Moorcrofts answer 2 CCA

[barrelly]

Hi guys,

Sent Moorcroft a CCA letter, which they received 11th Feb, and this morning I received this letter from them.

 

DATE 16/02/2009

NOTICE OF INTENDED LITIGATION

SEND FULL AMOUNT BY 23RD FEB. OR ELSE

 

What letter do I send them just now, in answer to above LITIGATION letter I received.

I have at the moment got the above letter, the recorded mail and eletronic proof of delivery photocopied to be sent to them, but not sure what reponce letter I should send with it.

 

would be gratefull for any help.

 

Cheers

[clemma]

Nothing.....once the 12+2 days have passed then you can respond with the "in dispute" letter. They know there obligations. Just file the letter from them.

[barrelly]

thanx 4 responce Clemma, a thot there was mayb a letter I had 2 send just now, coz they had sent the LITIGATION LETTER.

Will hang off till the 27th Feb, b4 sending the 2nd CCA letter. and hope they don't come back with anything

 

Cheers

[clemma]

The letters probably crossed in the post. Don't worry about any further letters you may receive. Until they produce a valid CCA, they can not take further action (especially after the 12+2 days).

[The GodMother]

Please remember that it is 12 WORKING days which are classed as Mondays to fridays with the exception of bank holidays that are for the whole country not just them.

 

Also this is a standard response to moorcroft getting a CCA request.

[barrelly]

Thanks Godmother, for your reply on the 12 plus 2 working days. Hubby has worked it out that I have to send the 2nd letters 27/28 Feb, will have to fine a copy of it though, so I can have them ready to be posted.

 

Cheers

 

PS. I do have another thread that I have posted on today NEWBIE NEEDS HELP. Could you have a look at it for me, as I do need advise on that aswell. Thanx

 

IS THERE A WAY I CAN LINK THEM ALTOGETHER

[The GodMother]

YW.

 

the link to the other thread for u Newbie in trouble needs advice. and yes i will look in on it.

[barrelly]

Thankyou Godmother

[davey77]

Hi guys,

Sent Moorcroft a CCA letter, which they received 11th Feb, and this morning I received this letter from them.

 

DATE 16/02/2009

NOTICE OF INTENDED LITIGATION

SEND FULL AMOUNT BY 23RD FEB. OR ELSE

 

What letter do I send them just now, in answer to above LITIGATION letter I received.

I have at the moment got the above letter, the recorded mail and eletronic proof of delivery photocopied to be sent to them, but not sure what reponce letter I should send with it.

 

would be gratefull for any help.

 

Cheers

 

Yeeeep.. had one, been there, got the T-shirt. Guess what.. no Court action ever materialised.

 

http://i157.photobucket.com/albums/t42/davey77_2007/08.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/Moorcroft2.jpg

[lickthewallfatboy]

bet it was from their "pre litigation department"

 

what a joke

[davey77]

bet it was from their "pre litigation department"

 

what a joke

 

I replied to one of their letters once addressing it the "Pre-school Division". Still got there

[GamekeeperToPoacher]

Hi guys,

Sent Moorcroft a CCA letter, which they received 11th Feb, and this morning I received this letter from them.

 

DATE 16/02/2009

NOTICE OF INTENDED LITIGATION

SEND FULL AMOUNT BY 23RD FEB. OR ELSE

 

What letter do I send them just now, in answer to above LITIGATION letter I received.

I have at the moment got the above letter, the recorded mail and eletronic proof of delivery photocopied to be sent to them, but not sure what reponce letter I should send with it.

 

would be gratefull for any help.

 

Cheers

 

This type of letter really confuses me.

I remember receiving one when God was a lad as it was from Midland Bank and also said effectively "Give us the money or you know what we will do!"

 

Is this not demanding money with menaces?

 

I am sure it would be if I popped into the local post office, while it is still open, and said give me the money or else!!

 

Just my 2 pennorth

 

GK

 

BTW If anyone would care to comment on my Fortis Lease Confusion thread I would be eternally grateful

[barrelly]

ok guys you all have a good laugh, I was really worried you know

 

That was last week. But then I found all you GOOD GUYS, and I can laugh now to. I think everybody knows that other people have debts to but never did I think it was as bad as it really is.

 

Thanks guys for the help so far, I am sure I will be posting real soon regarding the anwsers I get from the DCA's

 

Cheers

[barrelly]

Hi guys,

 

Got an anwser today from Moorcroft today in anwser to my CCA, this is what they have written.

 

I refer to your recent correspondence. We are continuing to seek to obtain a copy of the CCA that you have requested. Our systems provide for reveiws to be sent to our client on a regular basis and this we are continuing do. I will contact you again just as soon as the agreement has been made available to ourselves and confirm that at this stage the account has been placed on hold and we will not seek to enforce the debt until such time as the agreement is obtained.

