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    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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studio cards / moorcroft


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i hate these people.

 

letter from moorcroft regading studio account.

studio have no CCA and defaulted on 6/sept/07 and another 31 days up 7/oct/07 commiting criminal offence.

 

studio passed it tothe debt collection agency who sent me a letter dated 27/oct/07 of a default notice which they should not have as they defaulted/commited crim/offence on my request. then they sent it to moorcroft who now say

 

dear xxxxxxx

 

we have been instructed by studio to collect your debt of £889.00

it is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issue. this letter fulfis this requirenment even if not read by you.

 

to prevent lega action from being taken it is essential that you settle this debt without delay. payment should be made in full within 7 days. failure to do so by the 11/12/07 may result in legal proceedings being issued against you.

 

blah, blah, blah, cant be bothered to wrte the rest, thats how fed up i am of them as ive got them after me for an additions account.:(

 

think ill just send them the account in dispute letter.

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Throw this at them

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

  • Haha 1

Be VERY careful whose advice you listen too

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  • 6 months later...

well, here's an update on stupid studio.

 

10/nov/07

 

balance £889.00

 

dear xxxx

you have faied to pay studio as required

details of your account arte being passed toMOORCROFT DEBT RECOVERY LTD. who will call at your home to collect the debt.

 

all the legal costs of a court summons will be added to what you already owe.

 

a record of your default will be maintained for 6 years. this may affect your ability to obtain credit in the future.

 

only an immediate realistic paymentoffer can stop this action if agreed by telephoning 0870 2411063 NOW.

 

you can also telephone us to make payment by card.

this is a FINAL DEMAND and it is not my intention to write to you again.

 

yours sincerely debt coll and security.

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

MOORCROFT DEBT RECOVERY LIMITED

CLIENT - STUDIO CARDS

BALANCE £889.00

dear xxxxx

 

we have been instructed by studio to collect your overdue debt.

 

it is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. this letter fulfils this requirment even if its not read by you.

 

to prevent legal action being taken it is essential that you settle this debt without delay. payment should be made in full within 7 days or contact made with this office by telephone on 0161 475 2848 or by letter, with your payment of offer. failure to do so by 10.00 on 11/12/07 may result in legal proceedings being issued against you without further notice.

 

we would draw to your attention that if judgement is made and an order for repayment in full is obtained and remains unpaid, enforcement of debt may be sought by one or more of the following.

1 warrant of execution by bailiffs against goods owned

2 application for attatchment of earnings order with your present employer

3application for a charging order on any property you may own or purchasing under a mortgage

4 application for you to attend court for questioning

 

we would emphasise that should judgement be entered against you this may affect any future credit application you may make elsewhere. we would also draw to youir attention that all legal costs incurred are usually payable by the debtor.

 

all payments to be made to MOORCROFT DEBT RECOVERY LIMITED

 

PLEASE NOTE THAT AS WE HAD TO RESORT IN SENDING THIS LETTER AS PER THE TERMS AND CONDITIONSS OF YOUR AGREEMENT WITH OUR CLIENT WE HAVE ADDED A £20.00 ADMINISTRATION FEE TO THE ABOVE BALANCE.

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

MOORCROFT DEBT RECOVERY AGAIN

 

15/12/07

BALANCE 909.00

CLIENTS - STUDIO CARDS

 

DEAR XXXXX

 

NOTICE OF INTENDED LITIGATION

 

TO PREVENT THE ABOVE ACTION SEND PAYMENT IN FULL BEFORE 22/12/07 OR TELEPHONE 0161 475 2848 IMMEDIATLY.

 

IF YOU DO NOT RESPOND TO THIS LETTER WE WILL ASSUME YOU ARE PUPOSLY AVOPIDING REPAYMENT ON THIS DEBT AND WILL TAKE THE NECESSARY STEPS TO SECURE SETTLEMENT WHICH MAY INCLUDE ISSUING LEGAL PROCEEDINGS AGAINSYT YOU. PLEASE NOTE YOUR DEBT COULD INCREASE AS FOLLOWS,

 

CURRENT BALANCE £909.00

SOLICITORS COSTS FOR ISSUEOF CLAIM FORM £70.00

COURT FEES FOR ISSUE OF CLAIM FORM £70.00

SOLICITORS COSTS FOR ENTERING JUDGEMENT £25.00

TOTAL DEBT IF JUDGEMENT OBTAINED £1074.00

CONTACT US NOW.

