moorcroft

[PriorityOne]

Moorcroft are also one of mine and the 42 days are up for them on Monday. I cancelled my Standing Order with them shortly after the 12 day default and have heard absolutely nothing !! I have not reminded them of their responsibilities because I have always believed that they should have been aware of them in the first place, before demanding payments from me.

 

By my calculations, they have had approx. £1,180 over the past 4 years and I will be making a claim for this money in due course.

 

Wish me luck...

[PriorityOne]

Hiya Scouser,

 

I think that you can adapt the prelim. letter to re-claim all you have paid. I have drafted up a letter of my own to send to Moorcroft... they owe me around £1,100.... but I am expecting a battle to get it back. I assume the usual procedures apply as if you were re-claiming bank charges... but as I have not taken these steps yet, I cannot advise on it properly.

 

looking at your sig., you seem to have some idea how it goes already...

 

[PriorityOne]

You're very welcome.... ... and good luck.

[PriorityOne]

Hiya Guys and Gals,

 

Just to say that I have still not heard from Moorcroft, its been 12+2+30+ many more days since I sent them my first letter, so it is on the compliants track I must go now I intend to complian about these tos%^&s to all governing bodies.

 

But nobody as come back with an answer for me as yet,

CAN I CLAIM MY MONEY BACK FROM THE GORILLA WHO KEPT COMING TO MY DOOR

 

Thanks

Mikey

 

Keep Claiming The Right After all its your right.

 

Hi Scouser,

 

I started off with the same idea as you.... to re-claim all payments back after the 12 days + one calendar month default, but I then discovered it wasn't quite as simple as that.

 

It seems that although Moorcroft may not be able to comply with your request for a CCA, they will have had a Deed of Assignment from the original creditor upon sale of the debt. This means that, although the debt is unenforceable in court (no CCA), Moorcroft will have proof that the debt exists (Deed of Assignment)... which means that you would lose if you took them to court over this.

 

You are probably wondering.... "but what if they don't have a Deed of Assignment ?" Unfortunately, there may be no way of knowing this for sure before going to court. They are not going to tell you if they still have it and they are not going to send you a copy because it is covered by the Data Protection Act, 1988.

 

So, I am not saying that you can't do it..... but it would be a huge gamble on your part if you did take it to court. The only way you could win is if they were not able to produce a D of A in court.

[PriorityOne]

Already signed a few weeks ago....

[PriorityOne]

There is no need to write anything Scouser. I have also not heard from Moorcroft for ages..... CCA request was made in January and their Standing Order was cancelled after the 12 working day default.

 

Not heard a thing !! Fantastic !! If they contact me now without a CCA, they will have to go to court to re-enforce it and possibly explain why it has taken so long to appear. Therefore, any contact in pursuit of payments will be deemed as harrassment and dealt with if/when it happens.

 

In the meantime, I am not worried and you shouldn't be either. Just make sure you hang on to all correspondence, rec. delivery slips, etc.

 

[PriorityOne]

Basically, the stupid bergers can't re-enforce the debt because they haven't got any paperwork.... but are hoping you're not savvy enough to realise. . For your amusement, the letter also has some creepy undertones that you don't normally read from DCAs... such as "try and resolve matters amicably" and "as a matter of good practice".... although my favourite is the bullpoo in paragraph 2 from their friends in the CSA....

 

If you still want a letter, I will post one up later unless someone else beats me to it.... lol !

 

Excellent result !!

[PriorityOne]

Ok.... here is a suggested letter, as promised. As always, please fell free to add/delete/edit, etc. If happy, send by rec. delivery....

 

Dear xxxx

 

Ref xxxx

 

Thank you for your letter of xx/xx/2007. I have reviewed your response to my concerns and now write with my own final response.

 

To date, xxxxxx, xxxxxx and xxxxxx have all failed to comply with my statutory request for a true, signed copy of a regulated credit agreement and have therefore defaulted in respect of the above account.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974, regardless of whether an account has been passed/assigned/sold and as such, is a complete defence in any court claim that may be issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law.

 

This means that any attempt by your company or any other company to enforce collection on the above account will represent a further offence until such time as the original Consumer Credit Agreement can be produced and re-enforced in court (Consumer Credit Act, 1974).

 

In view of your comments in the aforementioned letter, I have no alternative but to assume that you never had such documentation in your possession following the purchase of this account. Furthermore, as it's now apparent that you will never be in a position to comply with my request, I cannot ever confirm that I have given authority for my personal data to be processed by any third parties.

 

Therefore, under the Data Protection Act, 1998 please take notice that as from receipt of this letter, I require you to cease and desist from processing any personal data and, that you do not begin to process, communicate, pass or sell any personal data of which I am the subject, to any other third party.

 

I trust this clarifies your position and mine.

 

Yours faithfully/sincerely,

[PriorityOne]

 

With regard to my personal data and your failure to produce the aforementioned documents, I also require that you remove any reference to this alleged debt from my credit files; Experian, Equifax and Call Credit and request an immediate cessation of any processing of unsubstantiated data to third parties under provision of The Data Protection Act, 1998 & The Consumer Credit Act, 1974.

 

Take note I have also complained to (the) Trading Standards, The Office Of Fair Trading, and my Member of Parliament about your conduct in this matter and have questioned your right to hold a Consumer Credit Licence.

 

(If you fail to respond or abide by any of my instruction without justification, within the next 14 days, then I will have no alternative but to begin legal proceedings for the full recovery of monies owed, plus interest, plus my costs and without further notice.)

 

 

I trust this clarifies your position and mine.

 

Yours faithfully/sincerely,

 

Scouser9

 

 

Keep Fighting the Fight;)

 

Hi Scouser,

 

Have made some suggestions in orange. I would remove the last para (brackets)...as this is very unlikely to happen and they will see it as an empty threat, although it probably won't do any harm either.