") are confidential and may be subject to legal privilege. The contents may not be disclosed, copied or distributed without the consent of Next. It is intended for the use of the addressee(s) only. If you are not the intended recipient you must delete this message immediately and advise the sender that you received it in error. The statements and opinions expressed in this message are those of the author and do not necessarily reflect those of Next. Next does not accept any responsibility for the author's views. Whilst Next takes every effort to ensure this message is virus free it cannot guarantee that this is the case. It is the recipients responsibility to carry out such virus checks as it deems necessary. Next can not accept any responsibility in this regard. Please note that this message has been sent over public networks which may not be a 100% secure communications medium and the sender cannot be held responsible for its integrity. Next Group plc, registered in England 35161. Registered Office Desford Road, Enderby, Leicester, LE19 4AT. So, am I not allowed to share with you what was contained in the letter? As they say they did not receive my request, do I have to send a further£1 along with another request or is the debt unenforceable. In my reply, I have said that as they are now aware of my request, they can take the £1 payment out of my account and use it for the purposes it was intended. Do I continue paying the £15 each month direct to Next or should I now pay Moorcroft?

thanks for that surprise. it was difficult enough making them understand they could not enforce the debt without the cca, so I don't relish the thought of another battle

it has been over 12 months since I asked studio to supply me with a signed credit agreement, and, although they cashed the £1 fee, they have still failed to do so. having just checked my credit file, I notice that there's a default from studio on there. What, if anything should I do about it? For a while, moorcroft were hassling me but that has gone very quiet in the last few weeks

allykat, I think they get away with it by saying an agent "may" call, we "might" start legal proceedings. I just wish they would get on with it and issue court action. Out of interest, could I get the ball rolling with court action?

thanks for that priorityone - I am now going to email the above letter. regards

sorry to be dragging this one up again, but moorcroft just wont go away. Since January, I have had a letter each week, threatening to take me to court and I have ignored them as I have already made my position clear, and in my last letter, I asked them to issue court proceedings. Two weeks ago, I was contacted by midas legal services [moorcroft gave my details to them] stating that I must pay the full amount or court proceedings will follow. The top of the letter was headed: LITIGATION WARNING in big bold letters! Today, I have received yet another letter off moorcroft stating that a coloection agent will call at my home in the next few days to collect full payment, or they will issue court proceedings. The letter wasn't sealed and anyone could have read it, which is totally stressing me out. So what now, do I continue to ignore them? Do I make a complaint to the OFT, and, if I did, would it be taken seriously? Any thoughts or comments would be appreciated. regards

you're right kirsty, if a debt is in dispute, the debt collection agency should hand it back. in your case m&s, in mine, studio, but they don't. i've had 7 letters off them in the last few days

website is Moorcroft Debt Recovery i will have a look to see what address i have, but think it's a po

even if they don't have it szekeres, they will try grinding you down. when i was first in your shoes, it helped to read up on the cca on this site. i'm 12 months in now and 90-95% confident they can't enforce the disputed debt, although there is still that niggly doubt

moorcroft keep threatening to take me to court. today i emailed them saying this is the action i want them to take and will not correspond any further, but i will be defending on account of no cca. hopefully i haven't now shot myself in the foot, but we'll see what happens next - and if their threats are as empty as people seem to think.

moorcroft keep threatening to take me to court. today i emailed them saying this is the action i want them to take and will not correspond any further, but i will be defending on account of no cca. hopefully i haven't now shot myself in the foot, but we'll see what happens next - and if their threats are as empty as people seem to think.

I thought the judges hands were tied if there was no cca, as it says an agreement has to be properly executed - at least I hope that would be the case.

Hi again. Right, this morning I received a notice of imminent litigation from Moorcroft, which basically says they will be issuing court procedings if I do not pay the full amount by 31/01/07. They also state that if I do not contact them immediately, the courts will view this as a deliberate attempt to avoid payment, which may go against me in any court procedings. Moorcroft have already admitted there is no cca, so what are the chances of them actually issuing court procedings? Should I respond to their letter, or just ignore it? regards

I sent the £1 fee and request for signed credit agreement to Studio last year. As they haven't sent it back the disputed debt is unenforceable. I do owe a portion of what they are claiming and was happy to pay it, but they wanted me to pay for a parcel that had gone astray because I never took out parcel insurance. Am I right in thinking a dca cannot enforce a debt that is in dispute?

I have a disputed debt with Studio, which is now being dealt with by Moorcroft. It's now been almost a year since I asked Studio for the signed credit agreement, which has not materialised. Once Moorcroft got involved the other week, I reiterated my desire for the credit agreement and their response beggars belief! Dear xxx xxxxx Further to your recent communication, I write to advise that a copy of the original agreement cannot be requested from Studio due to the fact that the original agreement was sent to you with your first order and you were advised by our client to keep the documentation in a safe place. Should you wish to clarify your position regarding the Consumer Credit Agreement 1974, we suggest you refer to the original agreement, which is in your possession. To avoid further action being taken, please contact our offices immediately to discuss your preferred method of payment. Yours sincerely accounts department. No credit agreement = no payment. How long before I can expect bully boy tactics?

hi the cca is the consumer credit agreement. from what I understand, they have twelve working days to send it you once they have received your request and a £1 fee. If they dont, the debt becomes unenforceable without a court order. IF, after a further 30 days you have not received your signed cca, they have committed an offence. Although the debt is unenforceable - they cant chase you for payment - it still exists, but they would need to go to court to seek permission to chase you for the debt. This is how I believe the whole thing works, but if I have anything wrong someone will come along and give us the correct info.

an interesting read maxibon. moorcroft have now become involved with a disputed studio debt, sending a letter stating full payment in 14 days or court action will follow. I emailed back through their website stating that cca request has not been fulfilled - therefore debt unenforcable. That was 7 days ago and I've heard nothing since. Just hope no one turns up at my home address!

Actually Arachnae your tough stance is probably what I needed to take action rather than sit here worried the bailiffs are going to turn up Christmas eve! I appreciate your response Regards