Cap1 & CCA return

[Peterbard]

Ok I think C)

 

 

 

Comments welcome.

hI

 

I would delete the referencenumbers relating to the OFT FAQ as thes do not appeari n the act itself and also the questions that are copied from the FAQ, just leave the answers together with the references to the regulations ie scheduls 6 for the prescribed terms.

 

Regards

Peter

[AnimalMagic]

Somewhere on these forums I seem to remember someone, possibly a bank worker, stating it was standard practice for banks to destroy any DPA that was not sent recorded. Can anyone point me to this post?

[Pliny the Penuriosus]

Hi all, can someone cast an eye over this letter and tell me if it sounds ok??

cheers....Russ

 

LETTER BEFORE ACTION

 

To Moorcroft Debt Recovery,

Thank you for your letters dated 14/05/2007 and 24/05/2007. As previously requested you have still as yet failed to supply a true and genuine copy of the alleged Consumer Credit Agreement, Terms and Conditions and Statement of Account as required by law no later than 13th April 2007. deleted

I understand a criminal offence may have been committed and subsequently a compliant has been passed to the relevant authorities.

 

As a consequence of the failure to comply with the statutory responsibilties under the CCA 1974 please take note that I do not recognise this alledged debt nor any liability to your company whatsoever

 

Furthermore I have discovered that you have been taking money from me for non existant loan agreements. I require this money be paid back within the next 14 days! Failing which I reserve the right to seek whatever legal recourse there is open to me.

 

I would remind you that failure to supply a properly excuted 'signed' agreement is a complete defence against any enforcement

 

I am fully prepared to vigorously defend any legal action taken by either EGG PLC or Moorcroft Debt Recovery Ltd. After almost 4 years trying to address my concerns with EGG PLC and Moorcroft.

 

Should you attempt to visit me as threatened then be advised that I shall consider your actions to be criminal tresspass and shall report you accordingly.

 

As a result of my past experiences with your company I shall not enter into any direct discussions either on the telephone or face to face and I am only prepared to take this matter forward in writing.

 

Yours Sincerely

 

See above Don't quote the regs verbatim, only in general terms as I have. Don't do their work for them let them figure it out

[veilside01702]

Thanks Pliny.....I will revise my letter and post today....

I have spent 8 hrs writing and rewriting the letter.....removing ranting and anything that could look either rude or provocative....

I was going for ....I know what I am talking about.....and............. I am being patient and fair......just in case this does goto court and a judge see's I am bending over backward to be civil.......lol

Thanks again....

Russ...

[angry cat]

Hi Guys

 

Re: Morgan Stanley's non compliance of S78 CCA 1974

 

Well, it's bad news I am afraid!!!

I have done all that I can but Trading Standards will not prosecute.

 

Frankly, I will be surprised if any of you will be able to get TS to prosecute.

I have tried my best but it's hopeless.

 

A speechles angry cat

[elizabeth1]

Hi Guys

 

Re: Morgan Stanley's non compliance of S78 CCA 1974

 

Well, it's bad news I am afraid!!!

I have done all that I can but Trading Standards will not prosecute.

 

Frankly, I will be surprised if any of you will be able to get TS to prosecute.

I have tried my best but it's hopeless.

 

A speechles angry cat

 

 

I really don't know what the problem is with TS at all - I know of several people who have gone to them with strong cases etc.. and they seem to walk away from it - maybe it's a funding issue? Lack of collective knowledge? Risk elements? I am really baffled as TS are there to rpotect us? seems they don't protect us doesn't it?

[Pliny the Penuriosus]

AC Write once more & tell them if they refuse continualy to perform their responsibility you will report them for maladministration.

[yaffsimone1]

Hi Guys

 

Re: Morgan Stanley's non compliance of S78 CCA 1974

 

Well, it's bad news I am afraid!!!

I have done all that I can but Trading Standards will not prosecute.

 

Frankly, I will be surprised if any of you will be able to get TS to prosecute.

I have tried my best but it's hopeless.

 

A speechles angry cat

 

 

Please accept my apologies i have just picked this thread up. Did you send it toy our local TS or MS local TS. It might be they wont prosecute because they are in Morgan Stanleys pocket! its not unheard of. Could you send it to another area?

