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Need Help Re Moorcroft Re Mint


Red1983
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Hi, I wondered if someone could possibly advise me on what to do with this letter I received from Moorecroft today.

Back in december Intrum was dealing with this debt for Mint and I was had been paying them monthly for two years or more, I CCAd them in Dec, and I got a final letter back from Intrum stating that they had closed the account and passed it back to the OC as they could not provide the Original CCA. Heard nothing since, I got this today:

 

We have been instructed by Royal Bank Of Scotland PLC, Card services to collect your overdue debt of xxxx.xx

It is a legal requirement to send notice of Intended Litigation before legal proceedings in the Couty Court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you.

 

To prevent legal action from being taken be external solicitors instruced to act on behalf of our client it is essential that you settle this debt without delay. Payment should be submitted in full within 7 days or contact made with this office immediately., or letter with you payment offer. Both our client and we do not wish to take this action but if agreement cannot be reached by xxxxxx, a claim may be issued by our clients solicitors without further notice.

 

We would draw your attention that if judgment and an order for repayment in full is obtained and remains unpaid, the following enforcement options are available and may be considered.

 

Warrant of execution by bailiffs against goods owned.

 

Application for attachment of earnings order with your present or future employer

 

Application for a charging order on any property you may own or are purchasing under a mortgage.

 

We would emphasise that should judgment be entered against you this may affect any future credit application you may make elsewhere. We would also draw your attention that all legal costs incurred are usually payable by the debtor.

 

All payments must be made payable to Moorcroft and forwarded with this letter to the above address.

 

 

Please could someone help me with what I should do next, I didn't think Mint could do this as they have already admitted they dont have the CCA, and surely they cant get a charging order on the house.

Please could someone help.

 

Thanks so much

 

Red

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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

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Thanks Cerb will get hat sent off first thing tomorrow. What'd I do without ya! Thanks so much.

 

Red

xxxx

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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

 

 

Er Cerb, one other question, what do I send to them if they send a letter back saying that the account was not passed from IJ but was passed from Mint?

Just a quick thought I had before I print the letter off.

 

Red

xxx

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As far as you are concerned you were dealing with IJ for two years, you have not been notified by Mint that it has been passed to Moorecroft, so let them sort it out because until an enforceable CCA is provided the a/c is in dispute no matter who is dealing with it.

 

The likelihood is that IJ have passed it to Moorcroft anyway, they tend to swap portfolios amongst each other.:rolleyes:

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Ok, cool Cerb thanks so much.

 

I will let you know what I get back. Im so tired of all this though, you know, I just want it all to be over, I dont suppose you know, you know when a default is removed after six years, wether paid back or not, can they default you again? Just thought Id ask you cos you seem like a man of knowledge.

 

Red

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

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No only one default can be registered against a debt. ;)

 

I know you won't believe it now, but when you do get things sorted you'll actually miss it.

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LOL, You're right I cant imgaine that just yet:eek:....LOLBut I do look forawrd to the day I can maybe help someone else:p.

Oh but its awesome that they cant default you twice. Four years to go then LOL. Ill just keep sending CCA letters.... hopefully, but itd be nice to get it all written off somehow, unless of course I win the lottery then I might offer them something....then again thinking about it...NAH!

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Makes me laugh everytime that does :D

 

 

I know right for Sure! but ya know whats scary I am sure that I did actually read that in some legislation somewhere. Can you beleive the content on all that stuff this act and that act, I cried cos I just couldnt remember it all. Its Crazy! I can see why people end up in the nut house!! how can they do this Mr Ton?, its so unfair.

We should right them a letter:

 

....... just think of the content in that one huh!! LOL:D

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Fine thanks Red1983 & you? :)

 

 

Doing well, thank you very uc, just getting a little weary from all this stuff ya know? I was kinda hoping it was all over as I hadnt heard anything from anyone for a few months, but I guess not. I can always hope, and as Cerb says it will one day be over. I LONGGGGGGGG for the day but I believe, just as Morecrap do! LOL

 

Hows the Cat? LOL:D

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Dont worry Red1983....the DCA's time is up & they know it.

Too many people are now becomming aware of their rights these days & they dont like it 1 bit.

They succeeded in brainwashing the British people that they had some sort of legal power over everyone.

Thanks to sites like this, that false perception is now being shattered & they are in a state of panic as a result ;)

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Thanks Mr Ton. I dont know what I would have done without this site, and prayer of course!

Shame about the Cat, I liked it LOL.

Will keep in touch.

 

Red

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  • 4 weeks later...

UPDATE FROM MOORCROFT HELP

 

Hi its been a month I know....

Anyways sent that above letter that you gave me Cerb, but I got this today:

 

I write in response to your recent dispute in relation to the above account and can confirm we have been in contact with Royal Bank Of Scotland Plc - Card Services who have advised us that they have no record of a dispute with Intrum Jusistia and you have not put in a CCA request to them or Intrum. Royal Bank of Scotland Plc - Card Servcies have also confirmed thatt they require you to send the CCA request direct to them.

 

Ican Also confirm I have placed your account on hold until 9th July 2009 and request you make immediate contact with our call centre on the above telephone number to discuss a repayment proposal you can afford and maintain.

 

If you are unhappy with the information provided please contact us by return (or in any event prior to the above date).

 

 

Can Any help me with what I do Next? Now im really lost and really didnt expect to get this one!

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They can put it on hold until hell freezes over as far as your concerned because Mint have already admitted they don't have a CCA. :rolleyes:

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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They can put it on hold until hell freezes over as far as your concerned because Mint have already admitted they don't have a CCA. :rolleyes:

 

 

Ok cerb, thanks, but is there something that I should send them, and should I CCA and SAR Mint directly?

Do you think that I should send them the copies of letters I have sent to IJ and the replies I have gotten back.

The last response that I got from IJ was we have placed your account on hold while you seek to obtain the CCA from Mint.

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Also, heres another thought I jsut had, surely IJ are in breach of the DPA for passing on my details. Is there something that I could send them?

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I didn't think Mint could do this as they have already admitted they dont have the CCA

 

The above is from your first post. Do you still have the letter where they admit they don't have the CCA? If so copy it & send it to the idiots Moorecroft.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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The above is from your first post. Do you still have the letter where they admit they don't have the CCA? If so copy it & send it to the idiots Moorecroft.

 

 

Ok cerb, if I compose a letter would you check it over for me?

 

Thanks so much,

 

Red

xxx

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