CCA response from iQor - Help needed please....

BlueIsTheColour

Well the calls continue.......Still no letter, how bizarre! Wonder how long it will take them to realise I wont answer the phone??

10past6

If you've sent them the telephone harassment letter, it states clearly within that letter, if the calls don't cease you will report them, you must report them now if they've failed to acknowledge your request, the calls won't stop being there calling you from a call centre working under targets, those calling you will probably have no idea you've submitted a telephone harassment letter.

BlueIsTheColour

I havent submitted a letter yet 10past as they haven't bothered to write to me.....Just started with a text and now calls....

BlueIsTheColour

Well well, a letter at last.......

It seems either Moorcroft or Sainsburys have passed on the debt, I CCA'd Moorcroft and they supplied a load of old guff and although they havent bothered to write and tell me, am guessing they have either returned it to Sainsburys or sold it on themselves.....

Need to find the default letter thingy on here now, bless 'em!! Let the fun begin :rotfl:

BlueIsTheColour

The default letter is now winging its way to iQor offices, will be interesting to see what happens now......

BlueIsTheColour

Well I have today received a CCA response from iQor which is exactly the same, almost, as the one I had from Moorcroft about this debt. Now when I challenged it for the 2nd time with Moorcroft they disappeared and iQor appeared, so it would seem that if Moorcroft didnt think they could do anything with it, how can iQor?

The only difference is this one has loads of stuff on the flip side about apr's etc, which was missing from the one I got from Moorcroft, but in my mind the stuff on the flip side could have come from anywhere, there is nothing to show any clear links.

I am just adding them to Photobucket and would be really grateful if someone could advise me if they believe it would be enforceable or not?

Thanks in advance

BlueIsTheColour

Whilst am waiting for the docs to upload, have been thinking, if the account was in default with Moorcroft for failing to supply, should my plan of attack be different? Even tho iQor have now supplied what they think is a valid CCA, is this the right response from them too, as I sent them the following letter....

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Moorcroft Debt Recovery Limited and has been since 7th February 2009.

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading's debt collection guidelines, but it is also a breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As Moorcroft Debt Recovery Limited 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 Moorcroft Debt Recovery Ltd for resolution of these defaults and breaches, as iQor cannot lawfully pursue any enforcement activities.

If iQor chooses to ignore my dispute and attempt enforcement, I may 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 and the Consumer Protection From Unfair Trading Regulations 2008.

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



I also wish to complain about the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing, especially as all calls preceded any written communication, an unfair tactic several agencies would be interested in I am sure.

I now require all further correspondence from your company to be made in writing only and ask that you remove all records of any telephone numbers for me. Under law there is only a need for any company to have one method of communication, and this is perfectly acceptable to be letter.

I am of the view that your continued harassment of me by telephone puts you in further breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

BlueIsTheColour

And this is the reverse side of it, but as you can see it could be from anything, it makes no link to the other side????



Really appreciate any help that is out there

BlueIsTheColour

Well am still thinking about this, !!!!!!s, but if Moorcroft passed this back to HBoS or straight to iQor should I be writing to them instead? The CCA that Moorcroft supplied was unenforceable as it didnt contain the 2nd sheet above, they said they would be in touch when I wrote to inform them of that, and then the communications with iQor started.....

What does anyone who is much cleverer about these things think?

BlueIsTheColour

No we're back online does anyone have any ideas for me?

Thanks in advance