Debt transferred whilst CCA outstanding: Advice please

[Bada Bing]

I have today received a letter from Moorcroft Debt Recovery threatening court action if I do not pay a debt they say I owe HSBC. I had previously received a letter from Equidebt regarding the same matter back in April 2008.

 

I sent Equidebt a CCA request in April 2008 but heard nothing from them. The next thing I get the letter from Moorcroft. I am intending to write to Moorcroft but wanted some advice as to what I should say to them regarding the previous request. Should I just request a CCA from them or should I tell them that the previous CCA request is still outstanding and say that the matter is in dispute?

 

Any help will be much appreciated.

 

Thanks.

 

BB

[mr.ton]

You can do so if you wish.

But i dont think it will make any difference to the fact that the debt will just be passed around the DCA industry like pass the parcel.

Report em all to the OFT & trading standards.

[cerberusalert]

Send this to Moorcroft;

 

 

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

[Bada Bing]

Thanks folks, much appreciated.

 

BB