Mint, Triton and an unsigned CCA.

[DonkeyB]

I just hope it's nothing too serious!

 

AIC are idiots of the highest order. You're dealing with them well so far.

[F_DCAs]

Do not inform AIC that you are in work - they're entitled to know precisely nothing about you or your past/present circumstances!

 

If that letter is from AIC (which I doubt), and they're interacting with your employer behind your back, then this is intrusion of the worst kind - and should be treated as such.

 

As it is, AIC are, as DonkeyB has aptly pointed out, numpties.

 

Sounds like the letter you got is a generic letter (usually sent after the yellow card), and AIC will drop your case like a hot potato if you begin to cause difficulty for them.

[MorganaNK]

Yes, when I got difficult with AIC they went quiet... and then I heard from the OC (who have admitted they don't have the CCA) saying that AIC had advised them to take legal action. I have told them, by recorded delivery, exactly where they can place their threat of legal action!!!

[Pinky69]

Like all bullies, AIC go fairly quickly once you have told them to go forth and multiply.

[tiokim]

The letter, the letter, what about the letter???? please let us know....

[Darkness]

The letter, the letter, what about the letter???? please let us know....

Ha ha ha... not from AIC.

 

The letter that they told me was important and I had to go to see them about this week as it was urgent

and couldn't wait until next week

(which was why I kinda lost my head and imagined all sorts of things)

was in fact just a mere rap over the knuckles for not following the proper proceedure after being snowed off from work.

 

They wanted me to jump through hoops to get the stupid letter,

I was annoyed and also relieved that it was so menial!

Panic over for now...

[tiokim]

Glad to know the letter was not from AIC. I think you should now make an official complaint about AIC to the Financial Ombudsman and your to your local trading standards office. It will make you feel better and you will be helping to weed out people like them from the debt collection trade. You have to follow complaint procedures, starting with an official complaint to AIC. They may reply but probably not so send it recorded. After 30 days you can file a complaint to the FO. I manage to get £300 as compensation for distress and harassment. The FO is aware about the way they behave. In my case they never reply to letter from FO. The important thing is that the Office of Fair trading will only close them down(not renew the license) after a number of complaints, so is vital that we all make official complaints

[NailPost]

Before making a complaint to the Financial Services Ombudsman you have had to make a complaint to AIC and allowed them the eight week period allowed for them to resolve the complaint to mutual satisfaction.

 

You could write to them telling them what Mint have said and unless they have the paperwork then they have no right to be chasing you. Ask for their complaints procedure, they must have one as it forms part of their Consumer Credit Licence, and they must send it to you on request. Make the complaint as outlined and if you get no joy push the complaint a bit higher to the Financial Ombudsman.

 

There is nothing to stop you from reporting the cretins to OFT now but just don't expect themto come charging over the hill to slap AIC down. That's not their style at all.

[B3rty]

Darkness

 

Good example of paranoia which everyone sufferers from and you need to draw on this experience next time you feel threatened or out of control with them.

 

No CCA then they havn't got a leg to stand on and would be very stupid to litigate with this and the important word in any threatogram is always "may" or " Consider"

 

Many other folk have started where you are and learned enough to defend themselves against these threats

 

You might want to try this letter to them which has worked for me and I have added the Carey & McGuffick stuff to bring it up to date

 

: Dear Sir/Madam

 

ACCOUNT IN DISPUTE

 

Account number:

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with [DCA Name] and has been since xx-xx-xxxx.

 

I have a letter on file from [DCA Name] dated xx xx xxxx explaining they cannot find a copy of the alleged Consumer Credit Agreement

 

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 may pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

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

As [DCA Name]are now in default of my Consumer Credit Act request I consider this account to be in SERIOUS DISPUTE.

 

As a debt collection agency you may not have access to trained legal advisers so I would advise you to seek expert opinion and consider your actions carefully while my Consumer Credit Act request remains in default

 

I would respectfully suggest that this account is returned to [DCA Name] for resolution of these defaults and breaches, as you cannot lawfully pursue any enforcement activities as established by recent case law Carey V HSBC Bank Plc [2009] EWHC 3417 where Judge Waksman referred to McGuffick V RBS [2009] EWHC 2386 as part of his summary judgement

 

If [DCA Name] 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.

 

I am of the opinion that any continued pursuit by yourselves will be a direct violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines and I will also file reports with the aforementioned bodies.

 

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing to confirm your discontinuance in this matter.

 

Yours faithfully

 

 

[Darkness]

Thanks for the advice and letter B3rty!

[themagician]

I am sure that they cannot send a letter like that to your employer. Only a judge could grant a charging order, this sounds really wrong if they have disclosed any info to your employer, Im sure someone more knowledegable will be along shortly

at this stage where does it say they have sent a letter to his employer??.

[themagician]

AIC is a right nasty bunch.

They may have written to your employer but it won't be an attachment of earnings order as they need to have obtained a judgment in order to then obtain an AoE order.

Are you sure that AIC even knows who your employer is?

 

Since you don't actually know what the matter is about yet it sounds like a slight case of paranoia, albeit perfectly understandable.

 

Anyway, sleep well. Worrying isn't going to change things one iota.

thankyou well said!

[Darkness]

I've been having an ongoing problem with Mint since July 1st 2009.

 

I owe them £ *******.

 

The debt was passed onto Triton. I asked them, after advice from here for a signed copy of my CCA.

 

After loads of hassle with them I got a letter from Green & co solicitors telling me they would take me to court.

 

I dealt with them in the same manner,

only for Allied International Credit to get on my case.

 

Finally I got an admission by Mint that they did not have a signed CCA.

 

I told this to AIC and never heard anything else from them.

