CCA Request - Moorcroft x 2 debts

[robnfc]

removed

Edited March 21, 2009 by robnfc

[robnfc]

actually might not be a good idea to use that , ive just been reading a bit more - if you do use it dont advertise it in the public domain cause you might be done for defamation.

[andymanx]

actually might not be a good idea to use that , ive just been reading a bit more - if you do use it dont advertise it in the public domain cause you might be done for defamation.

What on earth are you on about?

[robnfc]

lol... sorry it was to do with fraud

[andymanx]

lol... sorry it was to do with fraud

Its okay I was told but I mis-heard and thought you were accusing me of fraud and I was ready to set my posse after ya lol.

[robnfc]

lol.... god no .... just thought it would be useful , but sounds a bit dodgy if any companies found it had been put it on here they would get you for slander.

Edited March 21, 2009 by robnfc

[clemma]

.......the reason most companies fail to disclose information is not because of fraud, but because they don't have the info to supply in the first place.

 

Those companies that refuse to supply then take you to court anyway, get their hands slapped by the Judge and are ordered to supply whatever info has been requested. If no information is forthcoming, then the case will be thrown out/set aside/stayed - whatever......

[robnfc]

oh yeah i understand that , just wondered if anyone had ever tried that approach before - i.e might make them hurry up and actually admit they dont have the info a bit quicker

[clemma]

You can't go around accusing companies/DCA's etc. of fraud WITHOUT proof......the onus would be on YOU to prove that they were behaving dishonestly.

 

Thank you for removing the information you posted about this.

Edited March 21, 2009 by clemma

[robnfc]

it wasnt ment in that way - it was ment in a " i fear you may be in breach of the " type of thing , i wont mention it again.

[clemma]

It's ok - I was just making you aware.......

[andymanx]

S10 letter sent:

 

Date: 21 March 2009

Your Ref No:

By Recorded Delivery

 

Dear Sir/Madam

 

LEGAL NOTICE UNDER THE DATA PROTECTION ACT 1980

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980.

 

I demand that you cease processing of my Data by any means whether written or electronically, with third party, individuals and organisations. In addition to processing, this also means passing, amending, sharing and management in any form of my Data in whatsoever filing, both manually or electronically.

 

In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage. Specifically because;

 

▪ My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files.

 

▪ That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

▪ That matters in relation to adverse data you have entered onto my credit files are currently in dispute.

 

▪ That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services

 

▪ That as a Data Controller/Compliance Officer, you have a responsibility under the Data Protection Act to observe all principles set out therein, within the act.

 

I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so.

 

You have until 6 April 2009 to forward this to me in writing.

 

Under the Data Protection Act, a County Court has the powers to order compliance of any breaches it sees fit, together with compensation, at the discretion of the Court.

 

Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local County Court on notice to force compliance, together with costs and compensation.

 

I look forward to hearing from you within the prescribed timescale.

 

Yours Faithfully

 

 

Default letter sent:

 

Date: 21 March 2009

Your Ref No:

By Recorded Delivery

 

Dear Sir/Madam

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

Thank you for your letter dated 2 March 2009, the contents of which have been noted.

 

Please note my new address, as above.

 

On 27 February 2009, I made a formal request for a true copy of the Credit Agreement for the alleged account under the Consumer Credit Act 1974 Sections 77/78. A copy of my request 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 19 March 2009.

 

The document that you are obliged to send me is a true copy of the executed Credit Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor 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 as proof of ownership of said account.

 

Please note the following:

 

I have made you 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 now expired.

 

Section 77(6), of the Consumer Credit Act 1974 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.”

 

Under the terms of statute law you have failed to comply with a lawful request for a true, signed copy of the said Credit 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 that constitutes unlawful harassment.

 

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.

 

▪ You must remove information logged with any agency which you claim you assert the rights to.

 

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

Edited April 2, 2009 by andymanx

[andymanx]

Well Moorcroft havnt replied to my Default or S10 letters and their time is now up, so where do I go from here? Do I send them another letter or complain to CSA Website or Financial Ombudsman Service and if so, do I complain to them both or if just one of them, which one?

