caa requests not provided,help please

[ODC]

A lot of posters will give you their views on what is "morally" correct. IMHO - morals are not up for debate on here, they are everyone's own personal business. So it's your choice.

If you think about Morals and Moorcroft in the one sentence. Remember all the call, the snotty letters and the stress it caused you. We have all been down that road with these clowns

[PriorityOne]

You could certainly try & get all the money back - this scenario has been discussed on some length on this site. A lot of posters will give you their views on what is "morally" correct. IMHO - morals are not up for debate on here, they are everyone's own personal business. So it's your choice. You could most certainly get any penalties back, if you don't want to go for the whole lot.

 

There are problems re-claiming money if the DCA can prodiuce a Deed of Assignment. A CCA makes a debt unenforceable, but the D of A proves its existence... resulting in a stalemate in court. If you are the one to take this to court, then you will be the one with the bill for costs.

[wobbles1914]

There are problems re-claiming money if the DCA can prodiuce a Deed of Assignment. A CCA makes a debt unenforceable, but the D of A proves its existence... resulting in a stalemate in court. If you are the one to take this to court, then you will be the one with the bill for costs.

 

PriorityOne,

 

Interesting point.

 

Is there anywhere that outlines the legal prerequisites of a valid DoA. There is one DCA that I know of that prints tacky fake DoA themselves assigning alleged debt from OC to DCA. Do we know if this con would stand up in court vs CCA non-compliance?

 

Wobbles

[ODC]

There are problems re-claiming money if the DCA can prodiuce a Deed of Assignment. A CCA makes a debt unenforceable, but the D of A proves its existence... resulting in a stalemate in court. If you are the one to take this to court, then you will be the one with the bill for costs.

I think any victory over a DCA is a sweet one. To get them off your back forever is sweet. Of course any money you can get is a bonus. I agree with you though. Each case is different and needs to be decided on its merits.

[winny14]

thanks everyone,

i'm not really bothered about getting money back from moorcroft re littlewoods, i will be writing to them and asking them to remove the default from my credit report and close the account if they dont wish me to report them for not complying with my request.

if i cant do this or anyone knows were i can find a templete letter please let me know.

 

as for link they have shown different amounts that i'm supposed to owe them on their letters and i dont believe they own this debt.

who do i report them to so they get fined? i hate this company for trying to bully me and if i can get them in trouble then i will.

i want these guys of my back for good and i will fight every step of the way to ensure they dont get a penny from me.

as you can see from the letters they expect payment in full, my pockets are quite small and i dont happen to have that kind of money in them.

when i made the mistake of ringing them they told me they dont accept any kind of payment plan and they would go for my house

they can whistle for it, i would hae entered into a payment arrangment with them but not after the way they frightened me.

i have the mans name who threatened me and i'l publish it on here if 'm allowed when this is sorted with them...his name is appropiate to his behaviour:D

thanks everyone for all the advice and support and thanks spirit girl for the cyber hug have you heard from these creeps recently spirit girl?

[PriorityOne]

PriorityOne,

 

Interesting point.

 

Is there anywhere that outlines the legal prerequisites of a valid DoA. There is one DCA that I know of that prints tacky fake DoA themselves assigning alleged debt from OC to DCA. Do we know if this con would stand up in court vs CCA non-compliance?

 

Wobbles

 

I have posted a similar question several times on here... but no-one has answered, so I don't think it's common knowledge what goes into a D of A. I wanted to know if an account number has to be entered.... because if that's the case, I may be able to take one of mine to court.

 

If possible, we need to dissect the D of A on this site.... what will stand up in court and what won't. The ideal scenario would be to have something that the DCAs wouldn't want examined in court.... in a similar way to the banks not wanting their charges examined in court. Once we can get something like this, then we can go for those refunds in the same way as re-claiming unlawful bank charges.

[KJD]

I have posted a similar question several times on here... but no-one has answered, so I don't think it's common knowledge what goes into a D of A. I wanted to know if an account number has to be entered.... because if that's the case, I may be able to take one of mine to court.

