Is this good or bad news from Moorcroft??

[maud26]

Hi all

After sending a CCA request to Next Directory via Moorcroft DCA i have recieved this letter along with my £1 postal order. I am now recieving requests for payment for the same account from other DCA's, as this debt is not enforceable do i need to do anything more?

Many thanks

[ScarletPimpernel]

The attachment is too small to read!

[The GodMother]

TBH the attachment is small but from what i could see it is the standard letter they send out when they recieve this letter. My OH recieved it.

[maud26]

Whoops apologies for that - just trying to save in diff format.

x

moorcroft.zip

[Pinky69]

Who cares about Moorcroft?? - it's great news for you! Don't reply to Moorcroft and of course don't acknowledge receipt of anything. There's a Curlyben letter around the forum that you can send to any other DCAs trying to pursue payment on the same account - you can adjust to suit.

[maud26]

HI Pinky

Thank you - i am pleased initially but now expect to be hounded by every other dca in the land on the off chance that i may pay up! Any ideas on where to find that letter or is it the account in dispute letter?

Huge thanks

[The GodMother]

cant open the letter but if it is the one i am thinking then it asks about what documents u will rely on in court

[maud26]

HI Godmother

Sorry here is the letter:

 

Dear Mr XXXXXX

 

Ref:

 

I write to confirm that our client the next directory has been unable to supply a signed credit agreement for you. We have therefore returned the payment you have made.

We accept that under the Section 127 (3) of the consumder credit act 1974 this debt in therfore unenforceable via a court order. We must inform however that the account still remains outstanding.

It is our understanding that the goods which have been charged to your account have been ordered and delivered to you. We can confirm therfore that a default remains in relation to this account and would remind you that making payment to clear the balance may assist in realtion to your credit history.

 

Please confirm that you accept that goods were ordered and recieved and let us have your settlement proposals.

 

Yours Sincerly

 

 

 

Do you think i need to reply?

Thanks

[NailPost]

No, you don't have to reply but you could ask them to rearrange the words - leg, don't, have, stand, to, on - into a sentence. If they succeed suggest they take the hint.

 

Whatever you do keep the letter you ahve received and if any other debt collector tries their luck a short note telling the matter is in dispute and a complaint is being considered will see them off.

 

If you do start getting letters write to the original creditor and tell them you are making a complaint against them and ask them for their complaints procedure.

[The GodMother]

there is 3 ways to answer that. Thank them for the letter and advise you expect the account to be closed within 7 days and returned to next.

 

thank them for the letter and confirm nothing

 

ignore them and file the letter.

[maud26]

Thanks Nailpost and Godmother (apologies once again for my scanning/posting handicap) lol! I will put this in my to do pile

I really appreciate your help

xxx

[Pinky69]

It is the "account in dispute" letter. You may get other DCAs chasing you but in my experience the debt just eventually disappears. When I am writing to a new DCA I send it straight to their complaints department and tell them that I am taking legal action against the previous DCA(s) and as they are now the current holders of the account in dispute, all charges, costs and compensation will accrue to them - twice I have had replies apololgising profusely saying that they bought the account in good faith and were now closing the account! The rest just disappeared.

[The GodMother]

sounds like a good letter pinky. I like that.

[maud26]

Fab - thanks Pinky i will surely remember that for the future

[alfwithhair]

just subbin

[KER]

subbing!

[berrylover]

Me subbing too.

[ODC]

Dear Morecrap

 

Thank you for your letter dated xxxxxx

 

The contents are noted

 

yours etc

[PGH7447]

Mrs K Dyde is a busy woman typing all these we cant collect letters , I bet she doesnt meet her bonus targets

[ODC]

Unfortunately for every one who challenges the DCAs and their fairy stories there are prbably another 99 who fall for their lies and CON tricks

[pt2537]

There is nothing they can do since there is no agreement in writing

 

you only need to look at practitioners manuals such as Blackstones Civil Practice or Goode Consumer Credit Law and Practice to see that

 

they are merely trying to make it look like they still have a claim by asking you to make an offer of repayment for the goods

 

this may help

 

[babybear39]

Here's the Bemused letter courstey of CB if another DCA tries thier luck:

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

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 ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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 ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***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.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully,

 

Amend to suit changing the bits about waiting and not supply the CCA to the fact that moorcrap have written telling you there IS NO agreement, do not sign, send recorded and keep copies of you letters with your postal receipts.

 

Report any other DCA who tries to collect and the OC to Trading Standards and the OFT for breaches of OFT guidlines, the UCPD and the CPUTR 2008.

[The GodMother]

just a question but what does the without leave bit mean?

[pt2537]

Leave = Permission of the court

[The GodMother]

kk stupid me i should have known that