Original lenders have contacted me after Moorcroft gave up

[Dick Emery]

Back in April Moorcroft gave up trying to collect the remainder of the loan amount from me and passed it back to Tesco Personal Finance. See other thread for a quick reminder of that. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187030-moorcroft-admit-they-have-2.html I have just received a letter from Tesco Personal Finance along with a statement. It is not worded as a demand though but as a statement and I guess an expectation of payment or to contact them? Please see scans.

 

 

How should I proceed now?

 

EDIT: What is odd is that it is not RBoS that are contacting me since it was them handling it before they passed it to Moorcroft. Now it is directly back with Tesco.

Edited July 4, 2009 by Dick Emery

[sunflower99]

Hi DickEmery

IN my opinion a good sign that moocroft gave up on you!and makes me think you likely got a dodgy cca though oviously can be 100% sure:DGoing by what i seen on threads a lot of The DCAS if they got a dodgy agreement in a desperate attempt to make a few peanuts for your probably unenforceable alleged agreement sell your debt on for peanuts or pass it onto other DCAs to try and bully you into paying up something! In the end they start playing pass the parcel with your debt! and when they find they cant intimidate you into paying up a lot of the time you get passed back to original crediter who then passes you on to someone else who has a go! and when they fail ahopefully they eventualy give up , after passing you around for a few times!If that were me i would be inclined to see what Tesco does next!

[cashins]

If that were me i would be inclined to see what Tesco does next!

 

Yep, I would work on the shout principle.

 

David

[sunflower99]

Yep, I would work on the shout principle.

 

David

LOL! As you say why waste time ink and energy on these plonkers! I suspect they know they got a bog paper agreemnt and just spinning it out in the hope of getting a few peanuts!

[Dick Emery]

So the opinion on this is to just ignore this statement as it's not a demand and wait and see what they do next? What I was concerned about was them adding on interest. But then again I can't see how that would help them in any way. If I cannot pay it I cannot pay it. Adding interest on does not help them or me and would only be a scare tactic which I will *NOT* succumb to. If they can come back with a valid CCA I will pay what I can but I won't be bullied!

[Dick Emery]

I will sign the petition but I don't own any property. I rent. The most they could take is a few belongings and a clapped out old car.

[sunflower99]

So the opinion on this is to just ignore this statement as it's not a demand and wait and see what they do next? What I was concerned about was them adding on interest. But then again I can't see how that would help them in any way. If I cannot pay it I cannot pay it. Adding interest on does not help them or me and would only be a scare tactic which I will *NOT* succumb to. If they can come back with a valid CCA I will pay what I can but I won't be bullied!

Hi DE

Im afraid they will most probably keep adding interest and thats happenening with my DCAs !Thats one of the things we have to accept as part amd parcel and risk of the battle im afraid!but if you not payiing them anyway and they seem hopefully going by events of moocroft giving up on you and your conclusions likely cca is dodgy !they can add what they like but its not making the alleged agreement anymore enforceable!and even if the worse comes to worse going by your last post what is there for them to take!Even if anyone was silly enough to take you to court over this you would get lots help and advice to defend yourself from caggers!and really they would have serious problems if they not got an enforceable agrreement:D and even if by some chance the case went against you or as you fear in unlikely event by sound of it your CCA was enforceable in court! When you tell the DJ your fiances in hearing he wil only order you what you can reasonably afford after all your living expenses deducted even if it were only a couple of pounds a month !so try not to worry to much!

[Dick Emery]

It's now been passed to another DCA. Allied International Credit. Ever heard of them? See the letter below.

 

 

Do I start over and send them a CCA?

[JonCris]

No Dick Write & tell them the account is in dispute & has been since your unsatisfied CCA request to (name here) dated ? & that any attempt at enforcement is a breach of the CCA & OFT rules

[Dick Emery]

No Dick Write & tell them the account is in dispute & has been since your unsatisfied CCA request to (name here) dated ? & that any attempt at enforcement is a breach of the CCA & OFT rules

 

I originally requested a CCA last year and was sent a faxed copy of the so called agreement. However my signature was in a grey box on a disperate peice of paper and not on the agreement page itself. CAG members said the agreement looked OK on the terms. But since it was a faxed copy and the signature did not 'appear' to be on the agreement itself there was some debate about it's legitimacy. My own guess was it 'might' have the signature on tha back of the agreement terms 'or' it may be longer than A4. As I did not have a copy of the original agreement myself I could not tell either way.

 

Is a faxed copy a true copy anyhow?

