Egg and Home Collection Services

[Smokieone]

A little bit of back ground -

 

In late Nov last year we sent CCA request to Egg as hubbies Egg card had been passed to Moorcroft. Time lapsed for that request on 4th Dec so we sent letter, stating ' I do not acknowledge any debt to your company'

Recieved a letter back from Moorcroft on 9th Dec stating that they had sent request to Moorcroft and would forward agreement as soon as they had it.

On 2nd Feb we recievd a letter and a copy of an agreement via Moorcroft - we were going to post letter and agrement here but when we saw eact agreement in other posts we didnt bother took same action as advised to others stating that they had failed to comply with CCA 1974 by providing a valid agreement - all was quiet.....

 

Got a letter today from Home Collection Services Ltd - strangely enough based in STockport as well contents of letter as follows

 

 

Dear Mr

 

Egg Banking PLC

 

Balance £****.**

 

GOOD NEWS

You could be free of this debt if you telephone us and agree one of the folowing options:

 

OPTION 1 - Interest Free Repayment Plan

 

Telephone us for a monthly repayment plan. If we agree an offer and you pay montly installments we wil: -

Freeze any further interest

Stop any administration fees being added

Not take legal action

 

Option " - A Substantial Discount

 

Telephone us for a full and final settlement figure. Te benefit to you will be

A minimum discount available to you reducing the debt by a substantial amount.

A full and final payment will sto you from having to pay any further costs

Once the agreed payment has been received and cleared we will not contact you again concerning this debt.

 

Moorcroft Debt Recovery has informed us that you have ignored their letters. Please do not ignore this letter. Contact us today and allow us to help you be free of this debt.

 

 

Is it just me or do Moorcroft agree with the contents of the last letter and have just got rid of this debt to someone else, or is it Moorcroft sending this letter in a different guise??

 

I guess we are to write to them and state that the acount is in disptue we have not ignored Moorcrofts correspondance - we wrote to them on Blah and blah and they have signed for the letters

 

Wot do I suggest they do then... I suppose I can only put a polite statement but not sure how to phrase it.

 

Any one else had similar eperience

 

thanks

[cerberusalert]

Send them this;

 

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 Print name do not sign

[Smokieone]

Hi thanks for that it is perfect

 

so they should just send it back to Morcroft to deal with?

 

Thanks

[clemma]

Hi thanks for that it is perfect

 

so they should just send it back to Morcroft to deal with?

 

Thanks

 

If they follow the rules - then yes, they should.

[Pinky69]

Home Collection Services are part of Moorcroft and according to the OFT website their consumer credit licence lapsed in 2004. Before I sent them any other correspondence, I would be asking for their CCL details and check with the OFT that they have a licence. By the way, Moorcroft's licence has also expired and there is nothing on the OFT website about it being renewed.

[Smokieone]

Thanks Pinky69

 

Should that just be a basic letter to them requesting that info - sort of a two liner??

 

Thanks

[cerberusalert]

You can change the first paragraph to;

 

Even though your consumer credit licence lapsed in 2004, 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

[ScarletPimpernel]

Please ensure that you report unlicenced trading to the OFT (you can email them).

 

I favour a robust approach:

 

I refer to your begging letter of (date).

 

According to the Office of Fair Trading database that your consumer credit licence lapsed in 2004. Trading as a debt collection agency without a consumer credit licence is a criminal offence.

 

In the circumstances, until you provide me with substantive evidence that you are properly licenced, I am unable to enter into further correspondence.

 

Yours etc.

[Smokieone]

Got a response from Morrocroft today regarding recent correspondance - funny I thought I had written to Home collection services!!:-|

 

It goes

 

I acknowledge reciept of your recent correspondance with regards to the above account. I am the complaince Officer of this company and it is part of my role to deal with concerns of this kind.

