Moorcroft debt recovery Re;CCA request

melie3 · 31 January 2008 at 3:32PM

hi all,
i requested my CCa from moorcroft last week. ive received a letter confirming the request.
i dont understand some of the letter as to what it means so here is letter

dear mrs xx
we are continuing to seek to obtain a copy of cca that you requested. our systems provide for reviews to be sent to our client on a regular basis and this we are continuing to do. i will contact you again just as soon as the agreement has been made available to ourselves and confirm that at this stage the account has been place on hold.
in the meantime however we believe that it may be of assistance to all paties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to court action or further investigation. please could you give an indication of the information you will be providing, when giving evidence to the court or providing info to the relevant statutory authorities in relation to alleged subject matter of account.
we believe that this is a simple request that will assist in ensuring that all possible areas are identified as quick as possible and potential costs and delays kept to minimum level.

blah blah blah.

i dont know what they mean about information im providing?:o
please does anyone know what this means
kindest regards mel

Honeybee_2 · 31 January 2008 at 3:40PM

I'm not too good on these things but to me, it looks like an attempt to mention court proceedings in order to scare you into not questioning their perceived authority.

Could be wrong though!

RAS · 31 January 2008 at 4:06PM

Bar stewards

I will post up shortly with the list of people to whom you complain.

You need to read the OFT Guidelines on debt collection, which you will find cover a lot of the points

in particular they are breaching the guidelines by

implying that legal action can be taken, whne they cannot take legal action on a debt that is in dispute

taking advantage of your lack of legal knowledge.

You need to nail them

RAS · 31 January 2008 at 4:34PM

Office of Fair Trading, The OFT Guidelines link is near the bottom of the page: http://www.oft.gov.uk/advice_and_res...ase/legal/cca/

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm

stapeley · 31 January 2008 at 4:48PM

Yes they are fishing , do not bite . They are stalling . Did you ask for notice of Assignment . Are they acting as agents or do they own the debt ?

davek1 · 31 January 2008 at 7:05PM

ignore them. they have to comply with your request before you need to enter into any further correspondence with them

melie3 · 31 January 2008 at 7:37PM

stapeley wrote: »

Yes they are fishing , do not bite . They are stalling . Did you ask for notice of Assignment . Are they acting as agents or do they own the debt ?

hi,
i didnt ask for a notice of assignment, was i meant to ???
i just asked for my CCA.
when i spoke to m and s credit card, they said that they had sold debt, so i assume they own it.
regards mel

davek1 · 31 January 2008 at 7:38PM

yep get a notice of assignment as well otherwise how will you ever know who has owned the debt

melie3 · 31 January 2008 at 7:39PM

i wish i could be more on the ball like some of you guys.
:T :T :T :T

melie3 · 31 January 2008 at 7:42PM

davek1 wrote: »

yep get a notice of assignment as well otherwise how will you ever know who has owned the debt

hi dave,
so do i write another letter asking for the notice of assignment now, or ring them??
and if i send a letter do i send it recorded??
kindest regards mel

moonlightpjs · 31 January 2008 at 7:47PM

Asking for a deed of assignment should have been included with with your CCA request eg:

Dear sirs

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

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 £1 in payment of the statutory fee.

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.

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, therefore if I do not receive evidence that I owe your company any monies by 20 December 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

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.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.

Yours faithfully

Moorcroft debt recovery Re;CCA request

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