home collection services ltd

moonrakermagpie

Hi, there

Helping my daughter again,

We have just received this letter from another DCA after not replying to their first letter.

What should we do, I can request a cca again, I know, but are they allowed to write what they have written.

This is the same debt as was held by Moorcroft, to whom we sent a request for the cca, which they could not supply.

The letter:-

Dear Miss ?

MONUMENT
Title acquired by moorcroft Debt Recover Ltd

Balance £702.56

Due to your failure to respond to our previous correspondence we will be arranging for one of our representatives to visit you to complete a means report and to negotiate repayment of the above balance.

This information may also be used to review possible legal action being taken to recover the balance.

If you wish to avoid this action contact us to arrange a repayment plan.

Please do not ignore this letter

Yours Sincerely

W. Owens
Manager

Larumbelle

Did you send the CCA letter recorded?
Can you be sure it was delivered?
How long ago did you send it?

Let us know and we'll dig up a letter telling them where to go.

moonrakermagpie

bumping - any ideas

SPANIEL36

i have seen another thread on here regarding home visits. They are trying it on and trying to frighten you and bully you into paying. You know the debt isn't enforceable as your requests for the CCA have not been met. They are not allowed to visit you and demand paymet (they aren't a bailiff). By all means they may visit to see if the person that owes the debt is at the address that they have but you dont have to answer the door to them let alone admit anything or let them in. You can ask them to leave and if they dont call the police and report them for trespass and/or harrassment. I'll try and find the other thread

SPANIEL36

...sorry it was in my PM reply's from Rog2... he'll probably be along soon!!!
Hope this helps put your mind at rest a little.


With regards to a 'Home Visit' DCA's have no powers whatsoever in this regard.
ANY such home visit, unless it was a first visit purely to establish that a 'debtor' did, in fact live at the quoted address, must be by mutual agreement. You have said that you do not wish to have anyone visit you -DCA's should respect your wishes.
Unfortunately some DCA's show scant regard for the OFT guidelines on Debt Collection, to which they are legally obliged to abide under the terms of the 'Debt Collection Licence that the OFT has given them.
So if, and more likely when, these thugs send someone to your house, you are under no obligation to let them enter your house, They have no legal authority and all they can do is ask you if you wish to make any payment to this 'alleged debt'. My answer would be that as they have been unable to prove any 'alleged debt' by providing you with a true copy of the original cca within the time limits allowed by law, you do not acknowledge the existence of this 'alleged debt' which is, by now, irideemably unenforceable'.
Any Debt Collector who calls at your house MUST leave immediately when asked to do so, otherwise they are trespassing, illegally, on your property and you would be well within your rights to call the Police and have them forcibly removed.

moonrakermagpie

Thankyou, as my daughter is a single mum and lives on her own, is there any way to prevent anyone calling, as she would be so frightened.

SPANIEL36

you could write to them stating that you acknowledge no debt with them and you DO NOT wish for anyone associated with that company coming to your address. To be honest i dont think they'd come anyway, these companies tend to use scare tactics to get you to pay but as you have already been down the CCA request road, its an unenforceable debt

pania

Hi Moonraker how are you?

Can you follow the letter procedure as previously and ask for the signed original credit agreement to be sent to you? also include in this the above legislation regarding home visits?

Kind regards and hope that you manage to get all this sorted out soon.
Pania

moonrakermagpie

Thankyou guys/esses,

Will do, you are like our guardian angles, (angels that is)

Cheers, Steve and "E"