ANOTHER Letter from Debt Collector..what to do?

Nemisis_WOF

RAS has a point it is best to put this statement in any letter and usually as the very first line, but in your case fuzzgun since you are immediatley defending youself with the credit agreement laws it puts them all on the back foot straight away. Your letter could be construed as admiting liability but very thinly. Better safe than sorry and put that line in any further correspondence just in case as it clearly shows your not taking this lightly.

regards Nemisis

fuzzgun19

Just looking at old paperwork, and the last 'official' payment I made to 'NDR debt recovery(part of littlewoods i think)' on this littlewoods debt was October 2005 for £30 (this is what we were paying before we found out littlewoods would 'not be pursuing the debt').

There is only one other payment for £1.00 on July 2006 (which was the £1 cheque I sent them for the credit agreement).

and then no more DC statements after Sept 2006.

So, does this rule out the 6yr 'statute barred' thing?

fuzzgun19

Have received this, acknowledging the £1.00 cheque I sent.

No word of sending the signed credit agreement.

What do I do now? Just send another letter the same asking for the credit agreement, this time not acknowledging the debt?

Should I send them a copy of the Littlewoods letter stating they are not pursuing the debt?

nobblyned

They are ignoring your request and attempting to make out that you have made a £1 payment towards the debt (notice the amount owed has gone down by £1)

You need to write to them again and make it clear you were not paying against the debt, which you do not acknowledge, but paying the fee for the credit agreement under the consumer credit act.

fuzzgun19

I have now drafted this letter, will it be ok?

Moorcroft Debt Recovery Ltd
P.O. Box No. 17
2 Spring Gardens
Stockport
SK1 4AJ

Dear Sir/Madam,

Re: Moorcroft Reference: 002825228451
Client Ref: F9031813

I do not acknowledge ANY debt to your company or your clients.

I am in receipt of your letter dated 26/06/07.

The £1.00 cheque I sent in my last correspondence was the fee for a copy of the Signed Credit agreement; it was not a payment towards this debt.

With reference to the above agreement, I would be grateful if you would send us a copy of this Signed credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my Signed credit agreement on request. I have previously forwarded to you a payment of £1.00, which represents the fee payable under the Consumer Credit Act.

I understand a copy of are credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Please note, if I do not receive a copy of the Signed Credit Agreement within 12 days, I will consider this matter closed.

I look forward to hearing from you.

Yours faithfully

fuzzgun19

I would like to send this today.

Could anyone advise if I should include a copy of the Littlewoods letter stating they are not pursuing the debt?

nobblyned

Letter looks good to me, but I'm no expert. Anyone else able to chip in?

I'm not sure I'd bother with the Littlewoods letter with this one, you are clarifying that you have not paid towards and do not acknowledge the debt, and were asking for the credit agreement. I think keeping it straightforward would be the best strategy here.

GeorgeUK

weller711 had this in one of their posts.
*****************************************

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 (enter date), 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.

********************************************

I was looking for another post i am sure was on the board, possibly from crown, that had details about what to do about them using the pound as part of your debt payment.

Will keep looking.

GeorgeUK

Can't find it.

Have a look at this thread - and in particular post 11
http://forums.moneysavingexpert.com/showthread.html?t=467350&highlight=payment+debt+fee+credit+agreement

I'd try to incorporate all the relevent points for the legalities as well as from your letter pointing out that you had specified the pound as boing for the credit agreement.

I'll probably not get a chance to look at the board again until this evening. Hope someone else can come along with something else.

Good luck
George

GeorgeUK

Really need to do some work now

On that thread i posted the link to, it also says that your credit report should have details of any outstanding debts.

Can anyone confirm this? I'm just posting up pieces i've seen in other threads so not really much help.

ok - work time...