[out of cash]

hi angrycat,

 

i think it is really stupid ts will not prosecute has this law just been invented as to deter the pesants from gaining power over banks etc

like if they do this we are on your side so they go and stick the fingers up at the law and the body looking over this says thats ok its just the normal guy in the street complaining please carry on screwing every one over:mad:

 

they would probably be happier if we all went bank rupt i might just give them a run for their money soon and go nuclear and do this:rolleyes:

 

regards

 

out of cash

[BLADES65]

Well 1st Credit/MBNA sent their interpretation of a Credit Card agreement.

Barely readable photostat of a fax by the looks of it.

 

Also all of it is hand filled in apart from what appears to be a typed sticker with my name and old address details on.

 

No T&C's, no APR info, No upto date statement. Just this unreadable single sided sheet.

 

Any ideas what next folks.

[zubo]

Hi Guys

 

Re: Morgan Stanley's non compliance of S78 CCA 1974

 

Well, it's bad news I am afraid!!!

I have done all that I can but Trading Standards will not prosecute.

 

Frankly, I will be surprised if any of you will be able to get TS to prosecute.

I have tried my best but it's hopeless.

 

A speechles angry cat

 

AC

 

before everyone goes off at a tangent, can you please post there reasons why they will not prosecute.

 

thanks

 

Z

[davefirewalker]

Hi AC....

 

As you know I am in a VERY similar situation, and this is a shocking turn up....

 

However Since my last round of letters to MS they have gone VERY quiet.....and not replied to the last two faxs and the recorded letter.

 

However if they wake up......I shall take out a civil action (N1) and see what they make of that. I had heard of someone doing the same with MBNA and to stop the action mbna paid up.....with interest and a compensation amount.

 

I have a few things going on at the moment, but will get round to MS again very shortly

 

Dave

[Sparkie1723]

Go and see your M.P. tell him to stick a bullet up T.S.

 

sparkie

[Peterbard]

HI

I think we should take some affirative action about the discraceful none action of the OFT.

What i am suggesting is a letter of complaint to the DTI with a few examples on board.

I would like this to be a joint effort so what i have done is produce a rough draft document and invite modifications and especially cases that comply in the form of X verses y defaulted such adate reprted to OFT sucha date no action taken .

just copy the document and post any recomendations to changes in tthe form of the letter and esecially your experiances with the OFT I would hope to get this in the post by the end of the week preferably sooner

 

Best regards

and here it is Peter

 

 

Date

 

Ian McCarty DTI

 

Ref: refusal or inability for the OFT to enforce defaults and offences of the consumer credit act 1974.

 

Dear Sirs

 

We write to you in a matter of great concern regarding the above.

Currently there are a number of creditors that blatantly disregard the requests made by members of the public to provide information as regulated by section180 of the act.

We have a number of records of cases where creditors have failed to comply with the copy of documents regulations in particular sections 77-78 and are currently in the position where they are not only in default by none compliance but have committed an offence.

The designated procedure in these cases is to report the offence to the OFT for investigation and subsequent prosecution if required.

We find however that the response we receive from the OFT is that they cannot afford to pursue the action.

The result of this is that the creditor continues unlawfully to pursue the debt.

A brief example of the cases currently in this position detailed below

 

 

I would like to sign this CAG but am quite happy to sign in my own name if necessary

[rippedoffagain]

HI

I think we should take some affirative action about the discraceful none action of the OFT.

What i am suggesting is a letter of complaint to the DTI with a few examples on board.

I would like this to be a joint effort so what i have done is produce a rough draft document and invite modifications and especially cases that comply in the form of X verses y defaulted such adate reprted to OFT sucha date no action taken .

just copy the document and post any recomendations to changes in tthe form of the letter and esecially your experiances with the OFT I would hope to get this in the post by the end of the week preferably sooner

 

Best regards

and here it is Peter

 

 

Date

 

Ian McCarty DTI

 

Ref: refusal or inability for the OFT to enforce defaults and offences of the consumer credit act 1974.

 

Dear Sirs

 

We write to you in a matter of great concern regarding the above.

Currently there are a number of creditors that blatantly disregard the requests made by members of the public to provide information as regulated by section180 of the act.

We have a number of records of cases where creditors have failed to comply with the copy of documents regulations in particular sections 77-78 and are currently in the position where they are not only in default by none compliance but have committed an offence.

The designated procedure in these cases is to report the offence to the OFT for investigation and subsequent prosecution if required.

