Bye Bye Intrum Hello Moorcroft

[spotnot]

Am dealing with my mate's debts cos he really isn't up to doing it himself at the moment.

 

Natwest CC passed to Intrum Justitia - CCa'd, got letter back with my cheque enclosed stating that they did not have the agreement and have referred it back to their client.

 

On the same day I received a threatogram from Moorcroft for the same debt. Usual pre court notification blah blah blah.......

 

So what shall I do now? Shall I send off a CCA request to Moorcroft. As this account is now in dispute (non compliance of CCA) do I write to Natwest complaining that they are not following OFT guidelines?

 

Any suggestions gratefully received.

 

Spot

[gymfreak1978]

I sent Moorcroft a CCA request last friday, even thou it was signed for at there offfice they still say they havent recieved it LOL

[ScarletPimpernel]

You've sent a CCA; when Intrum received it they were obliged, under s.175 of the CCA 1974, to pass it to the OC. It therefore remains outstanding, and if 12 working days have passed since they signed for it, they are in default - criminal default if a further 30 calendar days have passed.

 

Returning the fee makes no difference - £1 is the statutory fee, but they don't have to charge anything.

 

Just write to Moorcroft expressing surprise that they have contacted you, since their client is in default of a s.77/78 request.

[spotnot]

Many thanks. Will do!

 

Spot

[42man]

Send them this (amend to suit)

 

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

[spotnot]

Wonderful letter, will send this tomorrow.

 

Many thanks for your help 42man and SP

 

Spotnot

[spotnot]

Got next threatogram from Moorcroft detailing just how much it will cost to go to court.

 

At the bottom it states " we have confirmed with a major public utility company that you live at the above address"

 

Hmmmm.......well considering this letter has been sent to my address but with my mates name on it, how can they confirm anything????

 

Silly, stupid people!!

[mr.ton]

How much it would cost them to go to court more like...which would not be worth their time, given that they'd only get back the going rate of £1 per month

[spotnot]

Exactly!!