argos credit card debt and moorcroft letters

[misty13]

I made a purchase using an argos card,however ran into difficulty paying and they kept adding charges, the debot now stands at 569.80 they have however put it into Moorcroft DR. I have just rec a letter offer me 80% settlement and if I pay in 14 days they will not follow the rest of debt,now I cannot pay this

How can I find out my original balance before all these charges!!

and who is moorcroft!

generally any help /guidance I would be grateful

[martin2006]

Moorcroft are a debt collection agency. You need to send an sar to argos and under no circumstances admit to moorcroft that you owe anything.

SAR will give you all of the info that argos hold pertaining to your account. See FAQs and templates for standard letter.

[misty13]

oh right thanks,not sure on what template I should use but will try looking,thank you

oh I have admitted nothing!

[havinastella]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

 

There you go.

 

 

JOgs

[PriorityOne]

Before you do anything... send a CCA request to Moorcroft, as they may not have any legal right to collect anything from you at all. If they don't have a CCA, they'll return the account to Argos and you can then deal with them directly.

 

I'll be back with the template in a bit....

[PriorityOne]

Creditors and DCAs - Letter Templates & Budget Planner

 

Letter N is the one you need. Enclose a postal order (not a cheque) for the £1 fee, initial it (don't sign) and send by rec. delivery. Keep the receipt safe.

 

Do not talk to Moorcroft on the 'phone under any circumstances... but if/when they or Argos contact you in writing, please let us know.

 

[misty13]

oh thank you I had found the correct form and so pleased with all the help I have recieved,yes I follow all this. I have an answerphone so i will not take calls unless I want to! which I do not. I have also one for GE money so IAm assuming I do this with them also!!? or not!!?

[The GodMother]

same as with argos/moorcroft.

[misty13]

oh wow Iam feeling right at home here with all this help and advice,thank you all so much

[The GodMother]

yw mines a coffee milk not sugar thanks

[misty13]

recieved reply and now telling me to contact argos ,so what do I do from here! it is now on my epxperian file!?

[The GodMother]

what exactly does the reply say?

[misty13]

it read

moorcroft ref xxxxxxxxxxxx

client refxxxxxxxxx

 

we write further to your recent letter. At this stage we are currently unable to provide a copy of your agreement as we have been in contact with our client [argos card] who have confirmed that to obtain a copy of the agreement under section 78 of the CCA you must put your request in writing to the following address:-

customer support

home retail group fs

royal ave

widness

WA88 1AL

we are therefore returnig your payment submitted in that connection so you can send with your request to our client

[The GodMother]

they are talking ball hooks

 

i will reply with a further info for u later.

[The GodMother]

Dear Moorcroft.

 

re acc number XXXX

 

I DONT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

I am writing regarding your letter dated XXXXXX. Recieved on XXXXX. contents of which have been noted.

 

I sent you a Consumer credit agreement request under the consumer credit act on XXXXXXXXXXXXX which one of your staff members signed for on XXXXXXXXX. copy of signature enclosed.

 

Your letter is rather misleading as you are asking me for money regarding this debt which means that you should hold a valid consumer credit agreement as part of the file that Argos would have sent you regarding this alleged debt.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I am now returning to you the original request and original payment for the Consumer credit agreement. The original time scales still stands which means that you have/had until XXXXXXXXX to get me my Consumer credit Agreement.

 

As you have not/ If you dont not mange to get me that agreement then i will only assume that u have no right in collecting the debt and as a result l will make a full complaint to trading standrds and the OFT regarding your behaviour.

 

Yours

 

misty 13.

 

Now there are a few things. Blue if you cant get a copy of the signature leave it out.

XXXXXXX need account numbers and dates in them.

 

red and purple. now these are alternate text for each oter. so if it say you had until/u have until then u would change one of the other.

Don sign ur name and send buy recorded delivery.

[misty13]

thanks godmother,starting another thread on link

[The GodMother]

kk well i will look for it and help there if i can.

[misty13]

well sent off to moorcroft,NOW a letter has arrived today from Buchananclark&wells formal demand for the same amount as moorcroft can anyone tell who they are??? and do I CCA them same as moorcroft!!??

confused !

[The GodMother]

Now they are another DCA.

 

Sent them this.

 

Dear BCW.

 

I DO NOT ACKNOWLEDGE AND DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

BCW ref:- xxxxxxxx

I am writing regarding your letter dated XXXXXXXX.

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Moorcroft Debt recovery and has been since you send ORIGINAL CCA request 2008.

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 Moorcroft was DATE of letter and intimated that my complaint would be

resolved as soon as they had the information, this obviously hasn’t happened.

As Moor croft 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 Moorcroft for resolution of these defaults and breaches, as BCW cannot lawfully pursue any enforcement activities.

 

If BCW 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

.

 

Here we are a curly ben special. edit anywhere that need editing. The blue is if any other paperwork was also sent to moorcroft.

 

Print your name dont sign and send recorded delivery.

[misty13]

thank you godmother

[The GodMother]

YW

[misty13]

Well had reply of Moorcraft who say they are not dealing with this matter and its been passed back to argos, Now the letter I sent to BCW I have had no reply,but got a telephone call today to say they had taken on the debt and I had to pay, had to confirm my address etc, which I told her was debtland and how she had my telphone no seeing its ex directory[no reply] I told her I did not have to pay anything at all and would communicate in writing only and not to call again

No I have to confirm in letter this is the case. I see from one DCA I have not been passed to BCW so can anyone confirm my next action!!?

Do I CCA BCW now and start the process again I did with moorcroft !?

Also is it worth me CCA Argos directly also!?

 

thanks in advance

[The GodMother]

i would send them this

 

I DONT NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

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 2007/8.

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

PRINT DONT SIGN.

 

send by at least RD.

 

you could always send a telephone complaint letter template to be found in the templates section.

[misty13]

This is the letter I sent to BCW and the person today said they had no communication from me at ALL

checked with RM track & Trace this was signed for on the 24/09/08 by a staff person BGW at glasgow office!!?

Do I re send this again or what !?

[The GodMother]

No just ignore them.

 

when they ring again advise them that you know they are lying as u have proof of delivery and can prove the item was signed for on XX date by a member of BCW staff.

 

u could also request they dont contact u again in any means other than writing.