Cca Requests Updates Please

NW-ANGEL

blind as a bat - we have been paying and been pressured to pay more than we can actually afford - other ppl just advised me and was doing a letter now.....i dont suppose you have or can direct to the second letter then can you pls??? thanks!
kel

blind-as-a-bat_2

Im afraid not as this seems to be just a diversion so doesnt warrent a response to be honest in my view, but you could simply put that quote and "get on with it" (as someone said to me).

I havnt managed to get an answer if im right to do what im doing but as i see it at 12+2 there in default add 30 and they commit an offence and that letter does not change that so i would just sit on it untill they get to 12+2+30 then report them, if you wish, but dont pay anything untill you get the CCA you requested once past the 12+2.

NW-ANGEL

thankyou blind as a bat !!

i actually just phoned them - woman on the end of the phone didnt have a clue - quoted ur quote too ;0) thanks! account is now in dispute - apparantly argos not 'sold' the debt moorcroft just 'act' for them...?! whats all that about? and argos have refused moorcroft the CCA, saying i need to write to them if that is what i want - pointed out to the woman on phone that to even persue this alleged debt they should have a copy on file and all monies paid to date are owed back to me!

hope this is right - woman says account is on hold and in dispute - told her i was putting this in writing.
thanks again!
kel

NW-ANGEL

Right well i'm on with my letter...will update as soon as...

kel

blind-as-a-bat_2

If they cant prove they had the right to collect payments from you it is, but im surprised she admitted it, even on the phone.

I wonder if there on a final warning so are trying to behave.

Trouble is they havnt said they have sent it back to Argos and ceased dealing with it so they are still leaving themselves wide open.:rolleyes:

Good luck i hope they dont suddenly try to deny what she said, but you know your next move if they do;)

NW-ANGEL

Thanks! do keep me posted about ur situation too pls!! i just found some letters too on here
:T
kel

COOKIEWILLOW

NW-ANGEL wrote: »

Hi again!


I sent off my original letter to moorcroft asking for CCA etc...

Today received letter back from moorcroft saying

"At this stage we are unable to provide a copy of the agreement. We have been in touch with out client (Argos) who have confirmed that to obtain a copy you must write to the following address....we return your payment to submit with request to our client,."


What do i do now please? i dont see that i should write to Argos as Moorcroft supposedly should have this right? to enforce collecting procedures? :mad:
is there a letter i now send back?
any help greatfully appreciated please!!

thanks in advance
kel

OMG I had that exact reply today from MOORCROFT (Argos too) along with another one, but thats another story on another thread

NW-ANGEL

xxxxxxxxxx

xxxxxxxxx

address

Wednesday 9th July 2008

FORMAL NOTICE - ACCOUNT IN DISPUTE.

Ref: xxxxxxxxxxxxxx

Dear Sir/Madam,

Thank you for your letter dated 1st July 2008, the contents of which have been noted. I hasten to point out that I shall not be requesting anything such as a CCA from ‘your client’ and that this account remains in dispute. As ‘you’ – Moorcroft are acting on behalf of your client, you should have a copy of any CCA – may I remind you that it was you who has written to me demanding payment. If you no longer wish to act on your clients behalf in this matter, then you must notify me of this in writing.


You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the 21st June 2008 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).
To date you have failed to comply with these requests in any way.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the 21st June 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

This time limit has now expired.

As you are no doubt also aware that the Consumer Credit Act states:

"175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

If the creditor 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 this account has become unenforceable at law.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies:

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

Please supply me with a copy of your complaints procedure in writing.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
mrs XXXX



:T :T :T feel a bit better already - will wait see if i get anything else up untill wednesday if not then the above will be sent :T :T :T

any advice appreciated if anything wrong !!
thanks!!


kel

NW-ANGEL

COOKIEWILLOW wrote: »

OMG I had that exact reply today from MOORCROFT (Argos too) along with another one, but thats another story on another thread

What have Argos sent you please?

what is your next step cookie??
kel

Marthasdad

Hi Kel,

Looks really good to me (but I must stress again, I'm no expert).

By the looks of it they don't have a clue what they're doing and they'll either have to go to Argos themselves, or recind their appointment to act on their behalf.

Know what you mean about "feeling better already" - kind of puts you in the driving seat, doesn't it!?

Well done!!!!:T

Al