Turning The Tables... I'm chasing the DCA for money

[PKea]

If you pay a DCA the £1 fee for the CCA request and they cannot produce this, can you demand the pound back?

 

The reason I ask is that I had an account in dispute with BT over a penalty charge, I owed part of the debt and disputed part.

BT passed the full amount to Moorcroft, even though BT had told me that had no proof I agreed to the contract.

Anyway the debt was £600 in total, £400 calls and line rental, £200 termination penalty for line rental.

 

I got the usual letters from Moorcroft threatening court, litigation, legal costs and so on.

 

I have now paid the amount I admitted to, direct to BT in 2 payments (Moorcroft got a bit upset) and BT have credited my account with the amount I disputed, so its sorted now.

 

BUT I also sent Moorcroft a cca request, which I know they can’t produce because a) there isn't one and, b) it won’t apply to the BT contract.

 

Tomorrow it will be 12 + 2 days.

 

What I am looking to do is to reverse the tables on Moorcroft to claim

back my pound.

 

At present Moorcroft have acknowledged receipt of my pound and credited to my account, which has the following issues:

a) My account is fully satisfied so my account is in credit by £1

b) They are ignoring my cca request

c) They are accepting payment under false pretences

 

What I intend to do is to send them a letter stating that 12 days has passed, then a letter when 30 days is up.

 

I will then produce paperwork similar to theirs and start the process to chase them for the pound, the only difference being that I will follow through my intentions and not send empty threats like they do.

 

I will keep you all informed and I will post all my correspondence.

 

Paul

 

"Wisdom Begins In Wonder"

My advice is based on my personal experience and should be taken as such.

If I have helped you, Please click the Scales

Guide To Claiming Back Charges

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Guide to Court

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Wasted Costs & Spreadheet

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Abbey WON - MNBA WON - BARCLAYS WON - HALIFAX(1) WON - BT WON

[djweeble]

I like your way of thinking.

 

Perhaps we should all persue the DCA's for our money back when they fail to stump up the required agreements

[diskmandave]

I'm going after Robinson, Way & Co too

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co.html

[diskmandave]

* £200 termination penalty for line rental.

 

Can't you claim that back from the OC using the bank charges method Paul?

 

Regards, Dave.

 

[clavileno]

* £200 termination penalty for line rental.

 

Can't you claim that back from the OC using the bank charges method Paul?

 

Regards, Dave.

 

 

BT contracts usually stipulate a minimum 12-month term, so you'd be liable for the balance of the contract. I don't think this would be unenforceable or unlawful. If they charged you the remaining line rental AND a "penalty" on top that might be a different matter.

 

A less-known point for business customers who take out 5-year contracts is that the cancellation cost is only 20% of the line rental remaining on the contract.

[PKea]

I have already won the case

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/80936-bt-penalty-charge-termination.html

 

Just going after Moorcroft for My Quid

[Hopeful1]

It's nice to read a post that makes me laugh I hope i eventually get chance to do the same.

 

Good on ya!

[clavileno]

I have already won the case

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/80936-bt-penalty-charge-termination.html

 

Just going after Moorcroft for My Quid

 

Well done. Looking at your other thread, I agree with you. If they cannot prove that they told you about the contract then they can't enforce it.

 

My point was in response to the question from another poster as to whether the charge could be reclaimed on the same basis as that for bank charges, i.e. the "unlawfulness" of the "penalty charge". My opinion on that still stands - if you knew about the contract term at the time of order then it isn't an unlawful penalty that can be challenged.

 

Good luck with Moorcroft!

[Richard Spud]

Regards to All

[PKea]

Ok, Day 12+2 and no info.

 

Sending this letter out in the morning

[amended version of a letter posted by Josie8]

 

Moorcroft Debt Recovery Limited

PO Box 17

2 Spring Gardens

Stockport

Cheshire

SK1 4AJ

22nd June 2007

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

 

Ref: xxxxxxxxxxxxxx

I wrote to on 1st June 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque (no 100048) as the fee payable. This letter was delivered as you have acknowledged receipt of the payment and cashed the cheque.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 21st June 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 21st July 2007 this time limit will have expired.

 

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to the same. As such, this account has become unenforceable by law. 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

(b) If the default continues for one month he commits an offence. As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

 

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (21st June 2007)

 

 

Data Protection Act (Data Protection Act 1998

 

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

If you are unable to supply any information you are also required to return the £1.00 fee that was paid, as you have not provided the information for which the fee was levied.

 

 

Yours faithfully,

PKea

 

 

Ile keep you all posted on this

 

Also i am sending out 8 more CCA requiests to a varied range of DCAs to whom I am currently paying which includes the likes of Intrum Justita, CL Finance, Direct Legal, Robinson Way, Lewis Debt Recovery (part of CL), Allied International Credit and Wescot.

I will update on these as well as I go along

 

Paul

 

[stadium_arcadium]

Ooooh Paul, good on you!! What a wonderful idea, can't wait to see how this progresses!! heehee!

[freerider74]

I have already won the case

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/80936-bt-penalty-charge-termination.html

 

Just going after Moorcroft for My Quid

 

LOVE IT!! :grin:

 

i'm beginning to wonder whether i should do the same now, as a few yrs ago i got into a mess (after hubby left me with some 'expensive reminders'!) and had various DCA's chasing me...Moorcroft, Westcot, Accent Debt recovery, Jacobs bailiffs etc....and there was me rolling over on my back like an obedient dog and paying the b*ggrs!

 

at the time i was sooo scared they would take me to court etc, that i paid up. i wonder how many of the DCA's actually had a signed copy of any credit agreement, and had the proper legal right to pursue me?!

 

if i'd have known then what i've since learned on this site, maybe i wud have been much better off and my credit rating better and not ending up with a 'specialist' mortgage (aka legal liscence to charge rip off rates!)

 

even tho debts have been paid is it worth doing a CCA request to the DCA's and if poss to recover monies paid esp if they had no legal basis to recover the money?? Hmmmm!! any thoughts?? :rolleyes:

 

wud be gud to turn the tables on them for sure:-D