Moorcroft have missed the CCA Deadline!

[loobyloo35]

I CCA'd Moorcroft, letter dated 16th Jan, recorded delivery and signed for 19th Jan - postal order yet to be cashed at the time of writing.

 

When do I need to wait for the 12+2 days to send them the get stuffed letter and that they have missed the deadline?

 

Thanks

[***inca***]

As you know they received it on the 19th Jan then count that as the first day of the 12.

 

You can send a dispute as of today

Edited February 3, 2009 by ***inca***
Typo.

[Pinky69]

5 February

[loobyloo35]

Cool!

 

Can someone post up the next stage of the letter please so that I can get that off in the post thanks

[cerberusalert]

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

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

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[loobyloo35]

That's great thanks alot for your help, let's see what these muppets have to say now!

[***inca***]

I like putting all the 'you may not' parts of the letter in block caps

 

Good luck!

[***inca***]

Remember not to sign it and send it recorded.

[loobyloo35]

oh dont worry they wont be getting anything but typed text from me! Have learnt that through reading these posts

[cerberusalert]

I like putting all the 'you may not' parts of the letter in block caps

 

Good luck!

 

Blood red bold italics is pleasing to the eye.

[loobyloo35]

great idea! With the added comment of get stuffed at the end LOL! Oh ok maybe not on the first letter!

[***inca***]

Lol....most of my letters would be in red ink if I had a colour cartridge in the printer!

[loobyloo35]

Just sent the letter today recorded, was snowed in last week so couldnt do it - lets see wha they have to say to that!!!

[loobyloo35]

Moorcroft have replied confirming they do not have a copy of the CCA - in fact they have confirmed that the catalogue I defaulted on doesnt have a copy of the CCA either!!!!

 

So my next question is....... Can I get the default removed now that neither party has a valid CCA?

 

AND........ do I need to pay this debt even though I know I owe it?

[cerberusalert]

Technically speaking the debt still exists although it cannot be pursued through the courts. Their are two schools of thought as to whether someone should still pay, one takes the high ground by stating the alleged debtor has a moral obligation to satisfy the account. The other says that the DCA don't actually own the debt because they only paid between 3 & 15% of its value + the original creditor received tax relief when they wrote it off.

 

Some people try to use leverage with DCAs by making an offer of a full and final payment to clear the debt on the proviso that any and all defaults are removed from their credit record. But anyone taking that route must be extremely careful as to how such an offer is worded & a written agreement must be in place before any monies are paid. Others take the legal route by applying to a court to have them removed, and some contact the DCAs & CRAs directly demanding there removal.

 

Whichever route anyone takes it's never easy.

[loobyloo35]

Thanks for the advice, so what is my next step? What shall I do?

 

I am in my mind to contact Kaleidoscope or shall I not bother?

[cerberusalert]

It depends on your circumstances, if your credit record is totally shot anyway you might not want the hassle + it wouldn't make much difference having one default removed. They drop off after 6 years anyway.

 

You could always write to whoever entered the default and point out the fact that in the absence of a CCA they do not have the right to process your data as they do not have your explicit written authority to do so.

[loobyloo35]

Thanks for that. I am trying to sort my credit file out so I will write to them asking for it to be removed as they do not have a valid CCA.

 

Is there a standard letter I can send please? Thanks

[cerberusalert]

There isn't a standard letter that I know of, but try this;

 

Dear Sir,

 

Thankyou for your letter dated ....... in which you confirm that neither you nor your client can comply to my request of a true copy of an agreement under the Consumer Credit Act 1974.

 

Under these circumstances you are unable to show any written authorisation from me giving you or your client permission to process any data relating to me, therefore I now require that you remove any defaults that you have registered with the relevant CRA's and that you cease forthwith any further data processing activities with regard to me.

 

If in the unlikely event you assume that you still have the right to process my data I require that you reply within 14 days giving your reasons and citing which if any legislation entitles you do do so, along with a copy of your complaints procedures.

 

Yours,

[loobyloo35]

Great thanks.

 

I have just completed said letter and will get that sent off today.

 

Will the catalogue company now chase me for the debt or can I get them to remove the default as well by sending the same letter?

[cerberusalert]

Nobody can chase you for the debt, in law it doesn't exist. They can ask nicely but you can just as nicely say 'bog off'.

 

You should only have one default against that debt. Whoever entered it should be sent the letter above.

[loobyloo35]

I have sent the letter to both Moorcroft and Kaleidoscope so at least ONE of them should reply and Moorcroft should confirm that they have not placed a default or at least removed it shouldnt they?

[cerberusalert]

There's no guarantee either will reply or remove the defaults, if they don't the next step would be a complaint to the Information Commissioner https://www.ico.gov.uk/Global/contact_us.aspx

[barclaysinhinckleysuck]

Well done. I've not heard from this lot since November last year after getting to the 2nd letter.

[loobyloo35]

Well I am up for a fight to get the default removed, but will wait to hear back from one of them first. I have sent both letters recorded but they would have only signed for them on Friday just gone so will have to wait impatiently! (**taps fingers**)