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Moorcroft now chasing!


Trudy B
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Hello everyone

 

Here we go again!

 

Halifax passed this case on to IQOR so I sent the CCA letter and they replied saying they had passed the request on to their client. That was 14th May. Time up now I believe?

 

No CCA surprise surprise! No £1 refund as yet either!!

 

Today I have received a threatoletter from Moorcroft Debt Recovery dated 30/05/09.

 

Does not specify the account has been sold or assigned to them justthat they have been instructed.

 

What is the next stage please?

 

Do I send them a CCA request and £1 or is there another letter I write to them?

 

Can someone please clarify the next step in this case.

 

T :)

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Send them this (edit to suit) and send recorded

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

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 **original creditor/DCA** and has been since DATE 2007.

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 last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *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 the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New 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.

 

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.

 

Yours faithfully

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Wow! Excellent, thank you 42man!

 

Lets see what that brings if anything, but I guess they will just ignor everything as usual and churn out the same old rubbish ... perhaps it will be passed back again to B-liar Oliver and Snot?

 

Thanks again

 

T:)

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Good afternoon all!

 

More [email protected] from Moorcroft!!! :mad:

 

Well, here’s a quick update. Any advice on next step most welcomed!

 

Sent 42man’s recommended letter off last week saying the account is clearly in dispute and should not have been passed from Halifax to them and low and behold it has been ignored in its entirety.

 

Today I have received another bully letter “Notice of intended litigation” from Moorcroft.

 

So are they now breaking OFT rules and debt collection guidance ?

 

What’s my next step?

 

T :)

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Just one point, did you sent the original CCA request by Recorded Delivery, and have you confirmed that it has been received and the date, if so print out the receipt, you will need this in the future.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Yes, the CCA request has defo been received.

 

It was sent to Iqor with the £1 back in May and they have acknowledged this and confirmed the request had been passed back to the OC and the account was on hold.

 

No CCA received so when the time limit ran out I sent a "you have not complied with the statutory time limits and are now in default" letter.

 

Instead of sending me the CCA Halifax have passed this disputed account onto [email protected] so they can send me threats instead! How very thoughtful!

 

 

T :)

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In that case send moorcroft the I am bemused letter

 

ACCOUNT IN DISPUTE

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 **original/DCA** and has been since DATE 2008. 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 **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached 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 the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New 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.

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.

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.

Yours faithfully

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi PGH

 

Yup, that's what I did as recommended by 42man .... you'll not be surprised to hear that this is the letter they completely ignored!

 

Do you think it would be worth sending it again referring to my previous letter or do you think the chances are that I would simply be wasting ink, paper and postage?

 

I think you were right the first time, complain to the OFT!

 

 

T :)

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sorry did not see 42mans earlier post, in this case just ignore the morons and complain to the oft

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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  • 3 weeks later...

Afternoon All!

 

Update

 

Guess what … yet more [email protected] from Moorcroft. It is becoming somewhere in-between funny and boring!

 

It is very clear they deliberately ignore all debt collection guidance even when it is spoon-fed to them!.

 

Just to recap, since requesting the CCA this case has gone from

 

OC to EOS

EOS to Iqor

Put Iqor in dispute

Iqor passed back to OC

OC passed to [email protected]

 

Not a CCA in sight.

 

I sent the letter suggested above to [email protected] (thanks once again to all)

 

In response from Moorcroft received today they say that the previous DCA should have told me that the CCA was unavailable but so what, pay up anyway and we’re going keep pursuing you!!!!

 

The OC is aware that the account is in dispute and should never have passed it to Moorcroft.

 

Is there a letter that says something along the lines this is now classed as serious harassment under the debt collection guidelines and you are fully aware that the account is in dispute and if you persist I shall be claiming damages for harassment plus the more you breach the debt collection guidelines the more evidence this gives me to report you to Trading Standards, the Information Commissioner and the OFT????

 

Oh and PS you may like to have a chat with McKenzie Hall and the OFT about what happens when you breach the guidelines???!!!!!!

 

And also does anyone have something about the OC is responsible for the actions of their appointed DCA’s representing them so by continuing to harass me you are also putting your client at risk of harassment claims????

 

If someone has something handy that you be fab!

 

I now actually quite resent wasting the ink, paper and postage on these people.

 

Alternatively shall I just ignore it completely, wait for oddles more rubbish to come through and then go to the TS, OFT, IC etc etc???

 

T :)

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I would just file moorcraps letter along with the rest, and not bother responding, they will soon get the message that it is in dispute due to no agreement and then will throw their teddy out the pram before running back to the OC screaming and wailing that they have been sold a pup

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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tell them that if they keep hassling you,that you will levy a charge for dealing with their correspondence as recompense for providing their staff with training,and if their letters continue,that you will deem they accept these terms.....

 

(you have to offer a service that they then "accept", apparently)

 

funnily enough,I haven't heard from Morecrap in ages now ;)

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[email protected] aren't the brightest but they will go through thier threat cycle with you. When each letter comes pick out the breaches to OFT guidlines and the CPUTR 2008 and report these to TS, the OFT and your MP :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Strange They Must Be Doing A Job Lot As I Got The Letters In The Same Way As You Except Mine Is From Bt. They Still Havent Responded To Me Just Sent The Next "red Top" Letter. Whats The Next Step? They Have Had Three Weeks Nowx

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Well done, charge them for staff training – I do like that one! It wouldn’t go a miss and is obviously much needed!!! Haven’t they heard of Train To Gain???? :D

 

I know it’s a bit naughty but I do get the urge sometimes to wind them up a little …. Perhaps send them back my own red top letters regarding their harassment and non-compliance from my own little Pre-Litigations dept! .... plenty of "could " "may" and a list of my charges for responding to their rubbish!

 

I am still convinced this DCA business is run from a garden shed! Perhaps this may explain why they appear to be away with the fairies? The OC has already told them to oh but dream of any CCA let alone a properly executed one :D

 

T :)

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You are so right, fuzzybobble has me in stitches! :D

 

I also look out for threads and posts by BRW and Mr Ton, always a beautiful turn of phrase with the correct amount of sarcasm, they always have me laughing! Oh god, not forgetting Mr Fred Bassett!!

 

The first time I came across the Cheekiness to DCA's thread I laughed so much I nearly fell off my chair! I pop back every now and then just for a little update and to ligten the mood!

 

 

:)

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You should set aside a weekend and read it all trudy :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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