We find however that the response we receive from the OFT is that they cannot afford to pursue the action.

The result of this is that the creditor continues unlawfully to pursue the debt.

A brief example of the cases currently in this position detailed below

 

 

I would like to sign this CAG but am quite happy to sign in my own name if necessary

 

Excellent Peter, I would be in if I had got that far.

[noomill060]

How about a mass emailing campain, sending the above letter to the OFT?

[Sparkie1723]

I back that idea

 

sparkie

[Cornucopia]

How about a mass emailing campain, sending the above letter to the OFT?

 

Hang on, are we talking OFT or TS? AC was referring to TS. I have to say my local TS were absolutely bloody useless, I don't want to expand too much because my situation is on a knife edge at the moment but suffice to say I made a very strongly worded complaint which has not been responded to in several weeks.

 

The words "arse" and "elbow" spring to mind.....................

 

 

Regards,

 

 

Corn x:)

[Cornucopia]

May I also add that we organised a mass complaint regarding MBNA via the MBNA forum. My advice would be to nominate one person who is happy to gather information via PM. In our situation we had one nominee who provided her email address to those that PM'd her regarding the mass complaint thread.

 

The advice is to put together one page with your name and account number and then list the various breaches/complaints. Try and keep this to one A4 page (challenging, I know:rolleyes:). Email this to your nominee and they will print out and collate the complaints.

 

To clarify, give yourselves a deadline for the complaints, for example, we left the thread open for two months. Once we had collected all the complaints, we sent them to FOS, OFT, TS, FSA, ICO. It's been quiet, so I guess they are wondering how to deal with such a complaint!

 

However, I think this is a very effective way of complaining and I would suggest that you all go for it.

 

Having orchestrated the MBNA issue, I would be glad to see somebody take the helm with the other banks. Any Morgan Stanley peeps, do let me know as I will be glad to tell the authorities about my 400-odd conjectured agreements:rolleyes: I just want to know which ONE is enforceable?!!!

 

 

Regards,

 

Corn x:)

[monopoly23]

400 agreements??? Amazing lol

[Cornucopia]

400 agreements??? Amazing lol

 

Monopoly, yes, laugh out LOUD indeed! 467 to be exact. Bless them. Been VERY quiet since my complaint........what do you think the Judge would say???

 

Also I ended up with repetitive strain injury opening up the envelopes, despite my darling 8 year old daughter helping me.........."Wow Mum, they have tried really hard to help you haven't they"????

 

Bless her heart!.........

[monopoly23]

pmsl

[noomill060]

Trading Standards is the consumer/ local government arm of the OFT.

 

Consumer Direct is the name that Trading Standards seem to use for a point of contact with the public.

[Peterbard]

HI

Regarding the letter to the DTI

If everyone is Happy with the letter itself(Post 7119)

PLEASE READ THE EARLIER POST 7119

http://www.consumeractiongroup.co.uk/forum/show-post/post-874870.html

We need as many examples of the OFT's inafectiveness as possible.

I thought we could list them in the folowing form.

 

Example

• 12 May 2007: Request recieved by capital one for copy documents undet section 77.
  
• 26th May 2007:No responce after first statutory period 12 working days they are now in default.
  
• 26th May2007 Offence reported to OFT 25th May Case Number ********
  
• Creditor continues unlawful pursuance of debt.
  
• 26th June 2007:Stil no responce From Capital with correct documentation.
  
• 27th june the creditor have now commited an offence this is reported again to the OFT.
  
• No action taken by OFT due to shortage of recources.
  
• Creditor continues to unlawfully pursue agreement irrespetive of the legisation.

Obviosly your details mey be different you may not have a case numbler or you may not have reported untill after the full 42 days just adapt where nessesary.

You can PM me and i will add the details to the letter or i will pick them up off the posting (with the poters permission)before i send i will post the letter in full once completed in case the are any alteration people want to make.

If their are any details you want to send but do not want posting let me know and i wil leave them off the final posting but include them in the letter.

I do not want anyone to take offence at me doing this off the cuff but we need to do something.

 

Best regards

Peter

[monopoly23]

Does anyone know anything about digital signatures? I received a supposed 'agreement' which was just a printout of T&C's from their site. My name is on the front page but they could put anyone's name there. There is two, ticked and dated boxes, one by myself and one by MBNA.

Is this enforcable?