What are moorcroft playing at?

[shirei12]

Hi All, I would appreciate any comments or advise please. Firstly I cca'd Moorcroft about a dept they were chasing on 30th. Aug this year. They replied confirming that their client had been unable to supply a signed credit agreement on the 10th. Sept. and they accepted that the debt was therefore unenforceable via a court.Then today I received a letter from their home collections div. asking for payments by instalments. Can they do this?? :eek:

[ODC]

The Debt still exist but is unenforcable. They can still ask for payment but all you have to do is say NO. Quite how you say NO is up to you.

[shirei12]

Thanks ODC, any suggestions for wording of letter to them, or would there be a template for this.

[ScarletPimpernel]

Perhaps a spiritual approach:

 

 

"Moorcroft - Feck off!"

[shirei12]

Perhaps a spiritual approach:

 

 

"Moorcroft - Feck off!"

 

Shame on you ScarletPimpernel, VERY TEMPTING though.

[rowbo1071again]

ODC and Scarlet Pimpernel you are soooooooooooo funny! Honestly it lights up my day to come on CAG and see so much humour in the face of adversity, carry on chaps(&chapesses!)

[shirei12]

OK seriously now,has anyone any suggestions what i should say in a letter.Or maybe I should ignore them? I didnt think they could ask for payments without a cca.

[ScarletPimpernel]

You could try something along these lines:

 

 

Dear Curs

 

I refer to your letter of (date), in which you confirmed that you were unable to comply with my request for a copy of the executed agreement relating to this alleged debt, and admitted that it was therefore unenforceable at law.

 

However, I have now received another letter from you dated (date) in which you ask for payment again.

 

For the avoidance of doubt, no payment will be forthcoming in respect of this alleged debt. Take notice that any further collection activity will be viewed as harassment and action taken accordingly. Further, unless you can provide evidence of my explicit consent to the processing of my data by Moorcroft, I require you to confirm that you have deleted all my personal data from your systems. Failure to comply will result in a formal complaint to the Information Commissioner.

 

Yours etc.

[Hopeful1]

OK seriously now,has anyone any suggestions what i should say in a letter.Or maybe I should ignore them? I didnt think they could ask for payments without a cca.

 

 

Hi Shirei12. They shouldn't be chasing the debt but they do, simply because they're hoping you will buckle under their threats. Letters like ScarletPimpernel's will make clear this isn't going to be the case!!

[ODC]

Moorcrap dont do Serious

[shirei12]

Thankyou for your suggestions and i will definately get the letter that ScarletPimpernel posted here in the post and let you know their response.

[Curlyben]

I wouldn't bother responding to this letter as it just a nastygram that their computer system churns out.

You have all the evidence you need, keep the no CCA letter VERY safe.

 

If you want to write a letter then address it to Trading Standards and report Morecrap for making demands on an unsubstantiated debt.

[shirei12]

I thought I had put this to rest,not heard anything since 10th Sept 2007 when Moorcroft confirmed that their client had been unable to supply signed CCA.

Today I have received letter from Fredrickson International who were instructed by Phoenix Recoveries to collect.

I still have the letter from Moorcroft saying CCA unavailable. Any suggestions of route to take with this one?

[Curlyben]

Time for my now famous bemused letter, just edit as needed:

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

*- Delete as needed

Enjoy

[shirei12]

Thankyou so much CB,you are always around when I need you:) and your help is much appreciated.