someone please give advice for large catalogue debts

[BRIGADIER2JCS]

They are using the OFT Guidance in some of ''offers of payment'' in that the guidance says really just that ''due regard to Reasonable offers of payment should be given''

 

Who is to say what a DCA considers ''reasonable'' and what a debtor sees as reasonable???

[vonny1]

Thanks I will send off account in dispute letter to kays and let you know what they come back with, and I will CCA Moorcroft. Anyone had any experience with these guys, (reasonable or sharks)??. Anyone any idea how I can find Freemans bank and sort code number? and if so should I keep paying them or pay Moorcroft now. Thanks all.

[BRIGADIER2JCS]

CCA Moorcroft, pay as you were already doing.

[Bazooka Boo]

Anyone any idea how I can find Freemans bank and sort code number?

Google it...

[vonny1]

Thanks but I have googled it nothing comes up. As they've shut my online account down I cant get on it to pay, I dont know how els I can pay it now??

 

Hi I have sent CCA to Moorcroft and Account in dispute letter to Kays. Has anyone on here any idea what Freemans Account and sort code is please??. Simply Be are now 2 days over due for my CCA request, what should I do now, do I send them an account in dispute letter?, many thanks.

 

I have a 16.000 + debt with a creditor has been with them since 2008...Still no nearer to going court..No solictors involved ..The CCA is

 

pre 2007 ..they know they have nothing,was offered a 40% discount before it was sold..that speaks volumes..

 

Hi Babydoll, may I ask, did you send an account in dispute letter and do they let you pay it off monthly?, many thanks.

[Bazooka Boo]

Yes send them the account in dispute letter.

[paulwlton]

I have a 16.000 + debt with a creditor has been with them since 2008...Still no nearer to going court..No solictors involved ..The CCA is pre 2007 ..they know they have nothing,was offered a 40% discount before it was sold..that speaks volumes..

 

The guy below was offered a 60% discount before they started enforcement.

 

I attended a hearing with a work colleague a couple of years back. The DCA had only a signed "copy" of an application form dated 1996.....the Judge didn't have a clue about the CCA and refuted our evidence, case law and arguments - she was a disgrace! she also enforced the £30.00 penalty charges citing the fact that the Defendant had agreed that late payment charges could be levied.

[vonny1]

Hi Paul, even though I've sent Kays the account in dispute letter as they have no signed credit agreement and account was pre 2007, will they still be able to sell the debt to a debt collection agency?. What do you think their response will be to my letter? many thanks, I'm getting more worried than ever now.

[paulwlton]

Hi Paul, even though I've sent Kays the account in dispute letter as they have no signed credit agreement and account was pre 2007, will they still be able to sell the debt to a debt collection agency?. What do you think their response will be to my letter? many thanks, I'm getting more worried than ever now.

 

You've no need to worry you never signed owt.

[Bazooka Boo]

If they do pass it to a powerless DCA then you have nothing to worry about, as the only letter you need send them is the account in dispute one. They won't be able to do a single thing.

[babydoll0141917]

Hi Babydoll, may I ask, did you send an account in dispute letter and do they let you pay it off monthly?, many thanks.

This debt you are quoting about is not a Cat debt..But yes I did send a Dispute letter ..and I don't pay nothing as the not sent a CCa..

 

IMO if any creditor sells on a debt or offers a discount there must be something wrong with the paperwork

[renegadeimp]

vonny1 wrote:

Hi all could do with some more advice please.

 

 

As I put earlier my Freemans debt has been bought by Moorcroft Debt Recovery ltd.

I sent them a CCA request and a £1 postal order and I have just received this reply from them.

 

 

"" Thank you for your recent letter.

At this stage we are currently unable to provide a copy of the agreement as we have been in contact with our client

who have confirmed that the original credit agreement was sent with your first invoice and you were instructed to keep the documentation in a safe place.

 

 

If there are any areas where you feel that a dispute in relation to the account still requires resolution please provide details.

 

 

If this is not the case then we look forward to receiving your settled proposals.