 

If possible, we need to dissect the D of A on this site.... what will stand up in court and what won't. The ideal scenario would be to have something that the DCAs wouldn't want examined in court.... in a similar way to the banks not wanting their charges examined in court. Once we can get something like this, then we can go for those refunds in the same way as re-claiming unlawful bank charges.

 

P1 You said earlier on in this thread that 'but the D of A proves its existence'. Can I ask where you got that from? It's a genuine question, not questioning your authority! I totally agree about the need for further investigation into this subject, similar possibly to the CCA threads that have been started. Someone must know what one of these is supposed to look like (sounds like a lengthy googling session could be called for).

 

I can't lay my hands on it now (filed in my 'yeh, whatever!' file) but I received a letter from a company earlier this year, supposedly claiming ownership of a debt I allegedly have to Capital One. I have never had an account with these people, in fact I was refused one of their cards several years ago. I know ALL my debts! (and have checked with CRAs in case of id fraud) It was a well written letter, with incidentally, an account number (XXXX XXXX XXXX XXXX like on a card). I haven't done anything about it and haven't heard any more, but is that a D of A?

 

Any Mods in the know???

[winny14]

hi everyone

i have drafted the following letters so send in light of them all defaulting on my CCA requests, each one is adapted to the relavance to letters received from them so i apologise for the length of the post:o

i want to get this spot on with no mistakes so all advice and suggestions welcome,,here goes,

1st one is to moorcroft who where collecting on behalf of littlewoods

 

To Whom It May Concern:

In the first instance I bring your attention to the letter I sent you dated 30/03/07 signed and received by you on the 02/04/07.

I made a formal request for a copy of the signed, executed credit agreement for the above numbered account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my alleged account and terms and conditions should have been sent along with any other document mentioned in the credit agreement.

 

This request was not met in full and I am missing important information,

you now appear to be in default and as such, any action regarding enforcement of this account must cease. Including but not limited to processing of data.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

In the second instance with reference to the letter received from you dated 18/04/07, you state that you can not provide a signed copy of the signed agreement requested and return my postal order.

I believe you had no legal right to obtain money from me and I demand a refund of all monies you received from me within seven days of receiving this letter.

I reiterate that my request has not been met in full and important information is missing.

Failure to comply with my requests will leave me with no alternative to submit complaints and reports to the relevant statutory authorities. I trust we can resolve this matter amicably and quickly with no further action being entered into.

 

Yours sincerely

 

2nd one to littlwoods as they wrote to me and have a default registered against me.

 

To Whom It May Concern:

I refer to your letter dated 17/04/07.

You have not complied with the request I made under sections 77(1) and section 78(1) to remind you of my request I insert some contents of my original letter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

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.

 

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.

 

This request was not met in full and I am missing important information,

you now appear to be in default and as such, any action regarding enforcement of this account must cease. Including but not limited to processing of data.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

I notice from my credit report that you have entered a default against my name dated 10/11/01, I trust this will be removed from my file within 7 days of you receiving this letter and the account will be closed.

 

I reiterate that my request has not been met in full and important information is missing.

Failure to comply with my requests will leave me with no alternative to submit complaints and reports to the relevant statutory authorities. I trust we can resolve this matter amicably and quickly with no further action being entered into.

 

Yours sincerely

 

3rd one to global debt recovery re tsb loan

 

To Whom It May Concern:

 

In the first instance I refer to the letter I sent you dated 30/03/07, which was signed and received by you dated 02/04/07.

I made a formal request for a copy of the signed, executed credit agreement for the above numbered account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my alleged account and terms and conditions should have been sent along with any other document mentioned in the credit agreement.

I have no recollection of receiving formal notification of assignment of the alleged debt to FV -1 as you mention in your letter.

This request was not met in full and I am missing important information,

you now appear to be in default and as such, any action regarding enforcement of this account must cease. Including but not limited to processing of data.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

In the second instance I refer to your letter to me dated 03/04/07 where you suggest I have defaulted on my alleged agreement.

I emailed your company on the 11/04/07 with the following

 

To Whom It May Concern:

 

I received a letter from you today dated 03/04/2007 claiming I have defaulted on an ‘alleged’ agreement.