 

I agreed to make payments thinking I was bound by the faxed agreement. But Moorcroft came back to me a few months later harrassing me for upping the payments. I wrote back that I could ill afford it, offered them £1 a month along with a covering finances form I had filled out with CCCS and that the agreement they had sent did not appear to be a true copy and I wished to have them send a proper copy. They wrote back saying they could not obtain it from Tesco Personal Finance.

 

Later on Moorcroft dropped it entirely and passed it back to Tesco Personal Finance who have now passed it to AIC.

 

So do I write back putting the original CCA request date on it even though I agreed to make payments based upon it and even though I now dispute it's legitimacy? Or from the date I disputed it again with Moorcroft?

 

A little confusing as you can see. But it is mainly due to the original faxed copy of the agreement being somewhat debatable by CAG members who could not really give me a definitive answer back when Moorcroft first contacted me. :/

[JonCris]

When the account was passed to the new DCA they should have received ALL of the papers & if they didn't tough that's not your fault - do as I suggest & let THEM sort it - they'll probably do the same it's case of pass the parcel

[JonCris]

When they do send it to Tesco write to Tesco sending them a DPA 10 requiring that they stop processing your data & hopefully the pass the parcel will cease

[Dick Emery]

My confusion arises as I do not know which date I should put on there as the dispute date. The original CCA request (Last year), which I was making payments based upon - thinking it was legit but then later on doubting it's legitimacy - or the date of when I disputed it with them (This year).

 

Which date should I be quoting reference on? The first CCA or the later dispute letter?

[JonCris]

If you can't remember just refer to the debt being in dispute & let them do some digging either that or they'll simply return it to the OC............again

[angry cat]

My confusion arises as I do not know which date I should put on there as the dispute date. The original CCA request (Last year), which I was making payments based upon - thinking it was legit but then later on doubting it's legitimacy - or the date of when I disputed it with them (This year).

 

Which date should I be quoting reference on? The first CCA or the later dispute letter?

 

If you made your CCA Request after May 2008, that will bring in the CPUTR's!

 

AC

[angry cat]

Codes of Conduct;

Aggressive Commercial Practices:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf

 

Little darlings, aren't they!

 

AC

Edited July 4, 2009 by angry cat
error

[Dick Emery]

I made my original CCA request before May 2008. I raised a dispute about it afterwards though.

 

I am confused again because new info is being thrown at me. I just want to know how I respond to the above letter from AIC please.

Edited July 4, 2009 by Dick Emery

[JonCris]

This is getting boring you've been advised - You don't need the tell them all they need to know is that the account is in dispute - as for the law let them get out the books & find out - It's not your job to educate them

[saintly_1]

You could send them something along the lines of this letter

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

[Dick Emery]

Thanks for that. However there are some issues with that letter I am unsure of. The CCA was presented to Moorcroft back in February 2008. They sent a faxed copy of the alleged agreement and based on that I began to make payments. Then in 2009 they tried to up my payments. I refused. Submitted a personal finances letter from the CCCS, told them I was only able to pay £1 per month and requested that a true signed copy of the agreement be provided as the fax was not a true signed copy and that the signature was not on the agreement.

 

This resulted in Moorcroft sending me a letter that they could not provide the agreement and eventually I got a letter saying that Moorcroft sent the debt back to Tesco Personal Finace who have now passed it on to AIC.

 

So in that suggested letter...

 

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

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

 

This is actually not true so can I just leave that portion out? Also should I put in Moorcroft's name or Tesco Personal Finance?

 

Sorry if I sound dense when it comes to this legal jargon.

[skegleg]

hi

just adjust the letter templates to fit your circumstances, thats what most of us do as not one letter fits all so you just adjust it

[Dick Emery]

I thought so. Should I put Moorcroft or Tesco Personal Finance in there though? Or should I just put both as in 'Moorcroft/Tesco Personal finance'?

[JonCris]

It's NOT my intention to attack anyone but may I make a suggestion & that is that LiP's should stop using terms only lawyers use such as 'due diligence' & quoting whole sections of statute etc if you must use the citation only - let them get their books out - stop educating them - I appreciate the reasons but all you may be doing is implying to the court that you know more than you do which can have adverse effect in that the court will NOT allow you the latitude you need to present your argument - & perhaps most importantly you'll often upset the judge.........it's often best to play thick & I should know:rolleyes:

[JonCris]

I thought so. Should I put Moorcroft or Tesco Personal Finance in there though? Or should I just put both as in 'Moorcroft/Tesco Personal finance'?

 

 

Whoever wrote to you last & whilst mentioning Tesco's just quote the writers reference

[Dick Emery]

I think I will wait a day or two until someone clarifies just what I SHOULD send them then. I don't wish for a judge in court to be giving me grief because I used legalise without understanding what it actually meant at the time.