moorcroft

[scouser9]

Hiya Priorityone,

 

Just to say thanks for the letter it will be very useful in the next couple of days and thanks for the very fast transfer of the letter.

 

Keep on Claimimng your right

Mikey

[IIIUMINATI]

Help each other not the DCA`s

If you have sent letters to a DCA and have proof of delivery you do not have to remind them. It is there problem if they do not respond.

By writing you may just put your request to the top of the pile and they may just find the doc`s within the time frame.

They will jump on you fast enough given any opportunity think of the postage too.

[IIIUMINATI]

Help each other not the DCA`s

If you have sent letters to a DCA and have proof of delivery you do not have to remind them. It is there problem if they do not respond.

By writing you may just put your request to the top of the pile and they may just find the doc`s within the time frame.

They will jump on you fast enough given any opportunity ( think of the postage too)

[scouser9]

Hiya Guys and Girls,

 

Just to keep you all updated, as of today the 16.02/07 there are 3 companies recieving the amended letter highlighted by priorityone by me.

They are Moorcroft bas%$^%$, Cabot, and last but not least, JB Dept Recovery.

They are going to sent by recorded delivery first thing in the morning.

 

I have had enough of their bullying tactics and I am going to fight all the way to the courts if needed.

 

Thanks Priorityone for a helpful letter and I will be useing it to them all.

 

Thanks

Mikey

[PriorityOne]

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

[scouser9]

Hi Guys and Gals,

 

Just to say letters have gone off,and waiting to print reciept signatures.

My next question is once these people have recieved their letters what is my next course of action.

Espiecally with Moorcroft can I request the money that I have already paid to them at the door back and if so how do i go about it, is there any template letters to help in this action.

 

Thanks

 

Mikey

[scouser9]

Hi to all,

 

Just to keep you informed that I have had no reply from Moorcroft, no reply from JB Dept Recovery, But I have had a 4 page reply form Cabot and I am opening a fresh thread for this beauty.

 

Here it is . http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/72094-cabot-all-help-apprieciated.html

 

Keep On Claiming The Right

 

Mikey

[JOSH_IOU]

If Moo cow crafters Limited (my nick name for them in the brown suites) can not produce the info how do we get them to stop issuing threatening letters?

[FANTASY CHARGES]

If Moo cow crafters Limited (my nick name for them in the brown suites) can not produce the info how do we get them to stop issuing threatening letters?

 

 

Protection from Harassment Act 1997

its supposed to be section 40 !!!!!

 

http://www.opsi.gov.uk/acts/acts1997/97040--a.htm

[scouser9]

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.

[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.

[scouser9]

Thanks Priorityone,

 

I think I will leave that alone then eh!!!

 

Thanks

Mikey

[scouser9]

Hiya Guys And Gals

 

Just to add if we are not careful the Bailiffs are going to get more power to break and enter your house for goods or monies owed. Please click on the link below and join the petition that we need to sign on line to stop this dead.

 

We the undersigned petition the Prime Minister to Restore the ancient rights of British citizens to refuse the forced entry of bailiffs.

 

Come on guys keep fighting for the right

 

Thanks in Advance

Mikey

[PriorityOne]

Already signed a few weeks ago....

[scouser9]

Hi Guys,

 

Just to update everyone about my timescales against all the DCA's

 

Lowell Portfolio & Lowell Financial = 46 Days Total

Moorcroft = 96 Days (Never had a reply from at all)

Cabot = 90 Days ( Still exchanging letters)

JB Dept = 94 Days (Never had a reply from them either)

 

 

And still I am counting the days.

 

What do you think I should do about Moorcroft or JB Dept as they have never replied from my first letter and it was Moorcroft door bouncer told me at the door he would be back, that started me off on this trail. perhaps I should send them both a second letter letting them know where I stand, and also show that I tried to commicate if needed further down the line.

 

What do you all think

 

Thanks

 

Mikey

[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.

 

[scouser9]

Hi Guys,

 

Yes thanks PP I will follow your direction and wait to see what happens from them next.

My Cabot thread is still running letters to and fro as yet, but I will keep everybody up to date as and when it happens.

 

Thanks again PP

 

Mikey

[baloney999]

Hi all,

I just signed the petition re bailiffs earlier in this thread and I encourage everyone reading this to do so.

[scouser9]

Hi all,

 

I am back with an update as to what as happened with Moorcroft. Well if you go back in my posting I have never heard anything from Moorcroft since 13/ 12 / 06.after me sending in my SAR.

 

But as I previously stated they were acting o behalf of Aktiv Kapital (UK) Ltd of Chester. Well today I recieved an interesting letter and I thought I would post it for you lot to have browse and please leave your remarks clean please. I would also be very grateful if anyone could pen a reply draft for me please as you all know I am useless at writing letters to these bum holes. the letter follows

 

AKTIV KAPITAL

HAMILTON HOUSE

CHESTER

CH1 2 BE

Tel : 08701-609543

Fax: 01244 - 314635

e-mail: [email protected]

Dear Mr Scouser9

We tried to obtain the copies of the original documents on your behalf but unfortunately we been informed by the selling bank that these cannot be retrieved from archives.

