Help composing letter to solicitor, please?

[reduk054]

Thank you Hopeful1, I may just use this FOS route for my other half-started bank reclaim charges.

I know what you mean about having to worry about so many things, sometimes, as fun as this is, it can be draining, especially when looking for info. And other things in life come and go. My hubby could not believe when I first joined this site that you could reclaim charges successfully however after the first one was won (lloyds £4k) he was certainly up for going to court to fight the battles (until Lloyds got their own back and forced bankruptcy).

I agree that the FOS look like a cheaper and more reasonable route. i say this as after bank charge cases kept getting kicked out of court, just imagine, all of that work and stress just for a judge to pull the plug!

Thank you for the info.

No - still not complained about ARC, they were hassling hubby. My first compaint will be about RMA/NCO, as they have really upset me in the past!

Red

[Hopeful1]

Hubby has received a default notification letter from MBNA. They are in default for CCA request and we're waiting for the S.A.R. to come through (we've done the ID delaying tactics bit). If the date on today's letter is correct, it would have been posted prior to the "THIS ACCOUNT IS IN DISPUTE BUG OFF" letter that was sent to them at the weekend.

 

I'm going to have a look in the MBNA forum now as i want to find a good contact name and/or an e-mail address. In the meantime, if anyone reading this can help, please post!

 

Arc's solicitors were threatening action, so i wrote telling them the account is still in dispute. Told them awaiting "true copy of executed agreement" (i.e not the thing i've scanned earlier on in this thread) and S.A.R from the OR. Arc obviously took offence at the bold writing of the word true. They've sent another copy of "agreement" and a snotty letter.

 

In a few days i will write to say account is still in dispute whilst awaitng S.A.R but will enclose a token payment. This is simply because i haven't decided whether to dispute debt or go down the charges route.

 

Oh, will also be requesting complaints procedure from BCW because they do not seem to know when to give up with 'phone calls.

 

Forward march

[rory32]

Does the default notice conform?

 

Section 88 of the 1974 Act provides for the sending of default notices and allows regulations to be made specifying the form and content of these notices. The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 prescribe the form and content of these notices.

 

The default notice must contain all of the necessary information which includes

• a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
  
• a description of the agreement
  
• the name and address of both the debtor and the creditor
  
• details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
  
• a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
  
• a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
  
• a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement)
  
• if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
  
• if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
  
• statements saying:
  if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time
  if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau

Also as of 1st October 2006 the period of notice to remedy the breach was increased from 7 days to 14 days from the date of service of the default notice. The CCA quite clearly states that the creditor shall not take action such as mentioned in s87(1) before the date so specified or before those 14 days have elapsed.

[Hopeful1]

Hi Rory

 

The letter they have sent is not the actual default notice. It is basically saying the account is in arrears and if it's not brought up to date a default will be registered and the agreement will be terminated (WHAT AGREEMENT - WE'RE STILL WAITING!!!).

 

It then says to 'phone to make payment. Or ring to "ensure we can provide you with information to help you deal with your finances, including advice on the action you need to take to stop the Default being registered against you".

 

As i say, they're in default for CCA and still awaiting S.A.R., so i'm not worried...at the mo!

[babybear39]

Hiya Hopeful1,

 

Checking in and wishing you and yours very well

 

Thanks for your continuing support,

 

*hugs*

 

BB

[rory32]

It is basically saying the account is in arrears and if it's not brought up to date a default will be registered and the agreement will be terminated (WHAT AGREEMENT - WE'RE STILL WAITING!!!).

Not the sharpest tool in the box. I use the word tool deliberately.

[Josie8]

They're just bullies.............................

[Hopeful1]

You're both spot on . Thank god i now know you don't have to be bullied.

 

I'll post with anymore developments. Thank you both for responding.

 

MBNA here i come!

[Hopeful1]

I've previously e-mailed BCW with regards to telephone harrassment, only to again come home to 2 telephone messages from them. They have defaulted on my CCA request as well. I will definitely be posting a letter tomorrow asking for a copy of their complaints procedure. I know i shouldn't wish my life away but i'm just counting down the 30 days now!!!

 

I've made a S.A.R request to Egg which expires mid July and they've said i'll receive it on a date closer to the end of July....whatever!! Keeps Arc off my back for a little bit longer - that can't be a bad thing!

 

[angry cat]

Hi Hopeful1:)

 

I have just posted the following letter:-

 

http://www.consumeractiongroup.co.uk/forum/egg/4267-angry-cat-egg-egg-10.html#post935462

 

Hopefully, it will prove to be of some assistance to you!

 

Love

Angry Cat

[Hopeful1]

Thanks AC i've left a message on your thread.

