Advice Needed

[Driven]

In 2004, I got into debt with Great Universal Stores and the debt was passed to Moorcroft. I cant remember the exact amount owed, but I agreed to pay the debt off at £1.00 a week. All went well until July 04 when I wrote to them advising that I would be moving house at the end of the month, I also requested a new payment book as there was only 2 payment slips left in the book I had.

Some five weeks after moving, I recieved a letter from them saying that as I had failed to keep to the repayment plan, they wanted the outstanding balance in full, within 7 days. I think it was about £120. I phoned them and explained that I had requested a new payment book and the receptionist said “they hadnt recieved my letter”, she went on to say that if I didnt pay in full, they would take me to court. I never heard anymore from them.

Early in 2005, I recieved a letter from “a solicitor” whose address was the same as GUS, demanding full payment. I replied advising him of the above, but I got no reply.

Later in 2005, I recieved a letter from an agency in Yorkshire, who demanded £150+ within 7 days. I phoned them asking where they got this figure from and I was told “admin charges” I told them that I felt this charge was unjust, as it wasnt my fault that I hadnt been able to pay off the debt, I also said that I was prepared to pay the debt, but not the additional charge. I was told that they would only accept payment in full and if I failed to pay they would take me to court and court costs would be added to the debt. Surprisingly, I never got took to court and have heard nothing from them since.

Today, I have recieved a “Final Notice” from a THIRD company called ScotCall, they are demanding £175 and threatening me with court action.

My fear is, that if it is possible to make arrangements with this company to pay the debt off on a weekly basis, that given time, they will pass the debt to yet another agency and I will incur further charges.

Can anyone advise me of what I can do (if anything) about this.

Thanks.

[cerberusalert]

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

[Driven]

Many thanks for your prompt reply, its much appreciated

[Driven]

I wrote to the aforementioned company on 13th August and recieved this reply, along with my postal order today.

[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 see it properly.

[Driven]

Thanks.

 

Prior to opening an account at tinypics, it might be easier to just type out what the letter actually says.

 

QUOTE:

 

19 Aug 2009

Please find enclosed a cheque relating to an account we are no longer dealing with.

It was returned to our client on 17/08/2009

Please contact them at the address supplied quoting their reference number xxxxxxxxxxxxxx

[cerberusalert]

Ignore it & wait until someone else contacts you then send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

BTW you don't have to open an a/c with tinypic you just upload straight away.

[Driven]

Many thanks.

[Driven]

Today I have received this reply from a company called CAM, this is the first letter I have received from them.

 

[cerberusalert]

Send them the letter in post #8.

[Driven]

Thank you very much

[Driven]

Does this letter have to be sent recorded delivery ?

[Guest wino]

It is best to so you can prove they received it.

[Driven]

ok, thank you.