Red Castle Recoveries/Motonovo finance send me a letter about a debt from over 3 years ago

[Kristian_Davies]

Hi guys, please bare with me as I am new to the forum,

I have read numerous posts about these Idiots,

I do apologise if I am posting this in the wrong place...anyway here goes...

 

On 8th June 2013 I received a letter from BCW group/Red Castle Recoveries/ Gothia.

 

Letter stating "We have written to you previously in regards to your outstanding loan with Motonovo finance,

which despite numerous attempts to resolve with you the above balance remains unpaid."

 

They then go on to tell me how lucky I am and that this is a great window of opportunity

for me to write off the balance with any realistic offer.

 

It was car finance I took out on 24th March 2009,

the car I bought was falling apart from day 1,

Car was on road for approx 3 months then was left in garage where purchased

as I refused to pay a £1000 to have vehicle repaired. (long story)

 

I had the Financial Ombudsman involved in a case of which I can't remember the exact details,

and the car was taken back by finance company on 16/6/2010 ,

 

I can't remember any more details from back then unfortunately apart from I had received some calls off Gothia

and I told them all I could afford to pay and i'm pretty sure they closed the account,

I made a payment of £660 on 8th July 2010.

 

After I received this letter 8/6/2013 I looked online for help and found this letter...

 

Dear Sir or Madam:

 

ACCOUNT NUMBER: XXXXXXXXX

YOUR REF: XXXXXXXXX

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Despite my previous correspondence, a copy of which is enclosed for your reference, you continue to bombard me with unwanted phone-calls and letters in regard to this alleged debt. Therefore, you leave me with no alternative than to request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

For the sake of clarity, may I also draw your attention to the following:

 

 

Consumer Credit Act 1974 s.175

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the 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.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original signed executed credit agreement

2. FULL Statement of account

3. Copy of the executed deed of assignment from CIT and Red Castle Recoveries.

4. A fair processing notice.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment, and will be reported to the relevant authorities.

 

I look forward to hearing from you within the statutory time limit.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

In reply to my letter I have received a small note saying thanks for your letter

of which the contents have been duly noted

(yet they have tried contacting me through another number and company RESOLUTION, ringing off a local number) ,

a photocopy of what looks to be the original agreement with original creditor

and a copy of the statement from original creditor,

 

5 days later I received a copy of the statement from original creditor,

I have NOT received a deed of assignment or a fair processing notice (not sure what this is).

 

Is there anyway to find out if they actually own this debt?

What steps should I take next?

 

This is all in my grandmothers name and she is getting very worried about it,

 

Any help would be greatly appreciated,

 

thanks in advance guys, hope to hear from someone soon

[Bazooka Boo]

You won't receive the deed of assignment.

Not quite sure where you got that letter template from but I don't think it was wholly appropriate in your case.

 

What do your credit files say? Is this on their?

Is this Welcome finance by any chance?

 

Any agreement taken out post 2007 will be deemed CCA compliant.

 

Ignore any phone calls, if you answer the phone, just laugh at them and hang up.

Keep a diary of events and everything in writing.

[Kristian_Davies]

Motonovo finance, I have heard nothing for over 3 years then I get that letter out the blue, on that letter it just says if I need any more info just give them a ring haha, hmm ok. I do not answer any phone calls that I do not recognise the number. Sorry to sound stupid but what does CCA compliant involve/mean?

 

Thanks for the swift reply

[Bazooka Boo]

Consumer Credit Act (CCA)

Most agreements prior to 2007 (April) could be argued against as they often omitted the required info, plus to enforce agreements prior to 2007 then the original document needs to be shown in court.

 

Post this (07), then tick boxes took place of signatures if the agreement was taken out online, plus they pretty much corrected all of their mistakes and errors.

 

I would ignore everything until Motonovo writes you a letter stating that they have passed your account to BCW clowns to chase on their behalf.

 

Check your credit file and see what, if anything, is on there.

[Kristian_Davies]

ok cheers

[BRIGADIER2JCS]

Have to agree with BB, inappropriate letter, 3 year gap in communication has no relevance either.

[Peterbard]

As well as the copy of the agreement, did you get a copy of the Terms and Conditions which were applicable at the time you took it out?

[dx100uk]

if reds are offering a discount there is something WRONG

with the debt.

 

PPI/GAP? PENALTY charges?

 

you need to get your CRA file

 

and

send and SAR to MN

 

there's another thread on here of recent about them.

 

they certainly cannot add up that's for sure

 

can you scan up the statements and the agreement you have please.

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[BRIGADIER2JCS]

A CCA r equest should produce a TRUE copy of the CCA 1974 (as amended) regulated agreement, current statement of account (not historical statements) and any documents referred to in the agreement. (e.g. any 'booklet' type document containing Ts & Cs as often seen the credit card accounts).