Not Sure If This 1s Enforceable From Rbs???

[ANDREAMOUR]

Just to keep you up to date Moorcroft have chosen to ignore my letters and are now sending me the "NOTICE OF INTENDED LITIGATION" threatograms so i think the only way forward now is to let them take me to court!

[citizenB]

Just to keep you up to date Moorcroft have chosen to ignore my letters and are now sending me the "NOTICE OF INTENDED LITIGATION" threatograms so i think the only way forward now is to let them take me to court!

 

Just pop Moorcroft into the search box at the top of the screen and you will find that Moorcroft do like their Notice of Intended Litigation letters. They also have a Pre Litigation department as well dont you know

[citizenB]

Have a read of post 509 onwards in this thread.. you might get some idea of these clowns...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112783-lloyds-tsb-mastercard-51.html#post2427043

 

[ANDREAMOUR]

Thanks for that CB

Its put my mind at rest i thought a court date was looming.

I think i will ask Moroncroft on what basis they intend to sue me then and if they will be suing under the name of Moorcroft lol

[ANDREAMOUR]

This was the last letter i sent to rbs

 

Credit Card Operations

PO Box 5747

Southend on Sea

SS1 9AJ

 

Date:

 

Dear Sir or Madam,

 

Account number: **********

 

I am writing to you in regards to my Disputed Account!

You have recently informed Moorcroft that you have "fully complied with my consumer credit agreement request" Unfortunately you have not!

 

You have failed to supply me with an executed agreement.

 

An executed agreement must meet the requirements of S61 of the Consumer Credit Act 1974 which sets out the prescribed terms, which are the minimum provisions to be contained in a single document which is signed by the consumer and countersigned by the creditor; the document you have provided does not meet this stipulation.

 

The required terms for enforceability under s127(3) are given in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983 as follows:

 

"A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:

(a) number of repayments;

(b) amount of repayments;

© frequency and timing of repayments;

(d) dates of repayments;

(e) the manner in which any of the above may be determined;

or in any other way, and any power of the creditor to vary what is payable;

- A term stating the rate of any interest on the credit to be provided under the agreement

- A term stating the amount of the credit

 

The above terms are inflexible and are backed up by case law:

McGinn v Grangewood Securities Ltd; Court of Appeal 23 April 2002 3 All ER 145; 105 Solicitor’s Journal 588

Wilson and others v Secretary of State for Trade and Industry (at Court of Appeal, known as Wilson v First County Trust) House of Lords 10 July 2003

London North Securities v Meadows (Supreme Court of Judicature Court of Appeal) 14 June 2005; Dimond v Lovell(2002) 1 AC 384

Wilson and another v Hurstanger Ltd ((In The Supreme Court Of Judicature Court of Appeal (Civil Division) 4 April 2007))

Bank of Scotland – v Mitchell 1 June 2009 – Leeds County Court Case 9LS70096 before HH Judge Langan Q.C.

　

The application form that you allege to be a credit agreement falls short of the requirements of S61 of the Consumer Credit Act 1974 and that's not all.

You have issued me a defective default notice which has been incorrectly dated!

It is not sufficient to say 17 days from the date of the letter, it has to be date specific and the one that you issued me does not!

Also the alleged amount that is on the default notice includes unfair charges that you have added to my account whilst it has been in DEFAULT which makes the amount incorrect!

The last letter i had from Moorcroft mentioned court action so if you feel confident with the documents that you have then this maybe the only resolution for this dispute.

I look forward to your response

 

regards

 

*******

[ANDREAMOUR]

And this was there reply

 

 

[middenmess]

''you may seek whatever legal address they consider is open to you''

 

Cut & Paste special.

 

Who are they?

[ANDREAMOUR]

They could mean us the Caggers lol

[middenmess]

They could mean us the Caggers lol

 

:D:D:D

 

''you may seek whatever legal address they consider is open to you''

 

 

They think you have a need to look in yellow pages to find the location of a Court?

