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have sent the harressment letter & phones calls have stopped, although we've just found our phone is broken. we did have a withheld number ring yesterday when we were out so they may have been ringing to see if i'd received the copy of the application form.

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  • 3 months later...
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received a letter today from moorcroft debt recovery :-

we have been instructed by barmycard

to collect your overdue debt of £****

it is a legal requirement to send a notice of INTENDED LITIGATION before legal proceedings in the county court are issued. this letter fulfils this requirement even if it is not read by you.

to prevent legal action being taken it is essential that you settle this debt without delay. payment should be submitted in full within 7 days or contact made with this this office immediately... with your payment offer. failure to contact us by 10am on15/02/08 may result in legal proceedings being issued against you without further notice.

we would draw your attention that ifjudgement and an order for repayment in full is obtained and remains unpaid enforcement of debt may be sought by one or more of the following procedures.

1. warrant of execution by bailiffs against goods owned.

2. application for attachment of earnings order with your present or future employer.

3.application for a charging order on any propery you may own or are purchasing under a mortgage.

we would emphasise that should judgement be entered against you this may affect any future credit application you may make elsewhere etc etc etc

any ideas what i should do. should i cca them or tell them i'm still in dispute with alliance one?

any advice greatly appreciated

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Send them the following letter from our resident “Librarian”. This should shut them up ;):-

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened. I include a copy of this correspondence for your perusal and ease of reference.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

Edit to suit :)

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thanks for that, i only ever received 1 letter from alliance one & then 2 copies of the application form sent from barmycard. should i mention about having received the application form instead on a cca?

 

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No need Smiffy

 

Letter's fine but don't forget to take out your asterisks (*** - those!)

 

This is a funny way to reply on a thread *giggles* I will ask a MOD to see if they can resurrect it when they're not frantically trying to sort out CAG!!

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do you think this would be ok?

ACCOUNT IN DISPUTE

Dear Sir,

Account number:evil:xxx xxxx xxxx xxxx

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Alliance One and has been since 13 July 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

I requested a copy of my consumer credit agreement on 20th July 2007 have as yet have not received this information from Alliance One.

Alliance One are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Alliance One for resolution of these defaults and breaches, as Moorcroft cannot lawfully pursue any enforcement activities.

 

If Moorcroft chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

again any advice greatly appreciated

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  • 4 weeks later...

received another letter from moorcroft today.

notice of intended litigation

to prevent the above action send payment in full before 14/03 or telephone immediately.

if you do not respond to this letter we will assume you are purposely avoiding repayment of this debt and will take the necessary steps to secure settlement which mat include issuing legal action against you. please note if legal action is necessary you debt will increase as follows

current bal £****

solicitors costs £**

court fees £***

solicitors costs for entering judgment £**

am getting really worried :o now has anyone got any ideas what i should do?

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received another letter from moorcroft today.

notice of intended litigation

to prevent the above action send payment in full before 14/03 or telephone immediately.

if you do not respond to this letter we will assume you are purposely avoiding repayment of this debt and will take the necessary steps to secure settlement which mat include issuing legal action against you. please note if legal action is necessary you debt will increase as follows

current bal £****

solicitors costs £**

court fees £***

solicitors costs for entering judgment £**

 

am getting really worried :o now has anyone got any ideas what i should do?

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This is just a sign of their desperation. Have you made a complaint to Trading Standards yet? You also need to make an official complaint in writing to Moorcroft.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Your first step is to give Consumer Direct a call and explain the whole thing to them.

Consumer Direct

They in turn will start the ball rolling with TS.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 months later...

have received yet another letter today from moorcroft, exactly the same as the previous one except we should respond by the 9/06/08.

should i send them another of curley ben's letters, see thread barclay/mecers/alliance one/moorcroft. if they're going to do it why don't they just get on with it???

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  • 3 months later...

received a new letter from link today, 1st since july 2007 when they said it may take 30 days to obtain my cca.

it claims to be a default notice....

we link financial, give you notice of default acting on our own behalf as assignee of the benefit of the above referenced agreement & debt, and on behalf of mbna to the extent that they are still a creditor.

you have breache clauses 1b & 8 of the agreements which require you to make payments at stated times. in order for you to remedy this breach you are required to make full repayment of the outstanding balance £alot by 6th october 2008.

if the action required by this notice is taken before the date shown no further enforcement action will be taken.

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.

on or after the 6th october the agreement will be terminated.

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 or any surety more time.

if you are not sure what o do, you should get help as soon as possible.for example contact a solicitor, your local trading standards or cab.

your sincerely link

any ideas how or if i should respond?

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received a new letter from link today, 1st since july 2007 when they said it may take 30 days to obtain my cca.

it claims to be a default notice....

we link financial, give you notice of default acting on our own behalf as assignee of the benefit of the above referenced agreement & debt, and on behalf of mbna to the extent that they are still a creditor.

you have breache clauses 1b & 8 of the agreements which require you to make payments at stated times. in order for you to remedy this breach you are required to make full repayment of the outstanding balance £alot by 6th october 2008.

if the action required by this notice is taken before the date shown no further enforcement action will be taken.

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.

on or after the 6th october the agreement will be terminated.

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 or any surety more time.

if you are not sure what o do, you should get help as soon as possible.for example contact a solicitor, your local trading standards or cab.

your sincerely link

 

any ideas how or if i should respond?

 

 

 

 

Hello smiffy,

 

 

Well, well, would you believe it.

 

I got the very same letter after not hearing from Link for donkey's!!!

 

I guess you could remind them that they are still in default of your CCA request. That's what I will probably do. I'll be telling them that until I receive a "true copy of the executed credit agreement" I will not be communicating with them at all.

 

It's your shout though!

 

 

Best wishes, Jeff.

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i've been reading thru alot of other threads in the same situation & if i'm reading them correctly, the majority seem to think it's better to ignore them until they come up with a cca. does it make any difference either way?

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i've been reading thru alot of other threads in the same situation & if i'm reading them correctly, the majority seem to think it's better to ignore them until they come up with a cca. does it make any difference either way?

 

 

 

Hi,

 

 

I think the main thinking behind this theory is if you remind them that they still haven't complied with your request they might just find one. If it is enforceable then they are no longer in default and you will have to come to an arrangement with them.

 

If you say nothing, then all the letters and phone calls that they may keep on sending are harassment. By keeping all your letters and logging/recording your calls you will be building a strong case against them!

 

So in other words, if you poke them with a big stick you might just wake them up! If they aren't bothering you, then let sleeping dogs lie for now!

 

Others may have some more reasons.

 

 

Jeff.

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i can understand if they are harrassing people but i've never had a phone call from them. the only letters i've had are their intitial introduction letter, the it may take some time to find your cca & then over a year later the default letter. i'm just interested to see what there response wolud be if i write & tell them they are in default.

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i can understand if they are harrassing people but i've never had a phone call from them. the only letters i've had are their intitial introduction letter, the it may take some time to find your cca & then over a year later the default letter. i'm just interested to see what there response wolud be if i write & tell them they are in default.

 

 

 

Hi,

 

 

It's just a guess, but they will probably say something like;

 

We don't have to comply with your request as we are not the creditors for the purpose of the CCA 1974!

 

We all know it's b******s, but that is what I think they may reply with!

 

 

Good luck, Jeff.

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  • 1 month later...
  • 2 months later...
  • 2 weeks later...

The Egg one is unenforce because it's lacking a prescribed term. It does not state a credit limit. It states an approved limit.

 

The Morgan Stanley one is it legible? What you have posted certainly isn't to me. If it's not legible then it is also unenforceable.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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