Can you please clarify how this has occurred as I am somewhat bemused by this suggestion?

Yours sincerely

I have received no reply to this.

I am somewhat bemused by your suggestion as it appears that it is you who is in default, not I.

Please could you clarify this for me?

 

Could you please explain who the legal owner of the alleged account is? I am somewhat confused has to you saying I have defaulted yet you state in your letter assignment to FV-1.

I will take this opportunity to remind you this account remains in dispute while the CCA requests is not complied with.

 

Yours sincerely

 

4th and final to link, these sre who i have had the most problems with and i dont feel the letter is strong enough but have done my best:mad:

 

I refer to the recorded letter I sent you dated 30/03/07, which was signed and received by you dated 02/04/07.

You have not complied with my request and I am left with no alternative to report complaints about you to the relevant authorities.

I stated in my letter that no one should telephone me, yet again, your employee; ******* rang me on two separate occasions on the 4th April 2007 and spoke in a threatening and intimidating matter. I recorded these phone calls and they will be produced in any action I take against you.

You can not pursue me for any money as you have stated in your letter dated 19/04/07, ‘ We are seeking payment in full’ the alleged account is in dispute.

Any action regarding enforcement of this account must cease. Including but not limited to processing of data.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

S78.9 of the Consumer Credit Act 1974, states you must supply me with a copy of the ORIGINAL EXECUTED AGREEMENT.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and

 

Any enforcement action that you undertake while not complying with my request is unenforceable.

 

No further correspondence will be entered into unless you comply with the FULL contents of my lawful request stated in my letter to you dated 30/03/07 as referred to above.

 

again i'm sorry its such a long one i just want to get it all right and get this lot out of the way as quick as possible. ive spent all afternoon on these letters so hopefully i've got the basics correct.

 

thanks again everyone

Edited September 13, 2008 by winny14

[PriorityOne]

P1 You said earlier on in this thread that 'but the D of A proves its existence'. Can I ask where you got that from? It's a genuine question, not questioning your authority! I totally agree about the need for further investigation into this subject, similar possibly to the CCA threads that have been started. Someone must know what one of these is supposed to look like (sounds like a lengthy googling session could be called for).

 

No problem... When a creditor sells debts to a third party, these are usually sold in bulk. A Deed of Assignment is a legal transfer of these accounts, which also includes the personal details of loads of other borrowers other than yourself. This is why we never get to see the D of A.... it's contents are protected by the Data Protection Act.

 

I can't lay my hands on it now (filed in my 'yeh, whatever!' file) but I received a letter from a company earlier this year, supposedly claiming ownership of a debt I allegedly have to Capital One. I have never had an account with these people, in fact I was refused one of their cards several years ago. I know ALL my debts! (and have checked with CRAs in case of id fraud) It was a well written letter, with incidentally, an account number (XXXX XXXX XXXX XXXX like on a card). I haven't done anything about it and haven't heard any more, but is that a D of A?

 

No.... that won't be a D of A. I am interested to know if the account numbers are entered into the D of A upon sale. I assume they must be... otherwise how would the DCA get them ? If that is the case.... and I can prove it.... I may be able to take mine to court for a refund (incorrect account number). I have no way of proving this for the moment though because I have no right to see the D of A .... (DPA)

Any Mods in the know???

 

[KJD]

I did do a bit of googling last night ( ) but comp was on a go slow (as was my brain!) The only thing I came up with was a version of one, albeit not for a credit account, which had quite specific information on eg legal headings & jargon, witnesses (names & signatures) etc. It was a pretty formal looking. I did see one 'leaflet' where a D of A had been produced in court to do with mortgages and the judge had said something to effect that although it did not have all the prescribed terms it was sufficient for the purposes intended.

 

(Sorry for the interruption, Winny )

[winny14]

no problem with the interuption but from what i've seen of your threads your both clued up so please advise on my letters,

i know they are long winded.

i'm also interested in the Dof A issue because i dont believe for one minute that link have legal right over this account with abbey or the way they have processed my information, any way i can throw stuff at them is in my interest:p

[winny14]

i was also under the understanding that if someone passes your debt to a third party they had to have your signed consent?

and the original owner had to formally notify you that this was happening?

i've read this on here somewhere but not sure if its correct or where it is?

i get lost in all the threads and side tracked too:)

[PriorityOne]

I refer to my letter of 30/03/07, signed and received by you on the 02/04/07.