 

Had written to BCW's solicitors re account in dispute so stop threatening court action. Have received a reply to say the paperwork is with "our Client's debt recovery agents, BCW Plc" - I thought BCW were their clients??? It then says please contact our Client directly BCW Group Plc! Very bizarre, not worrying about what they call each other. All i know is that they are in default for producing the CCA and the 30 day expiry deadline is ticking away

[babybear39]

Hey Hopeful1

 

Just popping in to wish you and yours a great weekend *hugs*

 

BB

[minky93]

Hey Hopeful1

 

Just popping in to wish you and yours a great weekend *hugs*

 

BB

 

Me too Hopeful1 have a good weekend

 

minky xxx

[Hopeful1]

Thank you for popping in both

 

NDR were in default for CCA. Not heard a sauage from them which is often a bad sign. Now it's exit NDR and enter Moorcroft wih NO notification. They've sent me a letter saying it fulfills requirement of providing a notice of "intended litigation" . Time to roll out another CCA request i guess. I think i may contact sneaky Littlewoods for their complaints procedure too, seens how they did not inform me who they were passing the account to. Blinking nuisances they are!

[babybear39]

Hi Hopeful1,

 

Good luck with Moorcroft, they're sneaky and like adding large amounts to alledged debts...

 

BB

[joneshousehold]

Does anyone know if Moorcroft are licensed as credit agents and if so under what name?

[rory32]

Registration Number: Z5351122

Date Registered: 18 April 2001 Registration Expires: 17 April 2008

 

Data Controller: MOORCROFT DEBT RECOVERY LIMITED

 

Address:

MOORCROFT HOUSE

2 SPRING GARDENS

STOCKPORT

CHESHIRE

SK1 4AJ

This register entry describes, in very general terms, the personal data being processed by:

MOORCROFT DEBT RECOVERY LIMITED

 

This register entry contains personal data held for 2 purpose(s)

Purpose 1

 

Staff Administration

Purpose Description:

Appointments or removals, pay, discipline, superannuation, work management or other personnel matters in relation to the staff of the data controller.

Data subjects are:

Staff including volunteers, agents, temporary and casual workers

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Education and Training Details

Employment Details

Financial Details

Racial or Ethnic Origin

Religious or Other Beliefs Of A Similar Nature

Physical or Mental Health or Condition

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Education, training establishments and examining bodies

Suppliers, providers of goods or services

Financial organisations and advisers

Central Government

Employment and recruitment agencies

Transfers:

None outside the European Economic Area

Purpose 2

 

Debt Administration and Factoring

Purpose Description:

The tracing of consumer and commercial debtors and the collection on behalf of creditors. The purchasing of trade debts, including rentals and instalment credit payments, from business.

Data subjects are:

Customers and clients

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Financial Details

Goods or Services Provided

Offences (Including Alleged Offences)

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Business associates and other professional advisers

Other companies in the same group as the data controller

Suppliers, providers of goods or services

Credit reference agencies

Debt collection and tracing agencies

Traders in personal data

Central Government

Courts / Tribunals

Transfers:

None outside the European Economic Area

[joneshousehold]

Rory that seems to be registration for DPA but what about CCA?

[PriorityOne]

Are you wanting to know if they are licensed as credit agents in relation to debt purchase ?

[joneshousehold]

I thought all DCA's had to be licenced these days but I can't find out where I saw that. I also can't see that Moorcroft have a credit licence but I am not sure if I am checking in the right places.

[Hopeful1]

Hi Joneshousehold. If / when you discover the answer to the question you've posed, would you post it on this thread, please? I'd be really interested to hear it.

 

In the meantime i will keep this thread updated with the responses i receive as they are non too popular. Funny enough they are managing another account and have been very co-operative, but i've a sneaky suspicion this one will not be so easy.

 

Is it advisable to send a token payment whilst i wait for the 12 day expiry? The reason i ask is that i've assumed NDR have asked Littlewoods for the CCA and they've not got it, but passed it to Moorcroft in the hope scare tactics will work. Littlewoods were in default - does this not carry on or does it start again 'cause someone else is dealing with it? Hope this makes sense. Now i'm thinking i send the CCA anyway because a lack of it means Moorcroft cannot pursue.

 

I'm sorry i'm thinking out loud (aka rambling!!! )

 

If anyone has a vague understanding of what i'm on about, feel free to comment!

 

As for me, i think i need an early night. Good night and god bless all

[rory32]

joneshousehold, you would have read probably on the OFT's website that they need to have a consumer credit license.

 

You are likely to need a licence if you want to:

• sell on credit
  
• hire or lease out goods for more than three months
  
• lend money
  
• issue credit cards or trading checks
  
• arrange credit for others
  
• offer hire purchase terms
  
• collect debts
  
• help people with debt problems
  
• advise on people's credit standing. credit license.

I can't find a public registrar of companies. You may wish to e-mail the OFT (as they issue the licenses) to check. E-mail address is mailto:[email protected]

[PriorityOne]

So... if it turns out that they don't have a consumer credit licence, does this mean that they cannot legally collect on debts that they have bought ?

[minky93]

Hi! Hopeful

 

New to all this so I can't offer anything but my support and I will be interested in what the answer is!

 

Have a good nights sleep....

 

minky xxx

[rory32]

So... if it turns out that they don't have a consumer credit licence, does this mean that they cannot legally collect on debts that they have bought ?

Yes