Same Debt/different Company

[domyheadin]

Can somebody pls help me I am having trouble with yet another debt collection agency after 1 has already defaulted on a C.C.A. request and another 1 has resigned the fact they havent a legal leg to stand on ...see

thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/116974-failed-c-c-now.html

About 2 months ago I received a phone call of somebody claiming to be from a goverment funded organisation aiming at reduecing debt across the nation:eek: they said I could qualify for a discount of 50% on my debt of £14675.71 .... I put the phone down of them. then I received a letter of Moorcroft stating as I have been ignoring there attemps to resolve the debt (letters and the phone call) they would be handing the matter over ...

today I received a letter of HOME COLLECTION SERVICES ... stating

GOOD NEWS you could be free of this debt if you telephone us and agree to one of the following options 1 INTEREST FREE PAYMENT PLAN , or 2

A SUBSTANTIAL DISCOUNT

 

Then it go on to say that MOORCROFT has informed us that you have been ignoring their letters . Please do not ignore this letter.

The thing is this have been going on for a year now, it was last march when debt managers ltd first contacted me about this debt. I sent of a letter asking for a C.C.A which they failed to comply with , then Moorcroft took over and informed me there was no C.C.A. and what more they dont need one :o lol what a joke, now I have to deal with Home Collection .What do I do now ?? the letter is not threating , just asking me

to get in contact.

 

Is there a standard letter I can send stating that Debt Mangers Ltd have failed with a C.C.A request so the account is now defunct or do I have to send of a C.C.A. request to H.C.S. can somebody help as to what I do now. I know I have them on the ropes, it just annoying that this seems to be doing the rounds with the D.C.A.

[rory32]

Send the following via recorded delivery or at the very least get proof of posting.

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 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

[Curlyben]

File under ignore for now and see if they write to you again.

Then we'll give them the good news

[rory32]

You may also wish to add that Moorcroft have admitted that their is no copy of the CCA and as such the account will continue to be unenforceable even in a court of law under s127 of the Act.

[Curlyben]

I see Rory and I posted at the same time.

The letter he's posted, from The Library, is a great one for explaining they don't have a leg to stand on.

Either way they are stuffed, they just don't realise how much, yet

[The GodMother]

you may also want to send a photocopy of the letter Moorcroft snet yousaying no CCA.

[domyheadin]

Thank you all you have been most helpfull I will write of to them stating Debt Managers Ltd are in default of my original C.C.A. request.

This whole saga makes me chuckle and surprised that a d.c.a. will actually try to intimidate a Goverment official :o but I suspose they will go to any lenghts to try and trap people