 

To date you have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement and have therefore defaulted in respect of the above account. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law.

 

If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement. However, you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you.

 

Therefore, I do not acknowledge ANY debt to your company or to any company that you may claim to represent. According to my bank statements and receipts, you have taken a total sum of £xxxx in unlawful payments over the past xx years/months. I therefore request all monies that I have paid to your company be returned to me. I also request the immediate removal of all entries on my Credit Files.

 

At this point, I would draw your attention to the content of both the Consumer Credit Act 1974 and the Data Protection Act 1998, the substance of which should clarify your current position, future conduct and direction regarding both my personal data and unenforceable debts.

 

Failure to comply with my requests will result in offences committed under the Data Protection Act,1998 being referred to the Information Commissioner. Failure to repay the sum outlined above will also result in this matter being escalated with the Office of Fair Trading, Trading Standards, the Financial Services Authority and the Credit Services Association.

 

I will give you 14 days to reply to me accepting, unconditionally, my requests in principle and letting me know a date by which I will receive payment and when all entries will be removed from my Credit Files. If you do not respond, or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline for the full recovery of monies owed, plus interest, plus my costs and without further notice. I will also provide the Office of Fair trading with full consent to begin investigating your collection procedures in the absence of any legal documentation to substantiate an alleged debt, as well as your legitimate right to collect upon it.

 

Without ambiguity, I trust I make myself perfectly clear, and invite your considered response before I take this matter further.

 

Yours faithfully,

 

 

Hope the above helps.... adapt it to your needs for each company

[winny14]

wow!!! thanks priority thats a fantastic letter and i'll certainly be using it:D

just to share a bit of good news i've received conformation today that i'm now the sole owner of my house, i've been fighting for this since 2001 due to EX husbands bancruptcy and him now becoming my EX.

all legally done and it only cost me £40 no solicitors to pay,

Yipee:D :D

[KJD]

i was also under the understanding that if someone passes your debt to a third party they had to have your signed consent?

and the original owner had to formally notify you that this was happening?

i've read this on here somewhere but not sure if its correct or where it is?

i get lost in all the threads and side tracked too

 

Oh me too, Winny!

 

I've had letters from companies, eg the original creditor saying 'we've sold your debt' and from the DCA 'we now own your debt'. But 'Deed of Assignment' sounds more official than just a couple of 'memos' on headed paper. Will google a bit more later and see what turns up. Hopefully one of our esteemed legal-eagles will come along soon...

 

And P1 - fabulous as usual. Have copied your letter into my 'Just in case' file.

[PriorityOne]

wow!!! thanks priority thats a fantastic letter and i'll certainly be using it:D

just to share a bit of good news i've received conformation today that i'm now the sole owner of my house, i've been fighting for this since 2001 due to EX husbands bancruptcy and him now becoming my EX.

all legally done and it only cost me £40 no solicitors to pay,

Yipee:D :D

 

 

Ex husbands... ex Debt Collection Agencies.... it just gets better and better !!

 

[winny14]

'Ex husbands... ex Debt Collection Agencies.... it just gets better and better !! '

 

i know!!!! this is my year for clearing the past and i'm gonna kick a*** with these DCA'S,

with the help and support from you brilliant people of course:D

i havn't even started on re-claiming my bank charges yet:p

[winny14]

have complied my letters after non compliance of cca requests and these will all be posted, recorded of course, in the morning.

i have cheekily asked for all monies to be repaid and defaults removed.

i was brought up to believe if you dont ask you dont get, so thought it was worth a try

 

link is the exception here (abbey) because with them i refuse to acknowledge the debt and will continue to do so until they can prove legal ownership:roll:

have just been going through EX's bancruptcy papers and found MNBA credit card that got sold to link, they never recieved any money due to it being included in the bancruptcy.

