Notice of Intended Litigation and no CCA?

Tinkles

I wrote to Morocroft on 20th Feb asking for my CCA; they replied stating that they had referred my request back to the original creditor (Egg) and confirmed that the account had been placed on hold and that they would not seek to enforce the debt until the agreement had been obtained. I have heard nothing since.

Today I have come home from work to find a letter from them saying that if I do not pay the full amount by 27th March (today!) then they "will assume that I am purposely avoiding repayment of this debt" and that they will "take the necessary steps to secure settlement which may include issuing legal action against me".

Can they do this? I have still not received the CCA from them so assume they do not have it. If they have now obtained it from Egg I assume that they are obliged to send me a copy?

Really not sure how to proceed.

rayday2

Who did the letter come from? If it is from Moorcroft then I would write back with a photocopy of their previous letter and pointing out they should not contact you unless it is to supply the CCA.

Tinkles

Yes, the letter was from Moorcroft.

Thanks

rayday2

I had an inhouse solicitor write to me after a DCA had said they could not supply the CCA and were returning it to the original creditor, I sent the following letter (maybe you can edit for your own ends) and a copy of the letter from DCA saying they were passing it back and a copy of my request for the CCA

With reference to your letter dated ********* the contents of which are duly noted.

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by D*C*A on ***date**. I can only assume therefore that they failed to inform you.

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by **DCA** under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

RAS

Tinkles

This sounds like a DCA's delibarate frightener. If you look closely again " take the necessary steps to secure settlement which may include issuing legal action" is designed to get round the rules about not misleading debts as to their rights.

The operative word here is may, or may not, or know Bl***y well that we have not got a leg to stand on.

The debt is in dispute. Until they resolve the issue, they cannot take action.

You should expect at least one more frightener before they give up or supply the documentation.

fermi

As already said, purely a frightener.:rolleyes:

There are many template letters you can send if you can be bothered. I quite like this one.

FORMAL COMPLAINT - LETTER BEFORE ACTION.

Dear Sir/Madam,

Thank you for your letter, the contents of which are noted.

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original lender and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

Ignoring my legal request under the Consumer Credit Act 1974 s77/78 WILL NOT MAKE IT GO WAY.

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 compliant credit agreement is a very clear dispute and as such the following applies.

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

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will not not only be VIGOROUSLY defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

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.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully

EDIT:

I particularly liked the line:

"Ignoring my legal request under the Consumer Credit Act 1974 s77/78 WILL NOT MAKE IT GO WAY."

It's the kind of language/phrase a DCA would use.

Tinkles

Loving your letter Fermi - thanks!

They are putting the pressure on now - they've just rung me too - didn't say who they were just left a message saying "Hi Tinkles it's *** can you call me on......" I googled the number and it was definitely them.

Am off to type a VERY strongly worded letter now!!

jimbo26

For what Fermi has posted am I right in thinking that until they can produce a CCA the debt is in dispute and they can't take any action other than take you to court?

RAS

jimbo26 wrote: »

For what Fermi has posted am I right in thinking that until they can produce a CCA the debt is in dispute and they can't take any action other than take you to court?

yes, providing the debt is covered by the Consumer Credit Act; many bank accounts, credit cards, catalogues, 0% finance deals etc. Not mant mobile accoutsn though.

Tinkles

But if they do not have the CCA how can they take you to court?

fermi

Tinkles wrote: »

But if they do not have the CCA how can they take you to court?

Because unless you know to insist that the genuine CCA is provided to the court for their inspection, many courts (especially the Bulk County Court Claim Centre in Northampton) will make an order in the creditors favour without it.

You need to defend such a claim on the basis that a valid and enforceable CCA has not been forthcoming.