Cca Requests Updates Please

shinyhead

Not sure whether this is dodgy ground or not.
Have you got it in writing that next cannot supply?

System

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. 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

shinyhead

The only thing I can think of is put that letter in a very safe place!!

I think elsewhere in the forum you said that you're on a DMP with Payplan, at least for now. Is this included?
I think a call to someone like fermi might help but it seems that they've admitted they can't enforce it and so take you to court over it. If you've been paying through your DMP then they should simply accept that. Might not stop them calling you though.

System

shinyhead wrote: »

The only thing I can think of is put that letter in a very safe place!!

I think elsewhere in the forum you said that you're on a DMP with Payplan, at least for now. Is this included?

Yes this debt is included, should I stop paying?

rog2

kel123 wrote: »

By returning the £1 are they avoiding the account going into dispute

This is not true, and if any dca implies that such is the case, then they would be misleading the 'alleged debtor'.
The £1 is a 'statutory maximum' fee that a creditor/dca is allowed to charge, for providing the information that the 'debtor' is legally entitled to. The creditor/dca is under no obligation to charge a fee for this service, although the cost of finding, and providing, the information is likely to be more than £1 - and many creditors would like to charge much more for this service. The law has decided that it should be the responsibility of the creditor/dca to provide this information and not at a cost which unjustifiably penalises the 'debtor' or puts them off from asking for it. Hence the 'chargeable' fee has been capped to a 'statutory' maximum of £1.
The 'debt' is deemed to be in dispute once you have requested this information - the fact that the creditor/dca does not make a charge, statutory or otherwise, is totally irrelevant.

shinyhead

No. Just keep paying and let it run its course through your DMP.

System

shinyhead wrote: »

No. Just keep paying and let it run its course through your DMP.

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

rog2

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

Absolutely, nirelandguy - how long is it since you requested the cca?

System

rog2 wrote: »

Absolutely, nirelandguy - how long is it since you requested the cca?

It is only 5 days, they where very quick at replying

rog2

nirelandguy wrote: »

It is only 5 days, they where very quick at replying

Fine, nirelandguy - their 'uncharacteristic haste' in replying is, most probably, an indication that they do not have, or have accesss to, the original cca.
However, since they are pursuing you for the 'debt' they still have a legal obligation to provide you with the cca, without which they will be unable to enforce the agreement.
Your course of action is quite simple - just wait until the 12+2 days have expired. Assuming that you have not received the cca from Moorcroft, then send them the letter that you will find, courtesy of weller711, on the following link: http://forums.moneysavingexpert.com/showthread.html?p=7511761

This will put Moorcroft in default, and they can no longer, legally, chase you for payment. You should stop making any payments as soon as you send this letter, and Moorcroft should cease all attempts to pursue you for this 'debt' on receipt of the letter.

If, after another 30 days, Moorcroft still have not provided you with the cca, they will, then have comitted a criminal offence. You will be entitled to demand that they repay you any money that you have paid to them, in respect of this 'debt' and they will not be allowed to pass your details to any other dca.