Link lost out on £5909.81 :lol:

[winny14]

hi everyone,just a quick update.

i have now made a complaint about link to: trading standards, FSO and ICO. did this on 2nd may

FSO where very good and are taking the complaint in the first instance to abbey, they say that has they are the original lender then they are accountable for the actions of the DCA they pass the debt to.

they are going to be telling abbey that my cca request must be complied with, the debt is in dispute and can not at this time be persued and that link financial must stop harrasing me by telephone.

link have rang me 7 times since recieving my letter telling them not to ring me and even had the audacity to be abusive to my daughters 18year old boyfriend last week

the nice man i spoke to at FSO told me he had dealt with a complaint about link the previous day, looks like some people at link will be getting their hands slapped:D

my compliant to trading standards will be dealt with locally and i should expect to hear from them soon.

ICO wasnt too helpfull at this stage but i can get back in touch if my data starts being passed around.

my cca requests where recieved and signed for on the 2nd april and the default date was 19th April due to easter weekend being in the middle.

does the calander month begin after the 19th April, taking it to 19th may?

last week i sent this letter to link

To Whom It May Concern:

I refer to the recorded letter I sent you dated 30/03/07, which was signed and received by you dated 02/04/07.

The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 30/03/2007 I made a formal request for a copy of the signed, executed credit agreement for the above alleged account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 19/04/2007 this account became unenforceable at law,

you have failed to comply with my lawful request under the relevant sections of the Consumer Credit Act 1974.

 

The alleged account is “in dispute” and until the dispute is settled no further action can be taken on it by you or any third party, including but not limited to any data being processed and passed to any credit reference agencies. In fact I revoke my permission for you to process ANY data without my express permission.

 

I will not accept any phone calls from you or your agents and want every communication documented in writing. I clearly stated in my letter dated 30/03/2007 that all correspondence must be by letter only and under no circumstances is anyone from your organisation or connected to it telephone my home.

As I am sure you are aware Harassment of alleged Debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970.

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003.

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997.

The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences. Additionally Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

 

Further it is my contention that your company is in breach of the Office of Fair Trading guidelines on harassment.

Your employee MR NASTY B'STRD, has rang me on: 2 separate occasions on the 4th April 2007 and spoke in a threatening and intimidating manner. He rang my home again on the 24/04/2007. he rang again twice 02/05/2007.

I feel I have no option but to report your conduct to the relevant statutory authorities, including Trading Standards, the Financial Services Authority and the Office of Fair Trading.

 

If I should receive another telephone call from any person from your company at any point then I will be contacting the police to report the criminal offence of harassment and will be naming your company and your employee in my statement to the police.

 

I trust that I have made myself clear and that all future correspondence with your company will be in writing.

I must warn you that all calls have been and WILL continue to be recorded for future reference and use if needed. No further warning will be given

Please read the current legislation before replying with a standard letter.

No further correspondence will be entered into unless you comply with the FULL contents of my lawful request stated in my letter to you dated 30/03/07 as referred to above.

If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement. However, you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you.

 

Therefore, I do not acknowledge ANY debt to your company or to any company that you may claim to represent.

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.

 

yours sincerely

winny

not much happening with the other DCA's at the moment.

i have wrote to moorcroft requesting my money back and they have replied with a 2 line letter saying my account with them is now closed and passed back to littlewoods.

i will request the money again but i'm first waiting to see what littlewoods do. they dont have a cca as they sent me a blank copy of one:eek:

i have wrote to them and asked them to close the account and remove the default on my credit file.

and global (TSB) are all quiet at the moment,

so thats the story so far and i will keep the post updated with the response i get from trading standards and FSO,thanks everyone who has offered advice and supporrt, i couldnt have took these people on without without the knowlegde of this brilliant website and the support is fantastic,

thank you all:) :)

[PriorityOne]

thank you all:) :)

 

Power to you Winny !!..... and it's good to see you smiling.

 

[winny14]

hi everyone,

i have updates and some of this is long winded and i need guidance please on how to respond:confused:

i hope i dont confuse everyone too much.

this is the letter i sent to moorcroft regarding littlwoods and their response follows.

