My Struggle against Moorcroft & Studio

[thepalace1]

Hello Everyone, just looking for some advise on my next step please.

 

 

I sent a cca request along with £1 po to Moorcroft in relation to a Studio Cards & Gifts Account.

 

Today (Withing 12 + 2) they sent me a reply. Cant scan today but will transcribe.

 

Letter From Moorcroft dated 22 July 2009

 

Mr xxxxx xxxxxx

xx xxxxx xxxxxx

xxxxxxxx

xxxx xxxxxxxxx

xxx xxx

 

Dear thepalace1

 

RE: Moorcroft Ref: xxxxxxxxxxxx

Client Ref: xxxxxxxx

 

Thank you for your letter. At this stage we are currently unable to provide a copy of the agreement as we have been in contact with our client )Studio Cards & Gifts) who have confirmed that the original credit agreement was sent with your first invoice and you were instructed to keep the document in a safe place.

 

If there are any areas where you feel that a dispute in relation to the account still requires resolution please provide details. If this is not the case we look forward to receiving your settlement proposals.

 

Yours sincerely

 

SIGNED

 

Mrs K Murray

Operational Support Supervisor

 

 

------

 

Well, any advice would be super. Thanks in advance, thepalace

 

Oh, and I got my £1 back aswell

[berrylover]

They have to have a copy of the CCA too and they have to provide you with a copy upon request. Send them this back, unsigned and via recorded delivery. If they have passed the 12+2 you have no legal obligation to make a repayment, but that is your decision

 

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

 

Re: Account no: xxxxxxxx

 

Thank you for your letter dated (enter date) which has been noted for future reference.

 

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(6) 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).

 

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.

 

Yours faithfully,

[clemma]

I think the OP has already sent that letter.

 

I would wait until the 12+2 days are up then send them the dispute letter. It makes no odds whether you have a copy or not - they have to have one to enforce it in court should it ever get to that stage.

[spamheed]

Complete twaddle, they are required by law to furnish you with the CCA and this is not an acceptable response, in all likelihood Studio don't have one.

 

Moorcroft rely on the CCA regulations for their livelihood so they know the law a lot better than you.

[natalie]

Studio dont have any originals, they send "sample copies" and then when you dispute it they tell you that they dont have the original right now, and know that they cant enforce it, but they are still going to chase you for it.