Cca Requests Updates Please

RAS

nirelandguy wrote: »

The full letter says this.

I write to confirm that out client (Next directory) has been unable to supply a signed CCA for you. We have therefore returned the payment you have made.

We accept under the section 127 3 of the consumer credit act 1974 this debt is therefore unenforceable via a court order.

OK, they know they cannot enforce the debt and they acknowledge this. Stop paying them and please put this letter in a very safe place.

nirelandguy wrote: »

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 by and delivered to you. We can confirm therefore that a defualt remains in relation to this account and would remind you that making payments to clear the balance may assist in relation to your credit history.

Please confirm that you accept that goods were ordered and received and let us have your settlement proposals

Cheeky bs!

You need some extra advice on this, but they are trying to enforce and unenforceable debt, which is out of order.

You may have to accept that yo will not be allowed to order anything else through Next or related companies if you do not pay the bill, but based on your other posts, that might be a blessing?

shinyhead

nirelandguy wrote: »

But If I am disputing its mine and I keep paying it doesn't that defeat the purpose of the thing? I should be saying, this debt is not mine, you can not prove it, now go away

Ah, sorry niguy I didn't realise you were disputing it as yours. If It's not yours in the first place then by all means stop.

RAS

Shiny

it matters not whether the original account was in NIG's name or not, if the DCA or the original creditor cannot provide the CCA, the debt is unenforceable.

The reason a lot of these debts get passed to DCAs is that the original company know that they cannot enforce the debt if the debtor disputes it. So they get rid and the DCA takes a risk on how many people they can get to pay up because they do not know the law.

it is not like the rules are new, creditors have had since 1980 to make sure their paperwork was in order and many were still using duff stuff until 2006.

shinyhead

Thanks RAS

kel123_2

Please show me were it says by asking for a cca you have put the account in dispute. If after 12 working days a provider as not supplied it following a reasonable and lawfull request then and only then can you put the account in dispute.

If however the account is not yours then by requesting the cca to establish ownership you put the account in dispute.

Lets face it most of us are using the ccact 1974 to get an edge

System

Thanks for your help guys. So I wait to my 12 days are up and send the letter in the link above? I will admit, Yes I am using it to get "An Edge"

stapeley

Thanks for the posts , most enlightening !

andrewman

On monday april 1st I sent moorcroft a request for CCA by recorded delivery, my letter arrived tuesday, wednesday night I got a call from someone called helen giving me a number to ring, i double checked that the number given was right by using 1471,i then used the recall button and got through to a recorded voice saying moorcroft at that point i hung up.

Today i get a letter from moorcroft saying, We acknowledge receipt of £1.00 payment. However it is essential that we ahve an agreed future payment arrangement and therefore we must ask you to contact this office within the next 48hrs. Failure to respond to this request may leave us with no alternative but to instruct our solicitors to commence legal proceedings against you withot further notice.

payment must be attached to this letter and made payable to "Moorcroft Debt Recovery Ltd".

yours sincerely
A.J.Martin
Debt Recovery Manager

where do i stand on this matter,can they ignore my request for CCA. Also my money advice case worker has contacted the Abbey national direct making offer of token payment,this was on the 13th march 2008.:cool:

rog2

Just ignore it, am - it is common for dcas of the 'ilk' of Moorcroft, to try andfob the £1, statutory fee, as 'payment towards the account' in order to try and evade their legal responsibilities under the Consumer Credit Act 1974.
The important thing is that you have a copy of the request letter, with proof of delivery. If they even attempted to take you to Court, the judge would have a field day with them, once you had, in your defence, appraised him of the situation.
That said, it is annoying that scum like Moorcroft are openly flouting the law, and are acting in complete contravention of the OFT Debt Collection Guidelines that they are, in order to keep their licence to 'ply' their questionable trade, supposed to adhere to.
You can report them to Trading Standards, if they continue to harrass you.

bentalls

I had a reply to my CCA request - at long last - from ARC...Firstly they said it had been referred back to their client. Then I sent them the final letter once the request had gone past 12+2+30. Two days later, they sent me: " Dear Miss ****, We are writing in response with your recent communication. We can confirm that your account has now been closed and there is no balance outstanding. We trust this clarifies the position. Yours sincerely etc etc:

This is a good thing, yes?? I'm still a bit wary