 

In their eagerness to furnish you with an all encompassing reply,do you think they rushed it and put 'address' instead of 'redress?'

[ANDREAMOUR]

It just goes to show what kind of people they employ to deal with this kind of issue!

[ANDREAMOUR]

Latest threatogram from mooroncroft

 

 

[locutus]

I was in a similar boat, not quite the same. My current account was showing overdrawn because of charges, and Fredrikson were sending me threat-o-grams® I refused to go through security over the phone (I told them I think they have been searching through my bins and found one of the letters I instantly bin without reading) and they eventually took me to court. I filed a defense on-line and they dropped the case within 12 hours

 

Cost of filing defense on-line = £0.00

Cost of having a laugh at a threat-monkey's® expense = £0.00

Getting the email confirming that they dropped the case like a hot potato = Priceless

[MandM]

Subbing

[charlie*]

subbing, any more on the rbs?

[ANDREAMOUR]

All very quiet on the Rbs front!

I sent them a letter of complaint today about the dodgey defaulf and ive asked them to remove it from my credit file!

[exchange]

Hi ANDREAMOUR,

I believe that there is a point RBS (and others) get to where they believe the debt is irrecoverable and they write it off. Hopefully this is where you (and I!) are at.

Exchange

[ANDREAMOUR]

Had a threatogram from a new company acting on behalf of Rbs today

They are called Wescot usual rubbish!

Seems Moroncroft have give up ( :

[ANDREAMOUR]

Had a response today about my complaint i made about the dodgey default notice, it seems they are going to look into the matter!

I will keep you all posted!

( ;

[ANDREAMOUR]

The latest from Rbs

 

 

[middenmess]

How the **** can you work out 17 days starting after the date of this notice if there is no date on the notice?????

 

Total rollocks written by a muppett.

 

Obeying Acts of Parliament would appear to be superseded by Acts of Idiocy at RBS

[beachcomber60]

How the **** can you work out 17 days starting after the date of this notice if there is no date on the notice?????

 

Total rollocks written by a muppett.

 

Obeying Acts of Parliament would appear to be superseded by Acts of Idiocy at RBS

 

Nice one Middenmess - Couldn't have put it better myself.

 

And 'consider it served the day after the date of the notice', ( I received one 6 days after the date on the DN)

[ANDREAMOUR]

Well im going to send them this:

 

Dear Bla Bla

 

 

Thankyou for you letter dated 4th August

I'm not sure if you are familiar with the format of a default notice but the 1 you sent is incorrect.

If you look at the notice you will see in bold and underlined the words

BEFORE THE DATE SHOWN

Now if you look again at mine there is no date shown!

The only date on that piece of paper is the date it was served.

Surely I could not have resolved the problem before it was served????

 

 

As it is stated in the:Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

 

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken;

 

 

So as you can see the default notice is defective

 

 

I now refer to your letter dater 6th February

in which you terminate the agreement (Demand payment in full of the outstanding balance)

Your action is an unlawful repudiation of the agreement and i accept your unlawful action and now consider myself relieved of any obligations that may have existed in the event that the alleged agreement did indeed exist.

Kindly advise me of the (genuine) amount of arrears outstanding as at the time of termination of the agreement.

Against your arrears may be a claim for unlawful rescission

I wait your advices

 

Yours faithfully

Edited August 7, 2010 by ANDREAMOUR
spelling mistake

[spartathisis]

I would send back using the same argument they have, you didnt receive it ! Where is the proof they sent it out to you?

RBS was/is run by numpties and certainly employs them. Triton, Greens, Wescot and some no namers from Lancs have tried, but all gone when pointed out RBS have not complied with a legal request for Data (inc a valid CCA). I am now awaiting them selling the debt to an unsuspecting third party

[spartathisis]

Or that

[locutus]

Personally, I'd also add to your letter "if you are unwilling to remove this default from my account, Confirm that you agree this complaint should be escalated to the financial ombudsman service or court".