 

 

We therefore return the payment submitted in that connection.

 

 

Yours sincerely etc etc"".

 

Can anyone please tell me what I should put back to them

. I have never signed a credit agreement so they certainly never sent me one and said keep it safe!!

and they have sent back my original CCA request letter and the postal order.

 

 

Any advice greatley appreciated, many thanks.

Ignore them. They havent provided the correct paperwork and are trying to mislead you.

 

If they havent got the paperwork, they cant enforce it through the courts.

The ONLY things they can do is mark your credit files and send harassment letters.

 

Send them the account is in dispute letter and ignore their silly attempts at threatening you.

[vonny1]

Hi again

 

 

I have also received a letter from Shop Direct Company ltd (kays) in response to my account in dispute letter

due to them not having a signed contract and the account was opened in 2006.

 

 

They wrote ""

The agreement we sent you sets out the contractual arrangement that is in place at this time between us

and you in relation to your K&co account and it includes all applicable contractual variants

and amendments that have taken place since your account was opened.

 

 

It is clear that by ordering and purchasing goods from us, you acknowledge that there is an existing relationship in place.

 

 

In the event that you did not believe that there was such a relationship

it is unlikely you would of bought and continued to buy goods from us.

 

 

The latest case law in relation to the enforceability of credit agreements has made clear that unenforceable

does not mean that the rights of the parties under a credit agreement were never acquired or are extinguished"" etc etc.

 

It then just goes on to say how much I owe and they would like payment.

 

 

What should I put next please??

 

 

many thanks.

[BRIGADIER2JCS]

Hi again I have also received a letter from Shop Direct Company ltd (kays) in response to my account in dispute letter due to them not having a signed contract and the account was opened in 2006. They wrote "" The agreement we sent you sets out the contractual arrangement that is in place at this time between us and you in relation to your K&co account and it includes all applicable contractual variants and amendments that have taken place since your account was opened. It is clear that by ordering and purchasing goods from us, you acknowledge that there is an existing relationship in place. In the event that you did not believe that there was such a relationship it is unlikely you would of bought and continued to buy goods from us. The latest case law in relation to the enforceability of credit agreements has made clear that unenforceable does not mean that the rights of the parties under a credit agreement were never acquired or are extinguished"" etc etc.

 

It then just goes on to say how much I owe and they would like payment. What should I put next please?? many thanks.

This is becoming a standard comment from these catalogue companies and is totally wrong.

 

Write back with this to Moorcraps Compliance Manager.

 

Ref: as on their daft letter.

 

Sir/ Madam,

 

Ref: as on their letter.

 

Formal Complaint.

 

Sir/Madam,

 

I refer to a letter from Moorcroft dated xx xx xxxxx in response to my lawful request for information made under Sections 77/78 of The Consumer Credit Act 1974.

 

I'm sure Moorcroft are aware that the content of its letter has no merit what so ever and have therefore failed to comply with the requirements of the Act.

 

Therefore this account is formally in dispute and will remain so until a compliant copy of the regulated agreement relevant to this account is produced.

 

I presume I do NOT have to remind Moorcroft of the requirements of CCA 1974 regarding disputed accounts and the non compliance with a CCA request.

 

Send it recorded signed for post.

 

You can amend to suit for the other account (s).

[vonny1]

Thank you

i'll get those letters sent off this weekend.

 

 

Ive just received the reply to my CCA request from Simply Be.

 

 

They seem to have sent me the full monty! lots of print outs of every transaction inc purchases

and payments etc for the last 19 months up to when I couldnt afford to pay anymore.

 

 

The strange thing is it says I opened the account Feb 2007, and Ive always paid every month

so there should be a hell of a lot more than 19 months worth of transactions from 2007 to the present!!!!

 

 

The Credit Agreement they have sent me has just been filled in by someone with no signature

, as the account was opened pre April 2007 and no signed credit agreement

does that mean they haven't got a leg to stand on??

 

 

This has actually crossed in the post with my Account In Dispute letter as they are over a week late sending me documents.

