Advice on Bankruptcy?

[mack187]

Many thanks for taking a look!

 

Egg Plc have made a strange move on me and I dont know if its because they don't have the CCA to provide, they have had over their 12 days and nothing, until today I receive not the credit agreement but a letter from Moorcroft debt recovery ltd on behalf of egg asking for the entire repayment of £700, Egg know full well I can't afford to pay that as I had an interest free re-payment plan agreed with them. What should I do about this bearing in mind Egg have not provided the CCA??

[The GodMother]

tell moor crap were to go

[mack187]

Thanks..I will

 

So have Egg technically defaulted on the CCA request as they have not provided me with one or does the process start again as they have passed the account on to Moorcroft, should I CCA Moorcroft as well??

[Curlyben]

Throw this at Moorcroft as Egg still need to comply with your CCA.

 

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

[mack187]

Hi

 

I wrote to moorcroft about the CCA request and they sent this back, I don't completely understand it as I don't want to go to court I just want to clarify who if anyone can enforce the debt, are they just trying to put the wind up me?

 

[Docman]

Mac

 

They haven't got the CCA and know they can't do anything but they don't want to be seen as being nasty, hence the request.

 

If you feel like responding, I suggest you say something about you will only be able to deal with any area of dispute after you have seen the CCA.