A bit of Lowells, Moorcroft and CCA

chrisl-1410

I'm really sorry if this has been asked a thousand times before as I didnt want to start a whole new thread but its been suggested i should...

My gf has apparently received a few letters from various debt companies recently but she ignored them and hid at first until Moorcroft, and i use her words, sued her to death. Sadly she only told me this abut 6 months after they sued her so she has a CCJ though they have taken no steps to enforce.

Ive tried to get Moorcroft to respond to me in the hope that they will sign a consent order to set aside her judgement in exchange for her agreeing to pay in full within say 21 days but they remain a work in progress. Has anyone had any joy with that sort of thing with them?

I have managed to get 2 other companies to clear off but alas Lowells remain.

She tells me that she doesnt know anything about the debt and it seems to be from some catalogue. She suspects her ex has used her account info and made purchases. I was about to send them this hybrid letter from the templates...

You have contacted Miss XXX regarding the account with the above reference numbers, which you claim is owed by Miss XXX. I would point out that Miss XXX has no knowledge of any such debt being owed.

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to Miss XXX’s liability for the debt in question. I define evidence as you being able to satisfy the requirements of sections 77, 78 and 79 of the Consumer Credit Act 1974. I attach herewith a cheque in the sum of £1 as required by the same.

I look forward to your reply.

Does anyone think this is OK? Ive seen some advice where its said to not send them the £1?
Am I right in thinking if they dont come back with the signed agreement within 12 days then the debt cant be enforced and she can go back to hiding beneath a pillow if they write to her? Yes they could sue her but technically a judge should dismiss their claim.

Any help or thoughts would be appreciated as i dont want to get her in more of a pickle

fermi

First of all, a creditor doesn't not have a duty to comply with a CCA request once a judgement has been obtained on the debt.

So failure to comply with one is certainly not going to make the debt, especially the judgement, unenforceable.

chrisl-1410

fermi wrote: »

First of all, a creditor doesn't not have a duty to comply with a CCA request once a judgement has been obtained on the debt.

So failure to comply with one is certainly not going to make the debt, especially the judgement, unenforceable.

No thats fine as for the robertsons CCJ hence i thought about trying to get them to agree a consent order, but what about the lowell debt? there is no court action on that at all yet, just their threatograms thus far

Hannah_10

As long as the debt with Lowells is a kind of debt that has a CCA then yes, they have to provide it. Have you tried googling to varify if it is a catalog?

chrisl-1410

Hannah_10 wrote: »

As long as the debt with Lowells is a kind of debt that has a CCA then yes, they have to provide it. Have you tried googling to varify if it is a catalog?

good plan...it does seem to be shop direct. Do you think im ok to go with my letter and the £1 plan?