 

Now 4 months later I've received a letter from Moorcroft Debt Recovery Limited (Pre-Court Division).

 

We have been instructed by MINT (FORMERLY RBS ADVANTA)

 

To collect your overdue debt of £*******

 

It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued.

 

We believe that this letter fulfils this requirement even if it is not actually read by you.

 

To prevent our recommending to our client that solicitors commence legal proceedings,

it is essential that you settle this debt without delay.

 

Payment should be submitted in full within 7 days or contact made with this office immediately,

by telephone on 0161 475 2817 or by letter, with your payment offer.

 

Both our client and we do not wish to take this action but if agreement cannot be reached by 28/04/10,

a claim may be issued by our client's solicitors without further notice.

 

We would draw to your attention that if Judgement and an order for repayment in full is obtained and remains unpaid,

the following enforcement options are available and may be considered.

 

1. Warrant of execution by bailiffs against goods owned.

 

2. Application for attachment of earnings order with your present or future employer.

 

3. Application for a charging order on any property you may own or are purchasing under a mortgage

(where the balance outstanding is of a sufficient level).

 

We would emphasise that should Judgement be entered against you this may affect any future credit application you may make elsewhere.

 

We would also draw your attention that all legal costs incurred are usually payable by the debtor.

 

All payments must be made payable to "Moorcroft Debt Recovery Ltd" and forwarded with this letter to the above address.

 

I'm puzzled as to why this is the 4th firm that have tried to get me to pay up and all have failed.

 

Why does my debt keep getting sold on.

 

Last time I got a brilliant letter from B3rty to send AIC that quoted the case Carey v HSBC plc and McGruffick v RBS.

 

Should I just send Moorcroft a copy of this letter? Can they take me to court without a signed CCA?

 

Some advice would be great.

 

Thanks in advance!

Edited April 30, 2010 by Darkness

[alfwithhair]

Usual Moorcroft B*llocks

If you have it in writing from MINT that there is no signed agreement, just tell them to feck off, nothing in there letter is relevant as without a signed agreement they cannot enforce in court.

 

They haven't bought the debt, they have been assigned by MINT to try and collect on it, as MINT know they are on the road to nowhere without the correct paperwork

 

These letter are just designed to scare you into contacting them.

Dont speak to them on the phone

Don't give them any personal or banking details

 

they will pester you for a few months with their various pre this and that dept, which are all the same place.

 

Just send them a similar letter to what you sent AIC and relax

[Darkness]

Thanks for the advice!

I'm starting to get annoyed with all these companies getting in touch with me though,

just when I think it's going quiet another one pops up...

[jamanji]

Yo Darkness,

just listen to the folks on here, take there advise (its brilliant) they will guide you to the end with there experience, i certainly am

good luck

[Desperate Daniella]

Hi Darkness, and welcome to CAG.

 

Firstly, take out the figure in your letter. It's so precise it could identify you and the DCAs do watch CAG.

 

You've seen off AIC, and they are one of the worst, so congratulations on that.

 

Sadly, even if a creditor knows full well they don't have an agreement that doesn't stop them flogging the debt on to someone else - and of course they don't give that new company any history about being challenged on the debt, having no agreement, or anything else. The latest DCA therefore sends out their letters in a spirit of optimism and expects to get paid. Oh dear.

 

I've got loads of letters like yours from Moorcroft - pre-Court division, pre-Litigation department, and so on. I used to say on the forum I could paper the cloakroom with them, but I'll soon have enough to do a bedroom.

 

I've only ever heard of them taking someone to court once, when the 'victim' was away and missed the hearing date, and that was set aside, and then Moorcroft admitted they didn't have an agreement, and wouldn't be pursuing it further.

 

You will learn, as I did, to interpret the DCAs' letters. It's all "we may", "we could", not paying "may result in" and so on.

 

Just send them the same letter you sent to the others, as Alf says.

 

DD

[dx100uk]

pers i'd not bait them

you are on a phishing list

 

it will matter not what you send, they certainly will not fwd on that you have chased them off else the next phisher will not buy you alleged debt on the list

 

ignore.....

 

dx

[panther12]

If you’ve got tryiton off your back then you’ve done well and shouldn’t have any problem with moroncroft. We’ve got to the green & co stage but it’s all gone very quiet this last couple of weeks – even the several calls a day have dried up.

[PGH7447]

Thanks for the advice!

I'm starting to get ****ed off with all these companies getting in touch with me though, just when I think it's going quiet another one pops up...

 

 

Only 3 dca,s and 1 solicitor

 

I think my record was,

DCA's = MCS; Moorcorft; equidebt; capquest, ist credit

Sols = HL Legal; LCS

 

it all becomes quite fun in the end - if a bit tiresome

[Darkness]

Thanks everyone for the advice.

Yeah, it's starting to get tiresome, but fun...

Time for a bit of letter writing...

[Desperate Daniella]

The thing is that at the beginning if you have loads of different cards you are inundated with DCA letters, but if you start batting them all straight back eventually it gets much, much quieter. Then you get a flurry from some new ones every now and then, but all you really have to do then is cut and paste the letters to the new ones, because everything you have said about prescribed terms and so on is already there.

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[Darkness]

I wish I had them on file, but it'd do me no good as my computer has no printer. So a good old pen it is for now...

Thanks DD for all your help. It's nice to know that there is help to be found, at times it really gets to me...

[Desperate Daniella]

It gets to all of us, Darkness, but we just learn to cope with it better as we see them off. I think you've done very well so far.

 

What's brilliant about this forum is that if you get a letter from a new one you can always search to see what to expect and how other people have dealt with them.

 

DDx