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MrCollio

MrCollio v Moorcroft (Again)

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Here goes.

 

Moorcroft are after me for another disputed debt.

 

I sent a CCA and they have returned it saying they do not have to deliver it, write to the original creditor.

 

Is this correct?

 

Thanks all in advance.

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No,

If they are collecting on behalf of the creditor, they should pass the request on to them.

If they have bought the debt then they have the responsibility to supply the CCA.

If the 12+2 days are up, send them the A/C in dispute letter and report them to Trading standards and the OFT and the ICO

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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They know the law.

 

send them a reminder quoting this

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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What is the account they are collecting? it depends what it's for as to whether they have to comply with a CCA request. There is no point sending letters quoting legal requirements if the law states they don't have to comply with your request.

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As GM says, they must comply,

 

Send this to the idiots,

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

 

 

Re: =

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

 

 

This limit has expired.

 

As you are no doubt aware section 77(4) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

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.

 

I will be reporting your actions to any such regulatory authorities as I see fit.

 

Yours Sincerely


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Not if it's a mobile phone debt they are collecting, or a utility balance as neither are covered by the CCA 74, Hence why I asked what the debt was for before I gave advice as I wanted to give correct advice. Its ok sending a letter telling them they have to comply but no one has asked what the debt is for before advising they have to provide it. So no, they may not have to comply and advice given may be incorrect.

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Its a credit card debt

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Then send the above letter posted up by CCM :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Hi I need some more help with this one.

I sent Moroncroft A CCA request and they did not comply. I have sent them the reminder letter and they have repied the following.

 

"We can not help you further until you reach an agreed payment plan that you can afford".

 

Any advice on the reply to this.

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I would say, ignore them and complain to trading standards.

 

They have an obligation to supply the agreement and until they do, you have no obligation to offer payment and they cannot demand that you do so until a VALID agreement has been supplied


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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To add further to SFs comment.

 

I would write to them reminding them they have no rights to any money or demmand u pay them till they can prove the debt. Advise them u will be informing TS and OFT in 7 days if they have not supplied you the cca u requested on XXXXX.

 

Then write to OFT and send them a copy with a covering letter to say.

 

Dear sir or madam.

 

Please find enclosed a copy of the letter i today sent to the OFT.

 

I hope you find it self explanatory


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Now Moroncroft have sent me a letter of intended litigation.

 

What should I do?

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These letters are designed to scare you into making an offer of payment.

 

The only time to be worried is if they actually do take you to court. (unlikely)

 

Without a valid agreement, they would look very silly in front of the judge

 

Have you done the complaints as advised?


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Personally if they havent complied with your request/replied to your account in dispute letter, i would just file it.

moorcroft are all hot air anyway, not worth losing sleep over.

 

Tell them you are going to report them to everyone!, that should shut them up.


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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hiya all

 

im subbing if i may as im at the early stages of this and had the intended legal letter but i must do what has been advised here so far and i will

 

will start my own thread in a bit

 

sound advice which i too can follow easily

 

good luck MrCollio (do hope that really is not your real name if so change it quick from prying eyes ;)_)

 

laters all angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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I have posted the complaint to Moorcroft with a copy of the complaint to the OFT.

Not done TS yet or FOS.

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MrCollio is not my real name!

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MrCollio is not my real name!

 

Good, as creditors do have an habit of following our threads if you get my drift

 

good luck and keep positive

 

laters angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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