 

In the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure that and potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidance to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.

 

Please could you provide this information by return. We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

 

I thank you for your assistance and patience in this regard.

 

So boys and girls what do I write in responce to this letter. PLEASE

 

Cheers and Thanx

[clemma]

In other words "we do not think there is a valid CCA so please, if you are going to take us to court for anything, let us know first......."

 

No response necessary. Wait until the 12+2 days are up then you can send the dispute letter to them

[davey77]

You are not obliged to provide them with any pre Court information. In fact, you cannot effectively give your Legal Position, and therefore give information as to any Particulars of Claim, without first reviewing the documentation they would rely on in Court anyway (the 'agreement'.)

 

They are just trying to get an idea of where your battle plan will come from and what areas of the Law you will (could) be relying on so they can have foreknowledge of how to respond.

 

It's a template letter and similar to what i have received in the past:

 

http://i157.photobucket.com/albums/t42/davey77_2007/PreviewofDSCF7425JPG.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/MoorcroftNov42008.jpg

[SkemDosser]

barrelly: Hi guys,

Sent Moorcroft a CCA letter, which they received 11th Feb, and this morning I received this letter from them.

 

DATE 16/02/2009

NOTICE OF INTENDED LITIGATION

SEND FULL AMOUNT BY 23RD FEB. OR ELSE

 

What letter do I send them just now, in answer to above LITIGATION letter I received.

I have at the moment got the above letter, the recorded mail and eletronic proof of delivery photocopied to be sent to them, but not sure what reponce letter I should send with it.

 

would be gratefull for any help.

 

Cheers

 

SD: LOL looks like it's that time of year again in Stockport for teaching work experience kids how to press a button on the computer. I just got another one of these. If the account is dispute send them a simple letter to that effect and they'll move on to easier prey [until this time next year again lol] If you can't be bothered just ignore it, it's template rubbish. I use better quality toilet paper

[davey77]

Technically, if i read right, it's not in dispute until the 27th feb (12 + 2 passed) but that's only a couple of days to be sure.

[barrelly]

Thanx for that Davey,

 

what do you suggest I do or what should I write in return to them.

 

Looking at the other threads I do know that you wouldn't have sent them your driver's liecene nor a bill. Did you ask for a SAR's at this point.

 

Cheers

[loobyloo35]

Well I had a letter just the same as that, then they told me they didnt hold a valid CCA and have now closed the account and returned it to the original provider tumm teee tummm....

[SkemDosser]

barrelly: Hi guys,

 

Got an anwser today from Moorcroft today in anwser to my CCA, this is what they have written.

 

extract:

.....Please could you provide this information by return. We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

 

SD: Hi should have read ahead before my last post lol. Do not conform to this request; there is absolutely NO obligation on your part to supply them with any such information. It's basically a fishing trip to see what they can get out of the 'ignorant' for want of a better discription.

 

From the sounds of things they know they haven't got a legal leg to stand on with regard to the CCA and now sense that you know what you're doing as well, so are stepping back.

 

I'm going through a similar thing with Moorcroft regarding an ancient RBS Advanta card. You get loads of bluster, then I'm sure in the end....nothing.

 

As you've informed them the account is in dispute and it looks VERY VERY likely they don't have a valid enforceable agreement, I'd just sit back and get on with life. If however you're feeling bullish send them a shut up or see you in court letter. I'm sure you won't hear a peep from them for a loooong time after that lol

[clemma]

Thanx for that Davey,

 

what do you suggest I do or what should I write in return to them.

 

Looking at the other threads I do know that you wouldn't have sent them your driver's liecene nor a bill. Did you ask for a SAR's at this point.

 

Cheers

 

As I said, do nothing. You do not have to reply to this letter. The clock is ticking for them to supply a copy of your original CCA. When there time is up you can send off the dispute letter (I am reckoning 3rd March). I will post a copy of it here now:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

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 is now in default as of **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,

[barrelly]

Hi Clemma, thanx for you comment, this debt was for a credit card with HBOS and the account would have been opened appox 02/03, what are the chances of them finding the agreement

 

Cheers and Thanx

[davey77]

Who is the OC?

 

This has just been assigned to Moorcroft and not sold outright hence they are requesting the CCA from the OC?

 

As a rule of thumb a S.A.R goes to the OC and the CCA goes to the DCA.

[clemma]

After that letter they sent you.......not very likely. I am going to guess you will get either a set of new terms and conditions (unenforceable) or a copy of your application form (which are usually unenforceable). They, of course, may send you absolutely nothing