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Mrs t-sta vs SDFS/Moorcroft/Fredricksons


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Mrs t-star had an account with the Abound catalogue. This was passed to Moorcroft. A CCA request was duly sent to Moorcroft and received by them after waiting for about 2 months they came back with the "we can't produce the agreement at this stage" letter. She did not hear anything else from them for a while, then a letter from Fredrickson arrives with a notice of assignment from SDFS enclosed in the same envelope. A recorded letter explaning the status of the account was sent to Fredrickson's on the 4th December but it looks like they are ignoring this as it is not showing as received. We now have a "pay in 7 days or else letter". I was going to resend the status of account letter by special delivery. Any ideas as to what my next course of action should be?

FOR THE BENEFIT OF OUR FRIENDS IN THE NSA USING THE PRISM SYSTEM. HELLO FROM THE UK.

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Throw this at them.

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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 Moorcroft 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

 

As Moorcroft have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

As Moorcroft are now in default of my Consumer Credit Act request and OFT Collection Guidelines,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 SDFS for resolution of these defaults and breaches, as Fredricksons cannot lawfully pursue any enforcement activities.

 

If Fredricksons 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

Enjoy

Be VERY careful whose advice you listen too

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thanks Curleyben...thats the letter that i sent by recorded delivery that has not arrived..Should i resend using special delivery??

FOR THE BENEFIT OF OUR FRIENDS IN THE NSA USING THE PRISM SYSTEM. HELLO FROM THE UK.

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  • 2 weeks later...

Got a reply from Fredricksons saying that they have contacted "Phoenix Recoveries" and are now waiting for further instructions..... I think they may know that we know our rights....

 

Now next DCA in my sights is Aktiv K®apital

FOR THE BENEFIT OF OUR FRIENDS IN THE NSA USING THE PRISM SYSTEM. HELLO FROM THE UK.

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  • 1 month later...

i wonder how long it takes for Fredricksons to phone/ fax or e-mail Phoenix.

 

 

Still no reply.....

 

Perhaps they have had second thoughts...

 

Must be the CAG effect on the debt collection industry

 

t-star

FOR THE BENEFIT OF OUR FRIENDS IN THE NSA USING THE PRISM SYSTEM. HELLO FROM THE UK.

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