Selling on a Debt with no OSA?

keith_lard

Hi,
Just want to ask this...

Moorcroft was asking about a debt in which I may add was paying off, but they did come round to my house on a Friday night 6 months ago, banging on the front door:mad:

Now I quickly told the chap, to be on his way in which he did.

after that I wrote them asking for a copy of the Original signed agreement, in which they did not have, account was but on hold.

Now got a letter from CapQuest asking for the same account??

I thought if Moorcroft did not have the OSA they could not sell it on?

Am I right/wrong in this?

Going to ask CapQuest for it too...

Any help welcome:A :A :A :A




k.

keith_lard

anyone can help?

RAS

What sort of debt was this?

And officially they cant sell it on but do.. There is a standard letter to send to crapquest though. Hold on a mo.

RAS

One we made earlier

If we are going to post CCA related letters then:

Account passed to new DCA/solicitors while the original is in default of a CCA request.

Quote:
FORMAL NOTICE - 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.

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.


As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, 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 not only be fully and vigorously defended, it will ALSO 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/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** 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
Courtesy of Curlyben


And thanks to fermi

keith_lard

Thank you! Your a star helped me loads:-):)