The Credit Services Association, of which this company is a member, advises in its guidelines that the debt sale process can be complex. However states that members of the Association are to deal with requests under section 77(1) as though they were the originating creditor, in so far as they are able to. The CSA states that it is up to each member on an individual basis to decide how far to comply with the Act. It is the decision of this group to seek to adhere to the provisions of the Consumer Credit Act as much as possible, but we have not inherited the liabilities of the original creditor, for instance having to prove a copy of the original agreement.

We did not provide you with the original facility. We purchased your outstanding debt balance and the right to collect that balance. We did not purchase the documents; consequently there is not an obligation to provide you with any copies. When accounts are legally assigned, we do not purchase the liabilities of the original creditor.

However, as a matter of good practice, we have tried to obtain copies from the original credit grantor. As we have previously stated, these are not available.

Entirely without prejudice, we would be prepared to accept 50% of your debt as full and final settlement of the account. As a gesture of good business practice we shall, on receipt of payment, update your Credit File to show the account as paid in full. That should be of future benefit to you.

Our offer is made on condition that payment is received within 3 weeks from the date of this letter and is made simply to try and resolve matters amicably.

In line with our official complaints procedure this letter constitutes the company’s Final Response.

We reserve the right to litigate and to produce a copy of this letter in Court, on the the subject of costs.

We await your response

Aktiv Kapital (UK) Ltd

 

 

Can you please go over it for me

Thanks in advance

 

Mikey

 

Keep on Fighting the fight

[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 !!

[Lula]

yep, tell em to do one, they are trying to salvage something from a bad situation. I will enjoy priorityones letter I am sure

[Seahorse]

HOHO. Just write back and say that, as you have no recollection of ever having signed an agreement, and that they are unable to prove that such a document ever existed, in the most amicable way possible, you suggest that they cease all attempts to collect on what is patently a non-debt, and that they cease processing all data in relation to the account. This to include removal of ALL adverse information placed with any third party, including the CRAs.

 

You reserve the right to escalate matters to the appropriate regulatory bodies igf they do not comply, and you do not rule out court action of your own as final resort.

 

You trust that this will not prove necessary, as the fiscal implications for them would be an unwelcome burden on them.

 

Give them 7 days to reply, and if they do not feel they are able to comply, then would they please forward a copy of their complaints procedure.

[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,

[brecken]

Hi all,

 

I am back with an update as to what as happened with Moorcroft. Well if you go back in my posting I have never heard anything from Moorcroft since 13/ 12 / 06.after me sending in my S.A.R - (Subject Access Request).

 

But as I previously stated they were acting o behalf of Aktiv Kapital (UK) Ltd of Chester. Well today I recieved an interesting letter and I thought I would post it for you lot to have browse and please leave your remarks clean please. I would also be very grateful if anyone could pen a reply draft for me please as you all know I am useless at writing letters to these bum holes. the letter follows

 

AKTIV KAPITAL

HAMILTON HOUSE

CHESTER

CH1 2 BE

Tel : 08701-609543

Fax: 01244 - 314635

e-mail: [email protected]

Dear Mr Scouser9

We tried to obtain the copies of the original documents on your behalf but unfortunately we been informed by the selling bank that these cannot be retrieved from archives.

The Credit Services Association, of which this company is a member, advises in its guidelines that the debt sale process can be complex. However states that members of the Association are to deal with requests under section 77(1) as though they were the originating creditor, in so far as they are able to. The CSA states that it is up to each member on an individual basis to decide how far to comply with the Act. It is the decision of this group to seek to adhere to the provisions of the Consumer Credit Act as much as possible, but we have not inherited the liabilities of the original creditor, for instance having to prove a copy of the original agreement.

We did not provide you with the original facility. We purchased your outstanding debt balance and the right to collect that balance. We did not purchase the documents; consequently there is not an obligation to provide you with any copies. When accounts are legally assigned, we do not purchase the liabilities of the original creditor.

However, as a matter of good practice, we have tried to obtain copies from the original credit grantor. As we have previously stated, these are not available.

Entirely without prejudice, we would be prepared to accept 50% of your debt as full and final settlement of the account. As a gesture of good business practice we shall, on receipt of payment, update your Credit File to show the account as paid in full. That should be of future benefit to you.

Our offer is made on condition that payment is received within 3 weeks from the date of this letter and is made simply to try and resolve matters amicably.

In line with our official complaints procedure this letter constitutes the company’s Final Response.

We reserve the right to litigate and to produce a copy of this letter in Court, on the the subject of costs.

We await your response

Aktiv Kapital (UK) Ltd

 

 

Can you please go over it for me

Thanks in advance

 

Mikey

 

Keep on Fighting the fight

 

 

I received excact same letter yesterday, and Im not the only one, see my thread aktiv kapital, me thinks they are hopeing if they send enough out someone soft sod might just give in and pay them.

 

Brecken xxxxxxxxxxxx

[scouser9]

Thanks for the speedy reply and help with the drafted letter, I will be altering afew things on the above and posting for your recommendations also i will be sending them 2 copies one byrecorded letter and the other by e-mail as i have both address's I thought I would use them the they cannot say that they did not recieve either. And as my e-mail asks for reciept it would 2 ways of holding them responsible of reciept.

 

Thanks for all the replys

and thanks to brecken and curleyben for all your help and thanks priotyone for the well written letter

 

Keep on Fighting the fight

 

scouser9 ( mikey)