CCA advice please

vordhosbn

Hello again.

I have three outstanding debts with catalogues being held by moorcroft. All three of these I have paid some off in installments. I have been reading through alot of the threads on here however and realise I have never signed any CCAs as I opened the accounts online. Is it too late to write asking for the copy of the CCAs and get the debts written off?

Also if I just did it with the largest debt and continued to pay the smaller ones which arent so difficult to pay would they become awkward with me on those two accounts?

I know most of this is probably explained in other threads but its so much for me to take in that I am becoming confused! :huh:

Please help me before my head explodes.
Thanks in advance.

vordhosbn

can anyone help please?

moonlightpjs

Yes you can send a CCA request, they have 12 working days plus 2 for posting and if they haven't provided a CCA by then they are in default so you can stop payments. You have to then allow them another 30 days to respond before you can report them to the relevant bodies. They can at any time produce a CCA which then means the debt becomes enforcable again, but with catalogues its very rare you will have actually signed a CCA. Moorcroft have written 2 debts off for me and passed another one back to the original creditor (all 3 of which were catalogues) from whom I've heard nothing to date so keeeping my fingers crossed as they will have commited an offence tomorrow.

You need to send a £1 cheque/postal order with your CCA request and send it by recorded delivery so you have proof you posted it and they received it. Send a CCA request for each debt, it doesn't matter how big/small they are.

Do you have the CCA request letter? If not I can post it. Be sure of what you are doing though as if they think you don't know your rights they may continue to hound you

fatbelly

You should certainly ask to see a copy of the signed agreement. This will probably result in an admission that there is no signed agreement. This is a defence against any court action.

However, the debt won't be written off. The best you can hope for is an agreement not to pursue.

I would suggest having a go with all three companies and inform moorcroft that the debt is in dispute and they should return it to their client.

moonlightpjs

fatbelly wrote: »

You should certainly ask to see a copy of the signed agreement. This will probably result in an admission that there is no signed agreement. This is a defence against any court action.

However, the debt won't be written off. The best you can hope for is an agreement not to pursue.

I would suggest having a go with all three companies and inform moorcroft that the debt is in dispute and they should return it to their client.

You can actually have the debts written off if they cannot produce a CCA - if they can't then the debt is "illegal" and so its in their best interests to write the debt off as if you report them to the OFT, TS, IC etc they could be fined up to £2500 for purseing an illegal debt:) I suppose its up to the individual person on how far they want to take it.

vordhosbn

Is it likely I would need to report them? I would be stuck as I wouldnt know what to do.

Also a copy of the letter would be great thanks, only thing is will it matter if the letter is handwritten as we have no ink in our printer!!

Oh also, sorry, would I send all three requests in seperate envelopes??

moonlightpjs

Reporting them depends on what you want to acheive - if you want the debts written off and default removed you need to send another letter - a non-compliance letter after the 12+2+30 days but don't worry about that just now. You don't have to report them, they may write the debt off after this. If you just want to stop paying them and get them to stop chasing you, like the other poster said a CCA request may do it. The DCA may then pass the debt back to the original creditor, who, if they start chasing you, you need to CCA them. But first things first, yes, you need to send a letter and £1 for each debt you have with the DCA's, here is the first letter, you will have to put in your own dates etc and no it doesn't matter if its written by hand

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 (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.

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

vordhosbn

Thank you, this is so daunting, I dont know which is worse...being harrassed for the money or doing this! The bottom bit about trespassing, can I still include that even though we stay in a rented property?

The letters dont actually threaten me with a doorstep collection, it threatens that court proceedings would be recommended against me if I dont keep to the payments, I am already behind with them too! So should I leave it out completely?

moonlightpjs

Yes, you can leave it out if you want but it doesn't make any difference if you rent or own. Don't be daunted (though i know how you feel), we'll all help you anyway we can but if you don't feel comfortable doing it then don't. Just make sure you are ready and keep posting xxxxx

vordhosbn

I want to do it, I'm just scared of any consequences that may go against me. I am certain though that I have never signed anything.

I'm not worried about them phoning as we already dont have the phone plugged in so they can only contact me by letter like they already do. I just have visions of being hauled into court or something! :embarasse

vordhosbn

I have decided after mulling it over some more and being awake half the night that I am going to do this. Wish me luck!