 

24/04/2007

To Whom It May Concern:

In acknowledgment of your letter dated 18/04/2007 whilst I appreciate your admittance in being unable to supply a copy of the signed credit agreement I refer you back to my original request.

I refer to my letter dated 30/03/2007 which was delivered via Recorded Delivery to your offices on 02/04/2007.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my authority was obtained in the original agreement. However, you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you.

 

Therefore, I do not acknowledge ANY debt to your company or to any company that you may claim to represent. You have taken unlawful payments from me as the statement of account will show.

I require the following action from You:

 

1. All payments made to date to this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

3. After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

Failure to comply with my requests will result in offences committed under the Data Protection Act, 1998 being referred to the Information Commissioner. Failure to repay the sum of money you received from me will also result in this matter being escalated with the Office of Fair Trading, Trading Standards, the Financial Services Authority and the Credit Services Association.

Although I am aware ‘your client’ Littlewoods is aware of my request I will take separate issue with them. My prime issue with you is to recover money you unlawfully received from me.

 

I will give you 14 days to reply to me accepting, unconditionally, my requests in principle and letting me know a date by which I will receive payment and when all entries that may have been made will be removed from my Credit Files.

Without ambiguity, I trust I make myself perfectly clear, and look forward to resolving this matter amicably.

Yours sincerely

their response

moorcroftresponse.jpg - Image - Photobucket - Video and Image Hosting

global debt recovery re tsb

i sent this wich they recieved 04/05/2007

To Whom It May Concern:

I refer to my letter dated 30/03/2007 which was delivered via Recorded Delivery to your offices on 02/04/2007.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my authority was obtained in the original agreement. However, you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you.

I have no recollection of receiving formal notification of assignment of the alleged debt to FV -1 as you state in your letter.

I refer to your letter to me dated 03/04/07 where you suggest I have defaulted on my alleged agreement.

I am somewhat bemused by your suggestion as it appears that it is you who is in default, not I.

Please could you clarify this for me?

Could you please explain who the legal owner of the alleged account is? I am somewhat confused has to you saying I have defaulted yet you state in your letter assignment of the alleged debt to FV-1.

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 19/04/2007 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974.

Therefore, I do not acknowledge ANY debt to your company or to any company that you may claim to represent. You have taken unlawful payments from me as the statement of account shows.

I require the following action from You:

 

1. All payments made to date to this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

3. After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

Failure to comply with my requests will result in offences committed under the Data Protection Act, 1998 being referred to the Information Commissioner. Failure to repay the sum of money you received from me will also result in this matter being escalated with the Office of Fair Trading, Trading Standards, the Financial Services Authority and the Credit Services Association.

I will give you 14 days to reply to me accepting, unconditionally, my requests in principle and letting me know a date by which I will receive payment and when all entries that may have been made will be removed from my Credit Files.

Without ambiguity, I trust I make myself perfectly clear, and look forward to resolving this matter amicably.

Yours sincerely

 

 

their response

 

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i did default on this because i cancelled my direct debit with them on 02/042007 and i only cca'd then on the 30/03/2007 which they signed and recieved 02/04/2007. i got a bit over enthusiastic i think

 

now on to link finacial re abbey.

 

i sent them the letter posted in previous post above and also reported them to FSO on 04/05/2007

today i recieved this letter from them

 

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they are still claiming they where assigned the debt on the 31st januaury 2007 yet as i have said before my credit report is showing that abbey owned the debt dated 04/03/2007???

i feel like i should respond to this letter but not sure how?

all the above recieved my cca requests 02/04/2007 and none of them have complied.

they all defaulted this on 19/04/2007 so i'm guessing the further calender month is 19/05/2007?

any ideas on what my next step should be here?

sorry its such a long winded one,

thanks everyone

[PriorityOne]

I have had a quick read through... and no-one has an Agreement for you.

 

Moorcroft say they are no longer dealing with the account and have passed it back to Littlewoods.... who are unlikely to have an Agreement because most catalogues don't bother .

