Help with dealing with Moorcroft please

[The GodMother]

Standard rubbish from them. They have to provide it and they know they have to - they just hope you don't. If they didn't have to provide it why on earth would they. DCA's don't do things out of the kindness of their heart.

 

Rory

 

The day that a DCA does somethng out of the kindness of there own heart is the day they become illegal.

 

That will be the day i become PM.....Please ont hold ur breathe on that one.

[The GodMother]

Just edit it with something like -

 

The sum you have arrived it is based on the following -

 

Alleged debt purchased for approximately 10% of original value = £35 - 17.5% VAT = £28

 

My terms are as follows:

 

1. All extortionate profiteering charges to be removed, ie: missed payment, late payment, etc. etc.

 

2. Removal of Default and ALL missed / late payment markers, etc. etc.

 

3. Anything else you can think of.

 

4. Apology in writing for contacting me in the first place regarding an alleged debt where no agreement exists.

 

5. Apology for existing. Love the idea of this one.

 

 

Not sure really, but something along those lines, LOL

 

Hope this helps a little.

 

Regards

 

 

N.P

 

N.p and all.

 

Have just caught up on this thread and think that the lovely letter advise above is wonderful.

 

Personally i would send it but it may not work.

[N.P]

Hi GM,

 

You like it eh? LOL

 

These people are morons and I hate morons LOL

 

 

N.P

[The GodMother]

yep l love the letter fancy asking them to appologise for being alive. That sounds like something i would make them do.

[mazel01]

They wouldn't understand the letter anyway, they can't read

[The GodMother]

well we know that but we have to look like we are keeping them informed and trying to sort out our debts.

[mazel01]

Received another letter from Cabots:

 

 

Dear xxxx

 

We write further to your request for information under sections 77 and/or 78 of the consumer credit act 1974.

 

Although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from its archives.

 

We shall send the information to you as soon as we receive it.

 

We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

 

 

Absolute garbage....

[N.P]

Well, there`s not much else they can do but wait, is there?

 

Bunch of numpties!

 

 

 

N.P

[mazel01]

We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

 

This is what makes me laugh.....

[N.P]

Hi Mazel,

 

Write back and tell them as a goodwill gesture you will ignore that ridiculous comment before you decide to launch against them for insulting your intelligence, something they seem to be lacking

[The GodMother]

Lol Np

[Hopeful1]

We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

 

I'm sure there's a few goodwill 'gestures' you could offer them too

[The GodMother]

Yes like not knocking them out.

not reporting them to the OFT if they dont contact u again.

[N.P]

Someone should start a silly thread, to see who can come up with the daftest `goodwill gesture`.

 

I feel if could go to a DCA (Daftest C**t About)

[mazel01]

Received a letter from Cabots today:

 

Dear xxxx

 

Further to your request for information under the consumer credit act, we are pleased to enclose with this letter all relevant information.

 

Cabot and the original lender have now completed the relevant obligations under the Consumer credit act. As a result, Cabot is entitled to resume collections of the oustanding balance of xxxxxx

 

In the event that you wish to clarify or query anything relating to the enclosed information, please do not hesitate to contact us and one of our helpful customer advisors will be able to assist you.

 

If you are querying any part of the information provided to you by Cabot which you have not yet been able to clarify with us, we recommend that you seek independent legal advice.

 

With this letter we have enclosed the following:

Credit Agreement

Statements of account

Terms & Conditions

Notice of assignment

Letter of introduction

 

 

Having looked through the information that they have sent me, firstly the credit agreement that they refer to is simply an application form that I filled in originally. There is no mention of interest rate or credit limit and it is a very bad photocopy.

 

The terms & conditions are dated 2007, however my application was back in 2004.

 

Where do I go from here, they are obviously going to continue with chasing me for payment as they feel that they have fulfilled there legal obligations

[adamski]

Can you scan it and post it here?

[mazel01]

Hi Adamski, the photocopy is that bad, the scan cannot be seen clearly. I will try tomorrow to make an enlarged copy & then try & scan in.

 

I cannot see anywhere credit limit, APR/Interest Rate, payment date etc. Also this is the application form that I filled in online & they sent me through the post to sign.

[adamski]

is it signed by both you and the creditor?

[mazel01]

I have signed it & the box where they sign has been date stamped

[adamski]

is there a signiture in their box?

[mazel01]

hard to make out from the bad copy, but I would say that there signature has been stamped on as opposed to hand written

[adamski]

I have a letter you can send them if it is unenforcable.

[rory32]

but I would say that there signature has been stamped on as opposed to hand written

Legally a signature can take many forms. The important thing is that it does not contain the prescribed terms. Is it easily legible?

[mazel01]

No its very hard to read. I cannot see anywhere APR, Credit limit, repayment date on the application form.

 

What letter can I send them?

[rory32]

Dear Sir,

 

Thank you for the reply to my letter dated XX/XX.2008.

 

Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns.

 

The document entitled “credit card agreement regulated by the Consumer Credit Act 1974” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations.

 

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter, I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order. Therefore, I require that you provide me a clearly legible copy of the agreement, where all the terms are clearly legible

 

Should you not be able to supply a clearly legible copy containing the necessary prescribed terms, I would suggest that you give consideration to canceling this account and reducing the balance to zero. Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974. I am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration. However, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to this request

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.

 

 

Yours Sincerely

 

...