Please help with moorcroft studio cat debt

[Phonesurgeon]

need some help understanding this...

I had(maybe still have) a studio catalogue account which i haven't used for the past year and a bit, and at the time i'm pretty sure i cleared it and left it dormant.

The other week i received a letter from moorcroft demanding payment for just under £100 for the above account.

I sent a CCA request to moorcroft and received a Final Demand letter urging me to pay within 7 days or court actions. the seven day are up on the 6th march which is well short of the time allowed for them to comply with CCA.

Now what is my best course of actions? by the way a SAR to studio has also been sent.

[Laney65]

Well my CCA went to them on February 12th and still nothing from then although they have cashed the £1.00 po I sent them.

 

I'm just sitting and waiting for them to commit a criminal offence after 42 days.

 

Idiots!!

[Jeff2000]

Hello Phonesurgeon,

 

Do Moorcroft now own the debt? Or are they acting on behalf of Studio?

 

 

My guess with it being a catalogue debt is that you probably never had to sign an agreement when you first started using the catalogue.

 

Is this correct?

 

If so they will never be able to provide an executed copy of an agreement, and will therefore default on your CCA request. No agreement=unenforceable debt.

 

A judge is most likely going to want to see the original agreement before enforcing any debt.

 

As for Moorcroft's letters, these just sound like the usual threatening letters that they send.

 

 

Regards, Jeff.

[nannamoon1]

phonesurgeon,

 

I would personally do nothing, they are trying there usual scare tactics.

 

Without the Credit Agreement, they cannot enforce the debt.

 

When do the 12 days expire?

 

I would be surprised if they took you to court for less than £100.

 

I am not sure on this, I thought that a debt has to be over £200 for it to go to court. I am sure there will be someone whom will able to confirm this.

[Phonesurgeon]

Thanks jeff2000 and nannamoon

Moorcroft is acting on behalf of studio so i would'nt think the y own the debt.

I sent the CCA on 26/02 and been delivered 27/02 so the 12 working days are up 19/03 is this correct?

[Jeff2000]

Hello, phonesurgeon,

 

That would appear to be correct. I personally would wait until 1 month after this. Then they have commited an offence!

 

If they are acting on behalf of Studio, then they cannot commence legal action. In fact to suggest that they can is also an offence, I think. Somebody else may correct me on this.

It is certainly against OFT guidlines on debt collection. So you could report them to TS and the OFT!

 

 

Regards, Jeff.

[Phonesurgeon]

Thyanks again jeff now i will wait and see. after the first deadline(19/03) they are in default and a month after that(19/04?), they commit a criminal offence is this right?

[nannamoon1]

Phonesurgeon

 

The fact that the CCA arrived the next day and was signed for, you could say the 12th day expires March 16th;)

 

You are correct they will be in default after the 12th day and a month after they commit a criminal offence.

 

You can then report them to T/S OFT etc.

 

Nanna

[Phonesurgeon]

Cool thanks again jeff and nannamoon....

Goes to sleep till 19th:grin:

[Jeff2000]

Hi,

 

 

Any news, Phonesurgeon?

 

 

Regards, Jeff.