 

Global are requesting a CCA from Lloyds.... According to what they are saying, the account was assigned to them by Lloyds with all the "right, title and interest"... but with no Agreement, it seems . The debt was then assigned to FV-1 with the same "right, titile and interest"... who then asked Global to administer it for them ! This account has been passed from pillar to post so often that it's doubtful anyone will be able to locate an Agreement.

 

As for Link... they are also requesting a copy Agreement, despite the debt being sold to them.

 

Three different sets of plonkers.... all without an Agreement . No Agreement = no enforceable debt. Re-claiming the money was a shot in the dark, but worth making anyway. If they are all beyond the 2nd deadline of one calendar month and are still pursuing you for payment.... report them all to Trading Standards and the OFT.

 

[winny14]

hi priory (oops i think i need a drink, too much studyng and not enough fun)

i mean priority of course

i have reported link to all and sundry and think this is why i received an apology. also the FOS are reffering this complaint to abbey because they are also responsible for the conduct of link.

link have said they will close my file if they dont hear from me within 8 week, i presume they mean with regard to my compliant and not my account so not sure if i should respond further?

 

i'm still confused as to link saying they bought this debt 30th january yet its still showing abbey being the owners on my credit file:confused:

 

i dont think any of them will come up with the CCA but i'm concerend that this will come back in the future if i cant get them to close my accounts for good.

is this where complaining to TS,OFT and FOS will give me some leverage?

 

whats your opinion on my default with global, have i shot myself in the foot there and can they use this against me

 

i agree re: claiming the money was a shot in the dark but i might try again if it encourages closure

 

thanks for replying to me you have been a massive help,

time for wine now i think :)

[PriorityOne]

i have reported link to all and sundry and think this is why i received an apology. also the FOS are reffering this complaint to abbey because they are also responsible for the conduct of link.

link have said they will close my file if they dont hear from me within 8 week, i presume they mean with regard to my compliant and not my account so not sure if i should respond further?

 

I am not sure that you will get any further with a complaint yourself, but as Link have no CCA for you.... they have no business pursuing you for anything now. If they do come up with a CCA from Abbey, then they may be able to get it re-enforced (providing it is indeed a properly executed CCA). If they pursue/harrass you however without producing a CCA, then it makes no difference whether they close their file or not.... report them for everything.

 

i'm still confused as to link saying they bought this debt 30th january yet its still showing abbey being the owners on my credit file:confused:

 

I assume this is because Abbey defaulted you before selling the account on. Link may have got their dates wrong.... someone appears to have their dates wrong anyway. Worth mentioning as part of your complaint, if you have not already done so.

 

i dont think any of them will come up with the CCA but i'm concerend that this will come back in the future if i cant get them to close my accounts for good.

 

Probably the only way they will agree to this is if you are prepared to offer a small full and final payment. It depends how strongly you feel about closing it down for good and how much you are willing to settle with. I have not bothered with mine..... but I know that some people prefer to settle. If there is no CCA... then you should also go after the default removal from your credit file.

 

is this where complaining to TS,OFT and FOS will give me some leverage?

 

It's worth mentioning, if you decide to go for a F & F.

 

whats your opinion on my default with global, have i shot myself in the foot there and can they use this against me

 

Without a CCA..... I can't see how they cannot use anything against you. Anyway, you haven't defaulted on any Agreement with Global... because you never signed any Agreement with Global.... and no-one has managed to produce the original CCA so far.

 

i agree re: claiming the money was a shot in the dark but i might try again if it encourages closure

 

thanks for replying to me you have been a massive help,

time for wine now i think :)

 

My pleasure.... enjoy your wine, you deserve it !!

 

 

[winny14]

I assume this is because Abbey defaulted you before selling the account on.

abbey deafaulted me in may 2001 and its due to drop of my file this month, previous to link getting involved i was paying credit security, last payment to them was march 2007 then link yeared their ugly heads

 

Without a CCA..... I can't see how they cannot use anything against you. Anyway, you haven't defaulted on any Agreement with Global... because you never signed any Agreement with Global.... and no-one has managed to produce the original CCA so far.

good point cant believe i missed that