Moorcroft Letter (2) advice on next step please

SPANIEL36

As i have said on my other post Moorcroft Letter (1) advice on next step please, i have 2 accounts with Moorcrofts and sent letters to them last week requesting CCA's and letter confirming they can chse this debt.

this is my reply to the second account

Dear Miss Spaniel36

I write to confirm that our client (shop direct F.S) has been unable to supply a signed credit agreement for you. We have therefore returned payment you have made.

We accept that under the Section 127 (3) of the Consmer Credit Act 1974 this debt is therefore unenforceable via a court order. We must inform you however that the account still remains outstanding.

It is our understanding that the goods which have been charged to your account have been ordered and delivered to you. We can confirm therefore that a default remains in relation to this account and would remind you that making payment to clear the balance may assist in relation to your credit history.

Please confirm that you accept that gods were ordered and recdived and let us have your settlement proposals


am i right in thinking that because they cant provide me with want i need that they cant make me pay??

what is my next step
many thanks in advance

davek1

yep thats right ( well at least they cant persue you through the courts) they can only ask and persuade you to pay

Dave

moonrakermagpie

Hi there,

See my reply to your other thread.

Cheers

Steve.

SPANIEL36

i'm starting to think maybe i should've put both on one thread!!!

have answered on other

SPANIEL36

just thought i'd bump to get any other advice?? hope no-one minds

rog2

Hi Spaniel - I'v only got a minute, as I'm on my daughter's dial-up :eek: , but DO NOT get into ANY discussion as to whether or not you have received any goods - this is nothing to do with Moorcroft - their ONLY interest is in collecting an 'alleged debt' on behalf of THEIR customer.
Any acknowledgement, by you, whether intentional, or otherwise will serve to play into their hands.
They have failed to provide a true copy of the original cca, within the time allowed, BY LAW, and without that cca, this 'alleged debt' is 'irredeemably unenforceable'.
Even, at this stage, should they, or the original creditor, come up with a copy of the cca, they would have to go to court to make it enforceable.

SPANIEL36

thank you for your very quick and helpful response

spaniel

SPANIEL36

i'm bumping to see if nyone else has had recent dealing withe moorcroft

RAS

Spaniel

See wellers note Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

If the letter they provided is correct, then they cannot put a default on your credit history as you cannot default a non-existant debt. There is a letter here requiring them to remove it if they have done.

This would also suggest that they are breaking OFT guidelines as they are misleading you as to the consequences of not paying and are making threats of action that they cannot enforce. have to go but will look back in tomorrow.

moonlightpjs

It will probably need amending to suit your circumstances and obvioulsy you need to wait till the 12+2+30 days are up but you could then send this letter. Ignore any letters you may get up until the 12+2+30 days have passed and then send this:

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

moonlightpjs

Also, if you do not want to wait the 12+2+30 days but the 12+2 days have passed you could send this letter, again it may need ammending to suit you. HTH x

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,