My debt

[mortalwombat]

Will i have to pay them the £47 based on the info of that letter?

[mortalwombat]

Can anyone help please, im pulling my hair out here trying to get my debts in order.

[pt2537]

Hi MW,

 

who are eclipse, are they internet suppliers? or are they a catalogue, if you explain we may be able to help. personally ive never heard of them

 

regards

paul

[mortalwombat]

Yeah sorry they were my last isp, i should of been more clear.

[pt2537]

Oh ok,

 

Well IMHO they wouldnt fall under the cover of the CCA 1974 as they are providing a service under a contract. i dont believe that they are providing you with credit

 

if it was entered into over the phone or at a distance i believe that you should have been given a cooling off period where you could rescind the contract but that would be within the contract

 

if it is in the contract then it would seem that you will have to pay the fee

 

thats my opinion

 

Regards

paul

[mortalwombat]

Ok ive had another letter from Moorcroft, 3 months have passed, heres what they say.

 

http://i238.photobucket.com/albums/ff20/mortalwombat_2007/img012.jpg

[Curlyben]

Boom Head Shot.

They are out of the game.

 

Nice one.

 

Now update your score as it's a great moral booster

[mortalwombat]

Oh what does that mean?

[Curlyben]

Which bit ??

 

Moorcroft have given up and are out of the game.

You might have someone else chasing this debt, but wait and see what happens next.

[mortalwombat]

Sorry i meant what does update my score mean, and also do i just ignore the letter.

[Curlyben]

It's nice to keep score of the DCA's you have beaten.

I'm on 18-0 !!!!

 

As for the letter, file it safe and that's it.

[mortalwombat]

Cool , thanks for ya help.

[mortalwombat]

Right ive have another letter, this time its from alliance and leicester, they must of passed me debt onto some new debt service?????????? .

 

 

http://i238.photobucket.com/albums/ff20/mortalwombat_2007/newaandl.jpg

[mortalwombat]

Anyone have any ideas on what my next step is?

[mortalwombat]

Anyone help me please? prob wont have long before i have to contact them with something or other??????????

[the main man]

Fenton & Cooper have obviously given up and passed it on to someone else so best just to fire off another request for your agreement and wait to see what comes up.

[mortalwombat]

Right ive been sent this from the ones who were passed on from fenton & cooper, what do i do now, they really scaring me now. I did what u said sent a pound and another request for my agreement.

 

http://i238.photobucket.com/albums/ff20/mortalwombat_2007/latest.jpg

[pt2537]

Hi, MW

 

have you recieved anything like a copy of your credit agreement? if you havent then im sure we can find a suitable reply

[mortalwombat]

No i have never recieved any agreement from anyone, either before it was passed onto these or previous collectors.

[Curlyben]

In that case it sounds like you are "bemused"

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

*- Delete as needed

Enjoy

[mortalwombat]

So do i have to list the names of the DCA OR creditors in the spaces and i dont understand the date thingy in resolve bit, god im so wound up me brains gonna blow .

[Curlyben]

Firstly take a DEEEEEEP breath.

There is nowt to worry about.

 

Now for the information I would use the FIRST CCA you sent out, as this is still in default.

So First DCA that approached you and the dates from that one.

12 working days and a further month.

[mortalwombat]

The first letter i recieved back after requesting the agreement from BTMK solicitors, was on 4th october, from Fenton and cooper.

[mortalwombat]

Do i put BTMK in the first original creditor space and the date 4th october, as the reply i got was from fenton and cooper????

[Curlyben]

If they are the first people you CCA'd then yes.

use the dates from that one.