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Is there any formal procedure for handing over to DCA?


carrs09
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made a CCA request to Allied International (they appear to have bought my credit card from Natwest). They sent an internet application after 15 days and I immediately informed them that they were in default and that the agreement was now unenforceable.

 

Here is what they have now told me:

"because the agreement was made online, you accepted the terms and conditions once you clicked the box to confirm; you therefore entered a legally binding agreement ...... there was never a signed paper agreement and consequently a paper copy cannot be produced

 

...... the document you were sent (i.e. the internet application) is derived from your application and provides proof of the online contract ...... we have therefore supplied you with a copy of your valid agreement ..... so the account is not in default and remains enforceable under the provisions of the Consumer Credit Act"

 

Is this right? Thanks folks

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Send them this;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

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  • 3 months later...

Hi All

Can anyone shed me some light on this. I have an overdraft with Natwest dating back to 2003. This was defaulted after I had some financial problems. Since then I have been on a reduced monthly payment plan.

 

Now, out of the blue, I have had Moorcraft suddenly send me letters demanding full payment and threatening court action. This is despite the fact that the reduced payment plan is still in place.

Are they legally entitled to do this? Is there no formal procedure that should be followed. What is my best way forward?:confused:

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things like this make me realy mad

 

moorcroft can frack off

 

they wont take this to court, you making payments and then this lot threaten to hang draw and quarter

 

a judge would laugh them out of court

 

its mind games again to get you to phone them

 

never, never phone a dca

 

everything in writing

 

have you had any statements

 

do you know how much of the debt is still out standing

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Thank you for your response Postggj.

To answer your questions, yes I have had statements from Natwest and I am aware of the balance outstanding. I actually have a bank charges claim pending as well.

So what should I tell Moorcroft then? I would like to write them a stinging letter but I am not quite sure of my legal position?

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  • Haha 1

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Presumably you are still paying natwest

 

Make a formal complaint to Natwest & Moorcroft that NatWest are using moorcroft while natwest are accepting payment from you. Ask for a copy of their complaints procedure. Regardless of the outcome, in 8 weeks or after final response, report to FoS.

 

Report to Trading Standards (via consumer direct) immediately

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