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Guest purplemushroomfairy2

PLEASE HELP EGG debt passed to Moorcroft DCA HELP CCA ignored told debt too old.

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Guest purplemushroomfairy2

Please help, sorry for jumping in here but I couldn't start a new thread.

EGG C/C - passed to ARC in 2005 - £1 pcm paid since then. Did request CCA but they were EGG apparently.

 

Nov 2011 - tons of letters from ARC/Barclays/Moorcroft - apparently debt now Barclaycard ?! and with Moorcroft. Sent CCA request special Delivery - ignored - three weeks later payment returned and they suggested my husband pay £160 pcm. HE REFUSED. Sent Section 10 Debt in Dispute letter.

 

By mistake I sent off cheques post dated for £1 to cover Christmas. As soon as I realised I rang them and told them cheques sent in error and requested return. They refused cashed two and sent letter to my husband telling him he was in default by £158 - never agreed this sum and debt placed in Dispute in November, I cancelled the other cheque, they were not happy .Sent abother Debt in dispute letter. Received reply on 23rd Dec = 'Debt too old for CCA and their client still thinks it's enforceable' said to reply in 14 days which is 09/01/12 - on Thursday 5th we recieved another letter telling us my husband was now in default for £348 - for a payment never agreed and a debt they refuse to comply with CCA request. This also stated that they were sending Doorstep collections to our property!!

 

They ahve also stated that they have registered a default on my husbands credit for a payment he has not agreed to for a debt they refuse to prove he owns.

 

I have lodged a formal complaint for non compliance and Harrassment with the F.O.S. who were only too pleased to take it on.

 

I will be sending the non compliance and doorstep letter by fax and Special delivery- Am I on the right lines?

 

For a debt to be enforceable it must have a CCA reghardless of age? I hope so, otherwise anyone could hound anyone without proof. They did cash two payments of £1 so we have stated that that counts as agreeing to supply the CCA as money was cashed after debt was placed in dispute.

 

Have had bad experiences with Marlin in the past who wait years before they contact me ragarding dsisputed debts which keeps messing up the statute barred status.

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Guest purplemushroomfairy2

Hello,

1. After letter threatening doorstep collections wrote a letter informing them that:

debt in dispute because no CCA

no default because nothing agreed

withdrew 'common law' right to them or associates of knocking at the door (?)

reported them to FOS who contacted company.

2. Received lengthy letter from them which basically said that they had decided to ignore the CCA and sent back the money - not received. They also tried to say that because of the 2006 CCA they didn't need one to enforce the debt, however, the debt would be put on hold until we were happy (Never)

 

So - question - debt was defaulted on in 2005 and arangemnets made to pay £1 pcm to ARC, this has been done now for six years without a break. CCA request to Moorcroft was ignored, other people seem to have had the same response. As the debt was taken out before 2006 shouldn't the 1974 Act still stand?

 

Was going to write to say:

' Thanks for your letter, your company had 12 + 2 days to respond to request, yet you refused. Here is another £1, debt in dispute until received CCA from your 'client'. Please do not contact unless you have the CCA'

 

Any more ideas???????

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They don't need to provide an original copy of the CCA however they can provide a reconstructed agreement but it has to be exactly as it would have been & they must provide the terms & conditions applicable at the time and the present ones.

 

It looks as if your agreement was made during a period of transition were some agreements changed and they can't be certain which applies. Personally I'd ignore them for now & see what they come up with in the future. ;)


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