Moorcroft Response to CCA request

[lickthewallfatboy]

moorcroft,westcot and the OFT

 

not that the first 2 will read it

[creditcardmug]

Now you need the bemused letter

 

 

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

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Your Reference: xxxxxxxxx

 

I refer to your letter of DATE, 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 xxxxxxxxxx and has been since xxxxxxxxxxx.

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 letter to xxxxxxxxxxxx dated xxxxxxxxxxx outlined the fact that the documents they had sent to me do not conform to the Consumer Credit Act 1974, and to date I have received nothing further to remedy this.

As Bank of Scotland are now in default of my Consumer Credit Act request, and 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.

Now I would respectfully suggest that this account is returned to the xxxxxxxxxxxx for resolution of these defaults and breaches, as xxxxxxxxxxxx cannot lawfully pursue any enforcement activities.

If xxxxxxxxxx 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, as this is the only method by which I am prepared to respond.

Yours faithfully

[GhostDebt]

Bemused letter sent to Wescot, will wait and see what response we get from them

[GhostDebt]

Received a response from Wescot saying:

 

Thank you for your recent correspondence regarding the above account.

We acknowledge the contents of your letter, however to enable ourselves to investigate your query further we request that you provide full details of your dispute in writing in order that we can liaise with our client.

We look forward to receiving the above by return, along with payment to cover part of the balance which is not in dispute.

 

--------

I have drafted the following response to them:

 

Further to your letter dated 05.06.2009, I must re-iterate that until your client complies in full with our legal request for information under the Consumer Credit Act section 78(1), the alleged account remains in dispute.

Whilst the alleged account remains in dispute, section 78(6) of the Consumer Credit Act 1974 applies which states:

78(6) If the creditor under an agreement fails to comply with subsection (1) -

a) He is not entitled, while the default continues, to enforce the agreement.

Furthermore you should be aware that a creditor is not permitted to take ANY

action against an alleged 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.

 

I await your written confirmation that the alleged account will be placed on hold until such time as your client complies in full with this request.

I look forward to hearing from you in writing only and expect your due diligence in this matter.

 

Yours faithfully,

------

Does this look alright, considering they had the bemused letter already, or would it be better to send a different letter like the CPR letter?

Any comments greatly appreciated.

Best regards

[cerberusalert]

Send that, it covers all the salient points.

[WelshMam2009]

Moorcroft have been passed one of my debt's from Citi bank so great to hear you saw them off so quickly Ghost!!

[GhostDebt]

Quick Update:

 

Well surprisingly Wescot have sent us another letter.

---

Please find enclosed as requested a copy of the original agreement relating to the above account.

Payment is now required in full and can be made by debit card/credit card (subject to acceptance) by calling the Wescot Payment Hotline on 0870.... or pay online at ... or by sending a cheque or postal order quoting the Wescot Debt number on the reverse to the above address.

In certain circumstances, we can agree a monthly installment plan by contacting our offices on 0870.... between the hours of ...

---

Enclosed with the covering letter is 3 sheets of copy documents.

The first is an application form which does not contain the prescribed terms, only has our signature on it and a right to cancel box and is stamped with one branches location.

The second could be the reverse of the first as it has some bleed through but is not very clear although could be deemed legible. It contains the payment amount, interest rate, credit limit, but no signatures at all.

The third is a different application form from a different branch, without the prescribed terms signed by both parties but not dated which is a typed document (not hand written) with the repayment cover boxes ticked and our signature doesn't quite look right??

 

Any comments on our next step would be appreciated.

 

Many thanks.

[GhostDebt]

Bump..

[GhostDebt]

I feel so honoured - We have now been Iqor'd yippee.

Telephone harrasment letter and bemused will be going in the post shortly.

[lilly white]

Can you post the docs that they have sent minus normal details.

[GhostDebt]

Hi Lilly white,

 

Will post shortly

 

GD

[GhostDebt]

Letter received today as follow:

 

Dear..

Halifax PLC have passed your debt to Iqor Recovery Services Ltd with instructions to recover your outstanding balance of ... in full. Accepted methods of payment are detailed on the reverse of this letter.

If you do not take action to resolve this matter immediately, we may commence legal action in the county court/sherrif court. This may well result in a judgement/decree being recorded against you.

Any judgement or decree entered against an individual is recorded on the public register and is likely to affect their credit status and ability to obtain credit in the future. We advise you to take action to resolve this matter and contact our offices immediately on 08451460175.

We may also instruct a debt collector to visit your home and collect the debt personally if you do not make an acceptable payment proposal.

If you think that you cannot pay the debt in fullat present then call us immediately between 8am and 9pm Monday to Friday or between 8am and 1pm Saturday to discuss how you intend to pay this debt.

You should make your payment directly to us, as this is the only way to ensure that our action stops immediately.

Yours Sincerely.

---

Edited August 13, 2009 by GhostDebt
Spelling

[GhostDebt]

So I was thinking of sending them this in reply.