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

THEN THIS POPPED THROUGH DOOR FROM A LEWIS DEBT RECOVERY

 

FINAL DEMAND IMPORTANT

3/5/08

BALANCE £909.00

CREDITOR STUDIO CARDS

 

LEWIS DEBT REC IS A SPECIALIST DEBT COLLECTION ORGANISATION. WE HAVE BEEN INSTRUYCTED BY OUR CLIENT TO COLLECT THIS DEBT ON THEIR BEHALF BECAUSE YOU HAVE FAILED TO COOPERATE WITH PREVIOUS EFFORTS TO RESOLVE THIS MATTER

 

TO STOP FURTHER ACTION YOU MUST

PAY THE DEBT IN FULL TO LEWIS DEBT RECOVERY, LAWRENCE HOUSE, RIVERSIDE DRIVE

 

 

OR

 

CONTACT YOUR ACCOUNT MANAGER ON 0870751 3200 TO DISCUSS YOUR OPTIONS AVAILABLE TO YOU.

 

PAYMENT IS DUE NO L;ATER THAN 10/5/08

FAIULURE TO PAY MAY RESULT IN THE FOLLOWING RECOVERY ACTION

1 A SOLICITORBEING INSTRUCTED TO COMMENCE LEGAL ACTION IN THE COUNTY COURT/SHERRIFF COURT WHICH COULD RESULTIN A JUDGEMENT CCJ OR DECREE BEING ORDERED AGAINST YOU.

2 A DEBT COLLECTOR MAY BE INSTRUCTED TO VISIT YOUR HOME TO PERSONALY COLLECT THE DEBT.

 

AAARRGGHHHHHHHHHHH!!!!!!!!!

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

ANOTHER BUT FROM A HOWARD COHEN A CO SOLICITORS

 

13/JUNE/08

BALANCE £909.00

RE STUDIO CARDS

 

WE WROTE TO YOU LAST WEEK ADVISING YOU THAT LITIGATION PROCEEDINGS WOULD BE TAKEN ASGAINST YOU FOR THE RECOVERY OF THE ABOVE DEBT

 

(NEWS TO ME AS THIS IS THE FIRST LETTER IV'E RECIEVED FROM THEM)

 

WE ADVISED YOU THAT FAILURE TO PAY COULD RESULT IN SEIZURE OF ASSETS, ATTASTCHMENT OF WAGES OR BANKRUPCY. TO DATE WE HAVE RECIEVED NO PAYMENT.

 

HOWEVER EVEN AT THIS LATE STAGE OUR CLIENT WILL ACCEPT THE PRINCIPLE AMOUNT TO BE PAID BY MONTHLY INSTALLMENTS PROVIDING THE ENCLOSED STANDING ORDER IS COMPLETED AND SIGNED AND RETURNED TO HOWARD AND COHAN SOLICITORS BY NOON 23RD JUNE 2008. IF IT IS NOT RETURNED BY THIS DATE, LEGAL ACTION MAY BE TAKEN WITHOUT NOTICE RESULTING IN COSTS BEING ADDED TO YOUR ACCOUNT.

 

 

WELL, THAT'S ALL OF THEM. WONDER WHAT I'M GOING TO GET NEXT?

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If you know that Studio don't have the CCA then try this tried and tested letter to the solicitors.

 

Dear Solicitors

 

I refer to your letter of xxxxxxx, which was received xxxx.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); sent and acknowledged by xxxxxx on xxxxxx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours sincerely,

 

 

Now Studio didn't have my CCA and have sodded off along with all the other catalogues. Curlyben devised this letter and must say it is one of my all time favourites ...... enjoy

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  • 2 months later...

count yourself lucky studio dont seem to understand me telling them to bo off.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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