moorcroft

[scouser9]

Hi Guys and Dolls.

 

As promised here is the letter that I intend to send tomorrow to Aktive Kapital Ltd be interested what you think.

 

Dear, Aktiv Kapital (UK) Ltd

 

Thank you for your letter of 12/10/2007. I have reviewed your response to my concerns and now write with my own final response.

 

To date, Aktiv Kapital (UK) Ltd and Moorcroft have all failed to comply with my statutory request for a true, signed copy of a regulated credit agreement and have therefore defaulted in respect of the above account.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974, regardless of whether an account has been passed/assigned/sold and as such, is a complete defence in any court claim that may be issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law.

 

This means that any attempt by your company or any other company to enforce collection on the above account will represent a further offence until such time as the original Consumer Credit Agreement can be produced and re-enforced in court (Consumer Credit Act, 1974).

 

In view of your comments in the aforementioned letter, I have no alternative but to assume that you never had such documentation in your possession following the purchase of this account. Furthermore, as it's now apparent that you will never be in a position to comply with my request, I cannot ever confirm that I have given authority for my personal data to be processed by any third parties.

 

 

With regard to my personal data and your failure to produce the aforementioned documents, I also require that you remove any reference to this alleged debt from my credit files both with Experian and Callcredit, and request an immediate cessation of any processing of unsubstantiated data to third parties under provision of The Data Protection Act, 1998 & The Consumer Credit Act, 1974.

Take note I have also complained to the Trading Standards also the Office Of Fair Trading, and my Member of Parliament about your conduct in this matter and your liability for holding a Credit Trading Licence.

If you fail to respond or abide by any of my instruction without justification, within the next 14 days, then I will have no alternative but to begin legal proceedings for the full recovery of monies owed, plus interest, plus my costs and without further notice..

I trust this clarifies your position and mine.

 

Yours faithfully/sincerely,

Scouser9

Keep Fighting the Fight;)

[scouser9]

Or should I add this as well

 

Thanks Guys and Dolls

Please note that I am *only* prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

[PriorityOne]

 

With regard to my personal data and your failure to produce the aforementioned documents, I also require that you remove any reference to this alleged debt from my credit files; Experian, Equifax and Call Credit and request an immediate cessation of any processing of unsubstantiated data to third parties under provision of The Data Protection Act, 1998 & The Consumer Credit Act, 1974.

 

Take note I have also complained to (the) Trading Standards, The Office Of Fair Trading, and my Member of Parliament about your conduct in this matter and have questioned your right to hold a Consumer Credit Licence.

 

(If you fail to respond or abide by any of my instruction without justification, within the next 14 days, then I will have no alternative but to begin legal proceedings for the full recovery of monies owed, plus interest, plus my costs and without further notice.)

 

 

I trust this clarifies your position and mine.

 

Yours faithfully/sincerely,

 

Scouser9

 

 

Keep Fighting the Fight;)

 

Hi Scouser,

 

Have made some suggestions in orange. I would remove the last para (brackets)...as this is very unlikely to happen and they will see it as an empty threat, although it probably won't do any harm either.

 

[scouser9]

Thanks PriorityOne,

 

As usual great advice, I have amended letter and sent as you have suggested, I dont think there is a need to re-show letter at this point is there, I will keep everyone up to date if and when i get a reply.

 

Thanks again

Mikey (Scouser9)

[kopw]

I sent these wallies a CCA request for my outstanding credit card and got back an agreement for a personal loan I fully re-paid about 5 or 6 years ago.

[Halfangelhalftart]

Due to a house move to a non Virgin area I had to move to a different supplier. I got my final bill to be paid by 3rd Oct and I paid it promptly.

 

I received a letter from Moorcroft dated 25th Oct advising that they were collecting £36 on behalf of Virgin Media!!

 

Now I know that I paid this payment on 24th Sept - infact I have a later bill (for a pay per view event) from Virgin showing reciept of this payment on 1st October!

 

Should my issue be with Virgin or with Moorcroft? How have they got this info? They sent the letter to my previous address but Virgin correspond with my new address! Will this have put a negative mark against my credit rating as a default and if so, who's butt should I be kicking to get it sorted?

 

thanks for any advice.

 

Cara