 

Dear Egor,

Unfortunately I do not have a doorstep anymore as Collect Direct took it last week however if you would like payment I am willing to provide you with my Christmas card details if that will help.

If you honestly think I have a credit record which would allow me to get credit, considering the number of judgements and defaults I already have and think threatening to take me to court will make any odds then you are sorely mistaken.

Will put the kettle on in anticipation and go out and get some biscuits, so don't come just yet give me time to get back from the shops on Knightsbridge.

ha ha.

 

---

 

Only joking, was going to send them:

 

ACCOUNT IN DISPUTE

I do NOT acknowledge any debt to your company

Dear Sir or Madam,

Your reference: -

Client reference: -

Further to your letter dated * received *, I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with both Wescot Credit Services Ltd and Moorcroft Debt Recovery Limited and has been since my account in dispute letter was received by Moorcroft Debt Recovery Limited on *.

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 Moorcroft Debt Recovery Limited are in default of my Consumer Credit Act section 78(1) request for information, OFT Collection Guidelines and have also breached s10 of the Data Protection Act 1998, 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 Moorcroft Debt Recovery Limited for resolution of these defaults and breaches, as Iqor Recovery Services Limited cannot lawfully pursue any enforcement activities.

 

If Iqor Recovery Services Limited chooses to ignore my dispute and attempt enforcement, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and initiating legal proceedings.

 

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.

Also be advised that I will only communicate with you in writing.

Also I wish to complain about the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing, especially as all calls preceded any written communication, an unfair tactic several regulatory bodies would be interested in I am sure.

 

I now require all further correspondence from your company to be made in writing only and ask that you remove all telephone numbers relating to myself from all your internal and external systems. Under law there is only a need for a company to have one method of communication, and this is perfectly acceptable to be by written means.

I am of the view that your continued harassment of me by telephone puts you in further breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

In addition, I note that you cite Data Protection reasons for failing to disclose who you are when you call me. I require a written statement from yourselves detailing the relevant sections of the Data Protection Act 1998 which you attempt to rely on to substantiate this reason.

Also, I am sure you are aware this is a breach of section 2.2© of the Office of Fair Trading Debt Collection Guidance July 2003 (Updated December 2006) and for Data Protection Reasons I will not disclose my personal information to companies or individuals who do not correctly identify themselves as they are required.

I now require all further correspondence from your company to be made in writing only.

Be advised that any further telephone calls from your company will be recorded.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

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 only.

 

Yours faithfully

---

Any comments?

Want to get it posted tomorrow.

Cheers

[GhostDebt]

In addition,

SAR sent to Halifax today.

[GhostDebt]

Brief Update,

 

Faxed them the letter and posted it, and still getting phone calls from them. When they called me today they actually identified themselves as Preston & Lancashire... ha ha checked the number and yep it was Iqor.

 

Will give them a few more chances and then complain to the OFT about them..

 

Cheers

[GhostDebt]

Quick Update.

 

At the end of October we got a letter from Iqor to say they are returning the file to the OC.

Today we received a letter from Wescot about this.

So it's been passed back to them for a second time.

Will send them the bemused letter and also refer them to our previous correspondence as well.

 

Regards

[WelshMam2009]

Quick Update.

 

At the end of October we got a letter from Iqor to say they are returning the file to the OC.

Today we received a letter from Wescot about this.

So it's been passed back to them for a second time.

Will send them the bemused letter and also refer them to our previous correspondence as well.

 

Regards

 

You've got to smile at the level of their incompetence though Ghost!!

[GhostDebt]

Evening all,

 

Wescot replied with:

---

Further to your recent communication.

When you signed the contract with our client, it was stated in your terms and conditions that your account may be passed to a third party to deal.

In view of the above we require you to contact our office to discuss repayment of this account. Alternatively payment can be made by debit card/credit card (subject to acceptance) by calling the wescot payment hotline on 0844 824 1155 or pay online at www.paywescot.co.uk or by sending a cheque or postal order quoting the wescot debt number on the reverse to the above address.

---

So this would be the contract that they haven't supplied me with i.e an agreement.

Also payment by credit card.. thats not on..

 

Any comments/suggestions on a follow up letter welcome.

 

Regards

[WelshMam2009]

Just reply with a one liner asking them for a copy of the signed contract referred to in their letter, for your verification and refer them to all previous correspondence in respect of the same.

[F_DCAs]

Isn't an 0844 number a premium rate number which Wescot shouldn't be asking people to call?

[WelshMam2009]

Isn't an 0844 number a premium rate number which Wescot shouldn't be asking people to call?

 

I think the problem with 0844 numbers is that different rates apply depending upon the numbers that follow. In this case it is 0844 824 which, appears to be a g6 tarriff of approx 5p per min at all times.

 

It is possible for companies to benefit from these calls but I don't know if that's the case here.

 

You can check out the BT specialised numbers tarriffs here...

 

http://www.productsandservices.bt.com/consumer/consumerProducts/pdf/SpecialisedNos.pdf

[cerberusalert]

This is a good site to find alternative numbers when they supply you with a premium rate one; SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers