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CCA request not received, now what?


mattjenkins1
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Hi,

I am after a bit of help regarding Moorcroft, I asked them approx a month ago for a CCA regarding a debt they say they are collecting on behalf of Egg.

 

They wrote back to today saying the following,

We can now confirm that on this occasion we are unable to provide a copy of the signed agreement requested.

 

We would now request that you can confirm that the goods in question were ordered and recieved or alternatively that you formally confirm that the goods were not requested so that this can be recorded.

In the absence of this confirmation we now request that you contact us with proposals for an arrangement that you can afford and maintain so that a sensible repayment plan can now be established. Please contact us on the above number to make the appropiate arrangements.

Yours sincerely

Third Party Liaison Dept.

 

 

 

Any ideas as to what the next step should be, can they legally chase this debt if they can not prove that there is any signed credit agreement?

Looking forward to some help here guys.

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Hi

 

From what I understand through reading on this site that if you have:

 

1) Requested info under the CCA 1974 act & enclosed the fee of £1.00, they have 12 days to comply (+2 for posting!) if they haven't responded within this time frame you can write and advise them that you do not acknowledge them or the debt!

 

2) Further more should they still NOT provide you with the info in 30 days ( You need to check this; if it is from the end of the 12 day period, hence another 30 days or that the 12 days is included) they have commited an offense under the CCA law.

 

I would not personally reply to the letter you have just recently received, but, wait for someone with more experience to answer your question or search through the site, for info regarding the time scales. Write and advise them accordingly !

 

Good luck

 

Bounce

Abbey bank a/c Data Protection Act request 6.12.06

Moorcroft DCA for Abbey a/c CCA request 6.12.06 Replied 9.12.06 NO LONGER DEALING WITH ACCOUNT IN RESPONSE TO CCA

Barclaycard DPA request 6.12.06

Moorcroft DCA for Barclaycard CCA request 6.12.06

Connaught Collections UK Ltd DCA for 1st Credit/RBS CCA req 6.12.06 Replied 7.12.06 they requested copies from 1st Credit/RBS

MBNA DPA request 6.12.06

Hillesden Securities CCA request 6.12.06 Replied 12.12.06 STATING THEY ALSO TRADE AS DIRECT LEGAL & COLLECTIONS ! They refunded postal order as req info twice from them. They are awaiting copy of Org agreement from MBNA & Accounts.

Direct Legal & Collections CCA request 6.12.06 SEE ABOVE

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No they cannot chase you for this debt if they haven't provided you with the information you requested. Haha that is rich of them 'In the absence of this confirmation we now request that you contact us with proposals'. The best they can do now is send this debt back to Egg do not pay them a penney. If they need informing i think there is a template on here to send which states that they cannot pursue the debt.

Next time they call just tell them politely you don't owe them a penney and hang up.

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do not write to them. if they have not sent you the agreement within 42 working days the debt becomes unenforceable. do not speak to them on the phone, if they call say that you are someone else and can you take a message. they are trying another lame attmempt at getting you to say you owe it.

 

after the 42 days, send them a letter saying

 

Dear Sirs,

 

Thank you, for your letter dated **/**/** which I received on **/**/**.

The documents that you have sent me do not comply with my request made under section 77 & 78 of the consumer credit act on **/**/**.

 

The calendar month you had to rectify the default has now ellapsed.

 

This debt is now unenforceable.

 

Yours faithfully

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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When the company cannot supply the agreement, the AGREEMENT is unenforceable but the DEBT is still there. The letter you have received seems to be an acknowledgement of this. With no agreement in place, you cannot be made to stick to any interest payments or the original repayment amount. The company are asking you to either confirm that the DEBT exists or that you never had the "goods" and therefore you contend that there is no debt. Alternatively you are invited to submit an offer of repayment on your terms.

 

The DEBT is not unenforceable but to enforce it, the company would have to take you to court and prove that you have received goods or previously acknowledged the debt. Depending on the amount involved, this may not be worth the effort of the company involved.

 

I would not reply to them and let them make the next move. If they have recorded adverse credit data with the CRAs I would write to them and insist this is removed as they do not have permission to disclose your information to third parties.

 

If they do decide to take you to court, come back here and there are several steps you can take. In practice, however, I don't think you will end up having to pay this debt.

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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Thanks every body for the advice, so far I have done nothing, Moorcroft on the other hand have written again threatening litigation still !!

My only concern would be that they try and achieve a CCJ through the bulk system without my knowledge. But for the meantime I think no action is the best course of action.

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i would argue that currently the debt is "in dispute"

 

under the OFT debt collection guidance (section 2.8k) they should halt all collection activity on a reasonably disputed debt. It can also be argued that they are in breach of Sec 40 of the Administration of Justice Act 1970 if they refuse to freeze action if you dispute the debt.

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they are in breach...do not acknowledge any debt to them, write a letter clearly informing them of that fact and if they can provide a true signed copy of an alleged agreement please present it to the courts and you will gladly discuss the matter with a judge, in the meantime this is harrassment which is a criminal offence and any further correspondence will forwarded to the trading standards.

moorcroft dont usually give in easy so keep all letters and if it continues do file an harrassment complaint with the trading standards, and complain to the oft and the regulatory body they belong to which i have posted in one of my earlier threads.

do not enter into any telephone conversation with them, change your number, get their number call barred or use caller id and when they ring just put the phone on top of the television or hi fi and go have a cup of tea.

i have dealt with these on my mums behalf,,,the tricks they use are unreal, right down to asking for her telling me they have a special offer on and could they speak to my mum....low life...be on your guard with these bunch of clowns, they think the laws dont apply to them...but we know different...lol..do not speak to them.

if they threaten to send a collector to your house they have to give you 48 hrs written notice and you can write back telling them not to come, and if they do attempt to visit you will call the police and have them removed...and file harrassment charges with the police..they have no right to come to your house if you say so.

DONT GIVE IN TO THESE CHIMPS>>>>

they have no powers or authority.....give em the finger....dont give them money..thats what keeps them in business....good luck...007

"ALWAYS QUOTE ME AS BEING MISQUOTED" :D

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  • 2 weeks later...

Thanks again for all the replies, Latest news is that Moorcroft have written threatening to send a collector around as I have apparently defaulted on the payment plan which i agreed with them to £120(no such plan was ever made), I have replied by return that I will consider that harrassment, I have also replied to them that they are in breach of the cca, I have also informed them I will only discuss this debt any more with them if they can provide a true signed copy of the alleged agreement.

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