CCA request.letter recieved in answer..

[shi-tzu]

I am confused with the response that was recieved in the letter I received from Moorcroft debt recovery. when I sent of for a cca with £1 p/o. The letter clearly states that they regret because of the age of the account over 6 years old their client is unable to produce a copy of the document..so they returned my £1..they then went on to say that their clients believe that the balance remains due & payable.so they want immeadiate payment of this sum. Also in this letter they say The Information commisioners office has confimed that whereas a debtor is not obliged to repay the account due to the provisions of the consumer credit act. this does not mean that their was no enforceable agreement..can somebody explain this to me in plain English please..thanks.

[Guest Cartaphilus]

The letter clearly states that they regret because of the age of the account over

6 years

old their client is unable to produce a copy of the document..so they returned my £1..they then went on to say that their clients believe that the balance remains due & payable.

 

Translation maybe should be:

 

'We, at Moorcroft, believe it's still payable' because you have requested your CCA and we know what it means when one cannot be found/doesn't exist.

[BRIGADIER2JCS]

You need to send The Statute Barred letter the templates on here.

Basically you tell them that nit is stat barred and you will not be making any payments or offers of payments

The Office of Fair Trading Guidance states it is unfair to pursue a stat barred debt once the debtor has

stated they will not pay.

Send letter RD do not sign print name only.

Edited August 24, 2010 by BRIGADIER2JCS

[rebel11]

shi-tzu

 

when did you last make a payment on this account?

[harrassed senior]

Send this, not the SB:

 

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[shi-tzu]

Thank you Harrassed Senior..I will send of the letter right away...Yes. you are correct in assuming that Moorcroft have not sent me what I requested.in my letter.I copied the CCA template letter off here.& followed all the instructions correctly..as well as the CCA I also asked them to send me statement of account .neither have been sent..

[shi-tzu]

I have paid on this account within the past 6years;

shi-tzu

 

when did you last make a payment on this account?

[ScarletPimpernel]

I'd edit the letter. They have responded, albeit with a lot of drivel. Better to say that they have 'failed to comply' with your request.

[Halibutt]

Please bear in mind that the templates here haven't been updated yet - you need to make the amendments to the letter in red:

 

Should you refuse to comply, you must within 21 days provide me with a detailed

Breakdown

of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within

21

days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest

or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have

21

days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

[shi-tzu]

I received this letter in response..please be assured that your account is now on hold whilst we investigate this matter further with our client.and we will communicate their response to you upon receipt.. I was under the impression that Moorcroft had bought the account. are they bluffing??

[Guest Cartaphilus]

Standard generated gibberish. However, if they do own the debt then they shouldn't be having to 'investigate' anything. But at least they appear to confirm they don't have it in a round about way. Wait to hear from them and whatever they provide or not. Ignore any communication until they do.

[shi-tzu]

Since my last posting..I have just received a letter from Midas Legal Services..THE HEADING on the letter reads--Litigation Warning..they state that they are part of the Moorcroft Group, and go on to say that they are aware that you (me) have failed to reach a repayment agreement with Moorcroft. and they are now reviewing the account prior to legal action by external solicitors acting on behalf of our clients..to prevent possible further action you must contact Moorcroft debt recovery..I was under the impression. that Moorcroft had put this account on hold from there last corrospondance to me..WHAT NOW???

[ScarletPimpernel]

Send Moorcroft a reminder:

Dear Morons

 

FORMAL COMPLAINT

 

Re: (details of creditor, acccount no. etc.)

 

On (date) I formally disputed the above debt because you had failed to comply with the request I made pursuant to s.77/78(1) of the Consumer Credit Act 1974. In your reply, you indicated that (creditor) was unable to supply the agreement. I therefore formally disputed the debt. In these circumstances, you are obliged, under the Office of Fair Trading Guidance on Debt Collection, to suspend all collection activity.

 

Your letter dated (date), on your 'Midas Legal Services' letterhead, appears to be a clear breach of the OFT Guidance, and this letter is a formal complaint about your unfair practice. I require you to deal with my complaint under your complaint procedure, a copy of which I require you to send me without delay.

 

For the avoidance of doubt, the matter remains in dispute, and will do so until you comply fully and properly with my request for a true copy of the agreement.

 

Yours etc.

[shi-tzu]

Thank you SP.for your help.much appreciated. Letter as been written and will be posted today..will let you know the outcome...

[shi-tzu]

:smile:hi scalet pimpernel.. I have just recieved a reply to the formal complaint letter that was sent to Moorcroft..unfortunatly I am unable to scan same.as I dont have a scanner. So I will condense the subject in the letter.as it reads like a novel..ah ah.

Send Moorcroft a reminder:

[shi-tzu]

so here goes---From the info available to them it is their understanding that I am disputing the above account...because of my recent request for a copy of original agreement with their client..( clever Bs arnt they)They then go on to say...they would like to reasure me .that they receive all accounts in good faith(who are they kidding) and believe the info provided is accurate and the account is free from dispute..they say it is thier understanding that accounts of this type are refer to them under the terms & conditions of my original contract with thier client & section 9 of the lending code which all banks subscribe to...then more gobbly gook..to boring to write....they go on to say that they have tried to assist me in obtaining the documents I requested..and they provided me with their clients response..( due to age of debt not able to send me COA) Then at last...:-DAS their appears to be a genuine conflict of opinion here between my preception of the account in question & the views expressed by their client.it is clear there is an impasse here with regards to the account..so to cut a long boring story short,, they are returning the account back to their client.. so is this the END...hope so for my sanities sake.

[silverfox1961]

Hi

It is the end for Moorcroft but as sure as apples is apples, the original creditor will pass it on to some other poor sap who will attempt to chase you and the whole rigmarole starts again. You never know, once it's done the ever decreasing circle of DCA's it may end up back with Moorcroft. This is how they work.

Don't worry if another DCA does show up. We have letters to send them scampering off to mummy:-)

[shi-tzu]

Surely now the account is in dispute..That should stop any other D.C.A. persuing it???. otherwise what is the point of requesting A True copy of original agreement from DCA. As TSB. are the original Creditor,am I not best to contact them to ask them for Copy of Agreement?. or do I let sleeping DOGS lie??? dont fancy going on the many DCA merry roundabouts.... Thanks for all advice...

[shi-tzu]

Hi silverfox 1961..well here we go again---just recieved another DCA letter for above account..from IND ltd.followed by a letter fromSRJ debt recoveries..for same.IND ltd. write that they have been assigned by TSB bank.to take over the outstanding Balance..they go on to say--under the terms of this assignment and as defined in the DATA PROTECTION ACT 1998.IND ltd is now the data controller of your personal data contained in the records of this account..Then a week later I recieved a letter from S.R.J.debt recoveries.Stating IND ltd their client has attempted to contact you on numerous occasions ( this is ballony) so to cut the story short..( my words) they made tracing enquires for confirmation of my currant address..They threaten me with court proceedings without further notice..can you help me in what to do next.???

[BRIGADIER2JCS]

Hi, to save me reading all through the thread what type

odf account is this?

I did note one piece of advice, that doing

a CCA request put the account in dispute, strictly

speaking the failure to provide the CCA leaves

you the opportunity to put it in dispute.

The only restriction on the DCA is they cannot

start enforcement (court) action while the

dispute continues, normal collection action can continue.

 

Have you done a subject access request (DSAR) to the original

creditor yet?

 

Can you please post up the letters you have received, after

removing all personal data and bar codes, so the guys can advise

better?

[shi-tzu]

Thanks for the info Brigadier... But I DONT SEE ANY USE IN SENDING A DSAR To them as Tsb as already stated the debt is over 6 years old & they have no paperwork relating to this assumed debt to send me.. I already have sent a CCA to Moorcroft who where the initial dca..they threw the account back to TSB..who in turn have now sold it on to IND ltd.. I just need to know if I have to send out another CCA letter to these jokers..or would It have to be account in dispute letter..hope I have explained this clearly..

Hi, to save me reading all through the thread what type

odf account is this?

I did note one piece of advice, that doing

a CCA request put the account in dispute, strictly

speaking the failure to provide the CCA leaves

you the opportunity to put it in dispute.

The only restriction on the DCA is they cannot

start enforcement (court) action while the

dispute continues, normal collection action can continue.

 

Have you done a subject access request (DSAR) to the original

creditor yet?

 

Can you please post up the letters you have received, after

removing all personal data and bar codes, so the guys can advise

better?

[BRIGADIER2JCS]

I in that case they can all B orf.

Just send the SB letter and state you are not making any offers to pay

nor making any payment it is for them to give strict proof that this is not

stat barred, and see what they try on next.

 

Brig.

[PriorityOne]

I have paid on this account within the past 6years;

 

Then unfortunately, it's not stat. barred.

 

You don't need to send a fresh CCA if you've still got rec. delivery proof of the last one..... just inform the new bunch that you do not acknowledge any debt to them, that a CCA request was made to xxxxx on xx/xx/xx, you have written confirmation that this documentation is not available and suggest that they refer back to the bunch of muppets they got the account from because any further attempts to collect on an unsubstantiated account will be reported to the relevant authorities without any further notice.

 

Something like that....