 

I have now been able to fully investigate this matter and I can confirm that there does appear to be a conflict of opinion here between your perception of the acountin question and the views expressed by our client. Whereas I would ask you to accept my assurance that we have been acting in good faith on the instructions of our client, it is clear that there is an impasse here with regard to the account. I believe therefore that the most sensible course of action would be for the company to return the acount to our client and to cease any further activity with regard to it.

 

Does this mean that we wil start the whole proces again in a few weeks with a another DCA??

Anyone else had a similar response from Moorcroft re EGG

[cerberusalert]

Whilst the account is in dispute they may not do the following;

 

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.

 

If they do you can make a complaint to TS, OFT and the Information Commissioner.

[ODC]

You really should report these CON artists to the OFT

[Smokieone]

Got a letter today from ARC (Europe) Ltd Credit Management, regarding Egg card

 

It reads

 

This account has been passed to us as for collection as our above named client has been unable to obtain payment of the outstanding amount from you.

 

We wish to make it quite clear that unless a substantial payment is made to us witin the next ten days, along with a firm offer to clear the rest of the overdue balance, we will pass your account to our solicitors, with instructions to issue proceedings against you in the county court.

 

Please ensure all apyments are made to ARC (Europe) Ltd. Failure to do this will delay it being credited to your account. Alternatively you may call the number above to make a payment by debit card or credit card

 

Yours blah blahh

 

I take it now I now send a letter to these guys along the lines of this account is in dispute.... do I enclose a copy of the letter sent by Moorcroft as above??

 

thanks

[clemma]

Send the muppets the same bemused letter as posted by cerberusalert

[mr.ton]

The DCA industry really is like a game of pass the parcel

[Smokieone]

sorry to sound a bit stupid but do I leave Moorcroft as the defaulting DCA in the letter above when I send it to ARC or to I change that to EGG

 

Thanks

[clemma]

It's EGG who are in default of your CCA, so put their name in.

[Smokieone]

HI All

 

Havent posted for a while, but just spent the mroning reviewing everthing for this.

 

On 6th April had a letter from another DCA ARC Collection services, stating that all information requested by OH had been sent, so pay up basically...

 

21st April recieved a leter from Trevor Munn solicitors sent a letter before action

 

OH responded stating that account was in dispute etc with copies of correspondnace previously sent and recieved

 

5th May OH received a letter stating court papers had been prepared and were ready to be filed but he could still sto this by paying.

 

OH did not send a repsonse to this letter

 

15th June 09 letter from ARC Collection services again stating that they had conducted a Land Regsitry search and they were now aware that he owned house and the next step for them would be to instruct Trevour Munn to issue court proceedings and get a charging order on property. Although again OH could still stop this by offering to pay a mutually agreeeable, substantially discounted one off payment in the net 14 days....

 

OH has heard absolutely nothing since, is there anything we can do to try and get this brought to a close ......

 

Any advice gratefully received

 

Thanks

[mr.ton]

Yes in a nutshell, tell them all to either put up or shut up.

They are just sending their standard template threatograms out in the hope that you buckle & pay up.

[Smokieone]

Hi Mr Ton

 

Is there a letter template for this type of letter - would really like to start cleaning up credit file and if they are not corresponding I feel that they know they cannot take this any further..

[mr.ton]

Your Street

Town

City

Postcode

 

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam

 

I write to you to demand that all communications with myself stops with immediate effect.

This includes letters & phone calls.

Your continued harassment of me puts you in breach of the Protection from Harassment Act 1997.

If you continue to harass me, i will report you to the OFT & trading Standards meaning that you will be liable to a substantial fine.

If neccessary i will seek police advice, compensation & obtain an injunction.

I trust i make my position clear.

 

Yours faithfully,

 

PRINT NAME DO NOT SIGN

[ODC]

Trevor Munn is ARCs rentasolicitor. Two years ago he was threatening me until I wrote to his registered office and discovered that ARC were just using his notepaper for their scarey letters

[Smokieone]

Bump