 

 

Should I just see what they come back with now???????

 

 

thanks for your help, dont know what Id do without it.

[BRIGADIER2JCS]

I guess they have not gone back over the full 6years, a CCA request is really intended to produce

the a agreement and a 'basic'' statement of the outstanding balance, NOT the kind of detail they have

provided you with now which would normally be subject of a SAR.

 

To get more details you would need to make a SAR imo.

 

Can you post up a redacted copy of the ''agreement' please?

[vonny1]

I cant I'm afraid my printer wont scan anything to my computer, just keeps coming up with error!.

 

 

It is a proper credit agreement but it has been filled in by hand with my name and account number

but where my signature should be its blank.

 

 

As the account was opened pre April 2007 and no original signed agreement has been produced do I have a case that its not enforceable?.

 

 

I had also sent an account in dispute letter just before receiving this as they we're past the 12 days sending it.

 

 

should I wait and see what they come up with?.

 

 

Thanks for the help.

[renegadeimp]

Sounds like theyre trying to pass off a reconstituted CCA as an original. Regarding the signature, did you do it all online, or did you send them back a signed form?

[vonny1]

I never signed a credit agreement by post or on line. I was sent a credit agreement to sign when I first opened the account but I never did.

 

Hi, I have just sent an account in dispute letter to Moorcroft as they would not comply with my CCA request and have now just received this letter from them:-

 

"Important -possible Litigation.

To prevent the above possible action please send payment before 19/04/13 or telephone ******* immediately.

 

If you do not contact us following receipt of this letter we may have no alternative other than to recommend to our client that solicitors issue legal action against you which may follow. Please note if legal action is necessary and if the solicitors instructed are successful in entering judgment then your debt may increase as follows".

 

 

 

It then goes on to a long list of charges that will be added to my account. Is this just scare tacticts or are they likely to try and take me to court? or are they powerless until they comply with my CCA request?? Thank you.

[renegadeimp]

If, may, could etc etc. Tell them, the account is in serious dispute and go play with traffic. ALso tell them that youa re making a formal complaint to the OFT and will add a comment on their fitness to hold a credit licence.

[BRIGADIER2JCS]

Hi, I have just sent an account in dispute letter to Moorcroft as they would not comply with my CCA request and have now just received this letter from them:-

 

"Important -possible Litigation.

To prevent the above possible action please send payment before 19/04/13 or telephone ******* immediately.

 

If you do not contact us following receipt of this letter we may have no alternative other than to recommend to our client that solicitors issue legal action against you which may follow. Please note if legal action is necessary and if the solicitors instructed are successful in entering judgment then your debt may increase as follows".

 

I guess it is likely the letter has crossed with your dispute letter, in general the various ''desk jockeys'' at DCA have no idea what others may be doing on the same account.

 

It then goes on to a long list of charges that will be added to my account. Is this just scare tacticts or are they likely to try and take me to court? or are they powerless until they comply with my CCA request?? Thank you.

You can ignore this or just send them a short reminder regarding your dispute letter.

[renegadeimp]

I would still inform the OFT, as its obvious they are in breach of OFT guidance.

[vonny1]

I never signed a credit agreement by post or on line. I was sent a credit agreement to sign when I first opened the account but I never did.

 

Should I just wait to see what their reply is to my account in dispute letter?? Thanks.

 

Regarding Moorcroft

[vonny1]

Hi more help needed please.

 

 

Ive received the reply to my Acount in dispute letter from Moorcroft,

 

 

They say that they already told me in their last letter that their client (Freemens) told them that they'd sent me a credit agreement with my first order

and told me to keep it safe ( which is rubbish).

 

 

They then go on to say that just because a debt is unenfoceable the oft say the debt is still owed and therefore needs paying.

 

 

They are putting my account on hold for 14 days in which time I have to reply with how I intend to proceed with the debt.

 

 

W hat should I write back to them as their just taking no notice of my CCA request or Account in dispute letters??

 

 

Many thanks for your help.

[Seminole]

Unenforceable debt = ignore unless you are feeling generous.