diskmandave-vs-Moorcroft *WON*LEGAL AGAINST DCA NOW*

[diskmandave]

Moorcroft are the biggest bunch of to$$ers out there.

 

Their Pre-Court division are really really busy although I don't recall moorcroft EVER taking anyone to court.

 

One of the easiest DCA's to deal with.

 

I agree totally, but they're being *really* arsey with this one since APRIL!!!!

 

They want WAR, they got it... I'll even post the 2 letters going Saturday, HERE, TONIGHT!!

Edited October 6, 2009 by diskmandave

[F_DCAs]

This was a more of less copy of a letter I sent to Moorcroft some months ago. I'm not in a position to scan or Photobucket the letter, but I was quite pleased with it. Never heard a thing since.

 

 

 

 

>>

PRE-OFT DIVISION >>

 

 

I have been in the middle of a long-running dispute by LLOYDS TSB BANK PLC.

 

To address points made multiple times over.

 

It is a legal requirement to fulfil my CCA Request (as submitted to AIC in April 2008) before legal proceedings in the County Court can take place. This letter reminds you that you are obliged to carry out the content of that letter in full, even if it not actually read by you.

 

To prevent complaints to the Ombudsman Service, the Office of Fair Trading and Stockport Trading Standards, it is essential that you settle this problem without delay.

 

The request should be carried out in full (the contents of my letter to AIC complied with in their entirety). Both myself and my advisor do not wish to take this course of action, but if the content of my previous letter cannot be acted on within 14 days of you receiving this letter, complaints may be issued by myself without further notice.

 

I would draw to your attention that if the request is not addressed, the following penalties may be levied upon Moorcroft Debt Recovery Ltd.

 

1. A substantial fine.

2. Review/revocation of your Consumer Credit Licence.

3. A County Court Judgement entered against your company.

 

I would emphasise that should said complaint go in my favour, then any court costs incurred on my part will be vigorously pursued, for which Moorcroft Debt Recovery Ltd may be liable.

 

Yours sincerely,

F_DCAs

(fake signature).

 

 

Please note I am NOT open to telephone contact by your company at ANY time.

[diskmandave]

Today's instalment........

 

 

I know they're playing games, but I can play too...!

 

Two responses going off on Saturday, I'll put them up at the weekend..

[postggj]

Well Its Six Years Since The Last Action On The Account Or

 

Statute Barred

SO NOT HAVING ANY DOCS IS ROLLOCKS

 

TalK About Getting Desperate

 

Poor Moorcroft

[diskmandave]

It's NOT Statute Barred.

 

I stopped paying in 2007 when they admitted they had no agreement..

 

Original thread...

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/68852-ltsb-no-agreement-game.html

[The GodMother]

Bloody hell i managed to get rid of these easily.

[diskmandave]

One letter usually....

 

But they're hanging with this like their lives depend on it!!

[The GodMother]

good luck to them then. LTSB still have not delt with my complaint 15 months on and are refusing to acknowledge it. There loss my gain.

[havinastella]

This

 

Dear Oxygen Thieves

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I note what you say about the Credit Services Association, and draw your attention to the first paragraph of its Code, which states that members must act lawfully at all times. Furthermore, under the CPUTR failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

 

Yours etc.

 

 

 

 

 

 

 

 

OR, this

 

 

 

 

 

 

Dear xxxx,

 

Thank you for your letter dated xxxx, however I find it difficult to believe that you have mislaid such an important document as the copy of the credit agreement.

 

As I am sure you are aware; especially with the recent highlighted cases of 'lost' data, which seems to be a serious issue I was led to believe that you are legally obliged to keep copy agreements for a 6 year period. As I’m sure you are aware, this 6 year period starts from the closing of an account not the opening of one.

 

 

It would appear that you have failed in your obligations to comply with the various anti money laundering regulations in not keeping such documents. This, as I’m sure you are aware, is a very serious offence.

 

I now require the balance of this account to be returned to zero.

 

Please note you may also consider this letter 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 14 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 fail to respond within 14 days, I will 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 would apply:

 

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

Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached.

I would ask that you review this account and respond favourably within 14 days of the date of this letter. Failure to do so will result in me reporting this matter to The Financial Crime Branch of HM Treasury and any other authorities as I see fit.

 

I look forward to your reply in due course.

 

Yours faithfully

[gezwee]

oops

Edited October 6, 2009 by gezwee
Cos I can

[The GodMother]

Lol.......how about asking for the return of all monies they allege were (mistakenly) paid to an unregulated agreement

 

I found a quality card the other day you could send 'em

 

 

 

 

LOL

Edited October 6, 2009 by sea-sidelady

[diskmandave]

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request

 

Once they confirm they cannot provide, they have complied with the

request, in that they cannot provide as they do not have it.

 

Tameside Trading Standards told me this personally..

[postggj]

I Take It Dave Any Default Is Now Off Your Credit File Even If You Were Making Payments Up To 2007

[diskmandave]

Long gone! Have just checked files too and they're clean..

[postggj]

Poor Moorcroft

 

Cant Even Threaten A Default Now

[diskmandave]

Their Pre-Court division are really really busy although I don't recall moorcroft EVER taking anyone to court.

 

I have a letter somewhere that states that they may have to

advise their client to instigate legal action..

 

I'll have to see if I can find it!!!

 

I *really* can feel a trip out to Stockport coming on!!

[The GodMother]

ROAD TRIP- whose up for one?

[count orlok]

Moorcroft thretened me with court action if I did not stop paying the OC, and start pauying them. Told 'em to go away and not be so stupid. Bunch of idiots realy wind me up with their stupidity.

[RHOOD]

Subbing Looks Like Fun :d

[diskmandave]

ROAD TRIP- whose up for one?

 

The more the merrier!!!

 

It's just off the main road...

 

[diskmandave]

This received on Tuesday.....

 

 

Reply 1 already on it's way to Stockport, should be there tomorrow...

 

 

Reply 2 (one of my old faithful's) going tomorrow afternoon, to get

there on Tuesday.. I'll post that up later next week..

 

Like old times this!!! :D

Edited October 9, 2009 by diskmandave

[RHOOD]

Like the bit at the bottom of MOORCROFT's letter,

 

"If you are unhappy with the information please contact us by return":rolleyes:

 

Keep it going Diskmandave:D

[diskmandave]

Well, I've just checked on Royal Mail and letter no2 that I posted

on Saturday was signed for today... One of my old favourites.....

 

Specially redesigned just for Moorcroft...

 

 

I'M COMING TO GET YOU MOORCROFT!!!

 

 

[The GodMother]

Oh love the letter will make them feel good.

[diskmandave]

Obviously Moorcroft like the sound of their own threatamatic typewriter..!

 

Because they keep pumping out the same SH!TE time and time again....

And again, and again.. I've got FOUR of these now!!!! IDIOTS!!!

 

Obviously, also; Don't want to abide by the Harassment Warning that I

served on them by manner of Signed For Recorded First Class Delivery

either...

 

 

I FEEL THAT I'M NOW GOING TO NEED TO MAKE THAT IMMEDIATE

CONTACT WITH THEIR CALL CENTRE TOMORROW AFTERNOON..... :razz:

 

Watch this space then...