moorcroft debt recovery

[cerberusalert]

or they will start proceeding against me ie a CCJ or the bailiffs.

For these idiots to be able to use the services of a bailiff they would need to have a CCJ & only if you failed to keep to payments ordered by the court.

 

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

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.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[cerberusalert]

They have to prove that the debt exists and they are entitled to collect it. The letter they sent you is designed purely to scare you into contacting them & they are trained to extract as much money as possible from you. Under no circumstances should you telephone them, everything must be in writing, that way it leaves a nice paper trail & they would not dare commit to paper what they would say and threaten on the telephone.

 

Unless you have been notified that this debt has been sold on by whoever you have been paying, i would not pay them anything.

 

Did your original creditor send you a 'Default Notice', 'Notice of Termination? If so can you scan them, remove identifying details & post them up for us to have a look at?

[cerberusalert]

then they said that if I gave them my card details they would see if the payment would go through and I said that I would have to check my bank account first.

Under no circumstances give them these details. If they 'phone back tell them that you have written to them & from now on everything must be in writing and you will not discuss financial matters on the 'phone. You must be firm with them.

[cerberusalert]

The default notice is important so if you can find it, post it up.

[cerberusalert]

I'd wait for the time being to see what the CCA request reveals.

[cerberusalert]

Do I need to worry about this letter?

 

 

No, it's their standard rubbish reponse. just ignore it.

[cerberusalert]

Have you found the default notice yet?

[cerberusalert]

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

[cerberusalert]

Right, now I'll explain why I harped on about you uploading the DN.

 

They have to give you 14 days from service of the DN to remedy the default otherwise the notice is defective. In your case they haven't done that, they haven't allowed for postal service. When this happens and they terminate the a/c it is called 'Unlawful Rescission' of the a/c & all they will legally be able to claim are the arrears up until the default. The remaining balance will have to be written off.

 

Keep that notice very safe along with the envelope if you have it. Do not let them know that it's defective otherwise it gives them the chance to reissue a correctly served one. All you have to do now is wait for them to terminate the a/c.

Edited July 22, 2009 by cerberusalert

[cerberusalert]

That's good, now all we need is the copy of your CCA. If that's unenforceable they are entitled to zilch, if it is enforceable they are only entitled to the arrears.

[cerberusalert]

I'll re-upload your DN for you because the thumbnails are too small & it will give the others a chance to see it.

 

 

 

.

[cerberusalert]

Have a read through http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html it might explain things.

[cerberusalert]

I'd withold payment, they said in post #15 that they would withold collection activities, but since you haven't received the CCA you might as well send Moorcroft this instead; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[cerberusalert]

Yes send morecrap the letter.

[cerberusalert]

Do not 'phone Moorcroft.

 

Make a complaint to your local trading standards via Consumer Direct Consumer Direct - Contact us & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

Moorcroft are required under CCA 1974 to produce the CCA;

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.

 

Send this to Moorcroft;

 

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) 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, 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 reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

[cerberusalert]

No, just complain to TS & the OFT and emphasise that Moorcroft are refusing to comply with your CCA request.

[cerberusalert]

Just state on the form that you made a legal request under CCA 1974 to Moorcroft for a copy of your consumer credit agreement and they have refused to provide it even though they were reminded that they are obligated under, s.175 of the CCA 1974 that if they are not the creditor it's a case of a simple assignment, in the case of an absolute assignment, they are the creditor as defined by s.189. and if they contended that they purchased the rights but not the duties of any agreement, they were reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

[cerberusalert]

The CCA request goes to whoever is chasing you for the money. It is their responsibility under CCA 1974 to provide it, whether they own the a/c or are acting as agents for the creditor.

[cerberusalert]

You don't have to pay anything whilst they are in default of your CCA request. They can't take you to court without an enforceable CCA & even if they did you have a complete defence.

[cerberusalert]

Don't let them get to you, they know they're stuffed without an enforceable agreement & they're trying to wear you down.

[cerberusalert]

 

Make a complaint to your local trading standards & the OFT with regards to their harassment, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf