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Trevor Munn threatening CCJ on disputed account?


Cobra29
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Hi All

 

Last year I sent a CCA request to Moorcroft Group who were dealing with my Egg Card Account on which I was making a monthly £1 token payment.

 

They returned my £1 fee and said that I had to get the copy CCA direct from Egg. After advice on the forum, I sent the dispute letter and heard no more.

 

Two weeks a go, I had a letter from ARC chasing payment in full. I wrote back saying the account was in dispute. They replied that neither they or Egg know anything about my CCA request and I should take the matter up with Moorcroft which I'm sure is not right?

 

The very next day, I recieved a letter from Trevor Munn Solicitors saying they will comence County Court proceedings in 10 days if I dont repay the account.

 

My question is, where do I stand with this and what should I do next?

 

I would really appreciate any help.

 

Thanks

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Threats - have you got copies of the lettters you sent to Moorcrap?There is a template in the library to send to people chasing accounts in dispute, send them something along these line and enclose copies of the correspondence you have previously sent. Threaten to report them to OFT and the SRA. In fact report then to OFT and SRA (as they claim to be solicitors) anyway.

 

Let me know if you need any links

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Send them a copy of the letter you received from Moorcroft. This is proof that you made a legitimate CCA request and they they have failed to fulfil their obligations. Send also a copy of the ‘account in dispute’ letter. The fact that Moorcroft failed to act correctly is not your problem. As Egg’s representative, they were obliged to pass on the valid request.

 

Also, in your response to Trevor Munn Solicitors, state clearly that as you have raised an issue of dispute on the account, it is up to them to investigate it, according to OFT guidelines, and to cease any collection activity while they investigate your complaint.

 

Copy your whole response to the OFT with a complaint about Moorcroft’s and ARC/Trevor Munn’s activities.

 

Trevor Munn know full well that their response is disingenuous, to say the least. They know the true legal position.

 

Send all recorded.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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As they have threatened legal action you can also send a request under CPR but try the approach suggested first.

At your Service

 

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Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (names of previous DCAlink3.gif's / Bank here) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand or a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

 

Yours faithfully...

  • Confused 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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How can you state the agreement is missing the required terms when you haven't seen it?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I had a similar problem and Trevor Munn sent me a letter, so I sent a letter as above but sent it to the address for him on the Law Society's website (which appears to be his home address). Sent Recorded and timed to arrive on a Saturday morning.:-D Don't think he was very happy and ARC ran away very soon after!!!!

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

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[ATTACH=CONFIG]24866[/ATTACH][ATTACH=CONFIG]24865[/ATTACH]Hi everyone

 

Thanks for all your replies. I sent the letter suggested by 42man and have received the attached letter from ARC.

 

What are your thoughts and what should I do next?

 

Many Thanks

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Too small to read :madgrin:

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Nope!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Thanks for all your replies. I sent the letter suggested by 42man and have received the following letter from ARC.

 

Please note that ARC are a debt collection "agent" acting in good faith on the instructions recieved from a "disclossed" principle namely Egg Banking. We are therefore authorised to write to you in connection with the above matter and to instruct solicitors on contemplation of court proceedings where we consider it appropriate to do so. Please note that there has been no assingnement of the debt from Egg to ARC Ltd.

 

The letter goes on to say that Egg have no record of my request for a copy of my CCA and that I should write to Egg for a copy as Moorcroft Group suggested when I asked them for it and they returned my payment.

 

What are your thoughts and what should I do next?

 

Many Thanks

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They can instrut solicitors on behalf of Egg, but ARC themselves cannot take legal action. At the moment, only Egg can, unless there is an equitable assignment to ARC in which case Egg would need to join the action anyway.

 

Seeing the letter would really help.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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And it’s up to ARC to deal with the CCA request issue. Did you send a copy of the valid CCA request to Moorcroft?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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They can instrut solicitors on behalf of Egg, but ARC themselves cannot take legal action. At the moment, only Egg can, unless there is an equitable assignment to ARC in which case Egg would need to join the action anyway.

 

Seeing the letter would really help.

 

THANKS, i'VE ATTACHED THE LETTER USING PHOTOBUCKET, HOPE IT WORKS!

ARC1page1001.jpg

Edited by Cobra29
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1. They have repeated the same lie that Moorcroft did. They are obliged to deal with your CCA request. You do not have to approach Egg yourself. A valid request was made and the account is now in dispute (providing you have sent the ‘in dispute’ letter).

 

2. They want your I&E? Tell ’em to take a hike. Only a court can demand that.

 

3. As they have not seen the supposed agreement, how can they claim it is enforceable? They cannot. Idiots.

 

4. They demand an offer of payment within 14 days. Er, what about the CCA request? They MUST suspend collection activity on an account that is in dispute.

 

5. ARC are not showing their consumer credit licence number. Naughty chaps. But they have one, so they must comply with OFT debt collection guidelines.

 

6 Complain about this to the OFT and Trading Standards, as well as the information commissioner.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hi

 

I sent original CCA request to Moorcroft last year. They returned my cheque and said I had to write to Egg. After taking advice on here, I did not contact Egg and sent Moorcroft the dispute letter.

 

I heard no more untill ARC came along. I have sent them a copy of Moorcrofts letter but they still say I need to contact Egg and that they will continue with proceedings. What should i do next?

 

Thanks

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Ha ha ha ha ha! I think they have failed their own test.

 

From their website:

 

COMPLIANCE

 

A Debt Collection Agency: A business that pursues payment of debts owed by individuals or businesses. Collection agencies operate as agents of Creditors securing payment of the debt thereby increasing the Creditor's "Net Collections"

 

Your Reputation: "It takes 20 years to build a reputation and five minutes to ruin it. If you think about that you will do things differently." Warren Buffett.

 

Today's credit management and debt collection industry is heavily regulated by several authorities including The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman Service, OFCOM, the Credit Services Association to name but a few. There is also wide ranging legislation to prevent unlawful collection activities, particularly when dealing with consumers. If the Collection Agency fails to comply with the regulations or breaches applicable legislation, the "client" could be held directly accountable for those breaches and face both Civil and Criminal penalties.

 

Therefore, when you engage the services of a Collection Agency, you should not only satisfy yourself that the Agency will effectively increase you net collections but you should also ensure that it is compliant and will be able to protect your good reputation. ARC has the experience, technology and established processes to make effective recoveries and to protect your hard earned reputation.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Hang on, I’m digging out some OFT references to quote at them.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I think this to send to Egg:

 

Creditor responsibility for third parties

1.9 If consumer credit licence holders choose to do business or continue to do

business with third parties engaged in questionable fitness behaviour, then their

own fitness will be called into question. Our aim is to ensure that creditors do not

ignore the unfair practices of debt collectors, whether in-house or external, acting

on their behalf. It is not for the OFT to specify in this guidance how choices about

third party selection are made nor to advise on desired conduct between third

parties. However, during any investigation in this respect, we would expect to see

that care had been taken in the selection process, complaints had been

investigated and that firm action had been taken as appropriate. It would be

unlikely that we would take action against a creditor who could demonstrate such

action had been taken.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

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 reasonably queried or

disputed debt.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Section 175 of the CCA:

 

175. Where under this Act a person is deemed to receive a notice or payment as agent

of the creditor or owner under a regulated agreement, he shall be deemed to be under a

contractual duty to the creditor or owner to transmit the notice, or remit the payment,

to him forthwith.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Quote that lot at the idiots at Arc and report them to the OFT and anyone else you can think of. These thicko tw*ts are deliberately giving you false information in an attempt to coerce money out of you.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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