[clemma]

Complain to everyone! Make sure you send something to the Information Commissioner as well. As for another letter, I would not waste the time, effort or even a stamp. They clearly do not respond to anything you send.

 

You have done all you can - it's entirely up to them now.

[andymanx]

No reply from Moorcroft, so I have made a complaint to the Financial Ombudsman Service on 25 April.

Edited May 2, 2009 by andymanx

[andymanx]

OMG!!! You will never guess what Moorcroft have done re: one of the debts - the one for my ALLEDGED Halifax Current Account. They have passed it onto Wescot and are pursuing my Brother for it!!! The s**t's.

 

Here is the the letter that they sent him:

 

 

Here are the letters I am sending them. The first one is from my Brother and the second one is from me:

 

Date: 2 May 2009

Ref:

By: Recorded Delivery

 

Wescot Credit Services Ltd

Kyleshill House

Glencairn Street

Saltcoats

Ayrshire

Scotland

KA21 5JT

 

Dear Sir/Madam

 

DEBT WHICH IS NOT MINE

 

With regard to your letter dated 28 April 2009, I refer you to my Brother’s letter, which is attached.

 

I would advise you to NOT contact me again, as I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, The Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

Yours Faithfully

 

cc: Financial Ombudsman Service

 

 

Date: 2 May 2009

Ref:

By: Recorded Delivery

 

Wescot Credit Services Ltd

Kyleshill House

Glencairn Street

Saltcoats

Ayrshire

Scotland

KA21 5JT

 

Dear Sir/Madam

 

ACCOUNT IN DISPUTE

 

I must admit that I am rather bemused as to why this account for MY alleged debt to Halifax for a Current Account has been passed to you, as it is in DISPUTE with Moorcroft (Ref No: ) and has been since 27 February 2009 and more importantly why you are trying to pursue my BROTHER for it.

 

Not only is this a breach of The Office of Fair Trading collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

As Moorcroft is now in default of my Consumer Credit Act request, the Office of Fair Trading Collection Guidelines and my Section 10 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 Section 127 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 Moorcroft for resolution of these defaults and breaches, as Wescot cannot lawfully pursue any enforcement activities and NOT bother me and my Brother again.

 

If Wescot 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, The Office of Fair Trading, Information Commissioners Office and possible court action.

 

I would also advise you that I made a complaint about Moorcroft on 25 April 2009 to the Financial Ombudsman Service, regarding the disputed account and they are now dealing with my complaint. I will therefore be forwarding them a copy of your letter, my letter and my Brother’s letter, for their perusal and further action.

 

I would appreciate your due diligence in this matter.

Yours Faithfully

 

cc: Financial Ombudsman Service

Edited May 2, 2009 by andymanx

[havinastella]

Pffft, its Westcott.

 

My nan has more power than those c**** and shes been dead for 22 yrs!

 

 

Jogs

[clemma]

:lol:lol: - so eloquently put stella

[havinastella]

Sorry, but sometimes I just get so angry!

 

I should realise that Andy knows the score and is just updating his threads

 

 

x x x

[clemma]

Well your opinion of Wescot is spot on, so no need for any apologies - I chased these shysters with one letter, so I know exactly what they're like

[havinastella]

hows the love affair going?

 

 

JOgs

[clemma]

hows the love affair going?

 

 

JOgs

 

All I can say is :D

 

Now, back to the thread - ahem.

 

Andy, send Wescot packing with a bemused letter (and a copy of the letter from Moorcroft stating they can find no agreement ). This account is in dispute so can not be passed on.

 

I would also think about throwing it further in to dispute by claiming all the unfair penalty charges (maybe this is something your brother could do )

[havinastella]

spoil sport

[andymanx]

Pffft, its Westcott.

 

My nan has more power than those c**** and shes been dead for 22 yrs!

 

 

Jogs

lol

[andymanx]

Sorry, but sometimes I just get so angry!

 

I should realise that Andy knows the score and is just updating his threads

 

 

x x x

Feel free to rant all you want. I certinaly have been for the past few hours, which is why it has taken so long to post up my reply to the s**tbags.