Moorcroft and Kays

[bigyeti]

My advice would be to ask her to grant you power of attorney for this matter. This allows you to legally act on her behalf.

 

Public Guardianship Office

[Laney65]

This is a longish story so I'll bullet point it.

 

1 Owed kays £490

2 Jan 2007 Paid £320

3 Cheue cashed but never took off my account.

4 Questioned where money had gone. No answer.

5 Moorcroft took over.

6 Sent copy of Cheque still no answer to where the money was.

7 CCA'd them no answer for over 12 months.

8 Today 08.03.08 letter from Lowell saying they have bought the debt.

9 Today 08.03.08 Letter from kays saying lowell have the debt since 04.12.07.

 

What do I do now.

 

I don't deny I owe them money but I'm not paying £490 when they seem to have lost £320 I did pay and by my reckoning owe them £170.

[The GodMother]

ok this is a new one on me.

 

Now i think u really have 2 options.

 

you need to keep on at kays about the cheque.

They have cashed it and they have had the payment which means they need to do something about it.

 

Lowell need to be sent the letter that i will post in a moment.

I will also post the telephone harassement letter aswell but you dont have to use it.

 

Chrissi

[The GodMother]

Your Street

Town

City

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

 

the telephone harrassement letter

 

edit where necessary

[Laney65]

If Moorcroft were trying to collect and have been in default of a cca request for over 12 months can this be passed on to Lowell?

 

As for Kays they seem to be completely useless regarding the cheque paid to them and I saying I have to deal with these people now.

[The GodMother]

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

BLAH Type dont sign

Send by recorded delivery at least and give them 14 days to comply

[The GodMother]

anything purple will need changing to suit your needs

[Laney65]

Long story so I will bullet point it out guys any advice gladly received.

 

Jan 2007 L'Woods pass debt to Moorcroft for wrong amount they failed to credit a £150 to my account. To this day it still hasn't been found although they cashed the cheque ok.

 

Feb 2007 sent CCA request to Moorcroft surprised no answer even though they still try to collect the debt. I file a complaint with the ombudsman in November 2007.

 

Jan 2008 Lowell join the chase saying they now own the debt. Not according to my credit file they don't. Inform them of dispute they say they will refer to L'woods. They say they know nothing about the dispute.

 

Lowell continue to try and collect now passed to the office next door namely Hamptons letterhead instead of Lowell. They inform me they are going to request my credit file to check on my financial status, that should make them laugh I am currently in a DMP with CCCS. This debt was not included though.

 

I am about to send them a CCA request as well.

 

All I want to do is pay this debt but not the £490 they say I owe, I owe them £120 with the missing payment taken off that is.

 

Along with my CCA I have produced the following if anyone could advise me on it I'd be grateful.

 

To whom it may concern,

 

As an appendum to my CCA request enclosed please note the following:

 

I. As stated in previous correspondence on this matter this account is in dispute with Moorcroft. (Since February 2007).

II. As this account is in dispute you should be aware that any attempt by you to enforce this is in itself illegal.

III. As you see fit to continue in your attempts to enforce this I have passed on copies of ALL correspondence between us to the financial ombudsmen who have assured me that they will now become part of the ongoing investigation into this matter. I have also updated the local trading standards office and the office of fair trading, who are also showing great interest in this matter relating to Moorcroft/Littlewoods and now yourselves.

IV. Until you have proven your right to own this debt I require you not to obtain a credit file or to process my data. Without my permission this is a clear breach of Data Protection Laws and if you persist in this I will bring about a court action against you for doing so.

V. As the original dispute is over the amount of debt allegedly owed I require that this matter be returned to the original debtor namely Littlewoods Personal Finance.

[fuzzybobble]

I find a letter with the heading "Formal Complaint" in a large font, in bright red letters usually shuts them up.

 

In the letter, point out all their failings, (quoting laws and gudelines they have failed to comply with.) Give them 14 days to reply with a full explaination as to why this has happened. Also state what you require them to do. e.g - Written confirmation your details have been deleted from their system, etc. Also mention that if they continue to harass you for debt they have no proof you owe, you will have no hesitation to complain to Trading Sandards, the FOS, and the OFT about their behaviour. Also send a copy of this letterto Littlewoods, and mention that you will be involving them in the complaint as they sent a disputed account to both Moorcroft and Lowell.

 

Usually a formal complaint keeps them quiet and they drop the account like a hot potato. Then keep the pressure on Littlewoods to stop them farming it out to yet another DCA.

[Laney65]

I recently fended off Lowell and kays for a catalouge debt as there was no signed CCA.

 

Having checked my credit file both Kays and Lowell are showing a default is this correct or can I get them removed?

 

Thanks.

[hillards]

I recently fended off Lowell and kays for a catalouge debt as there was no signed CCA.

 

Having checked my credit file both Kays and Lowell are showing a default is this correct or can I get them removed?

 

Thanks.

Send Lowell a copy of IdaInFife's letter - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

Technically it's correct. Your original default was with Kays, they've since disposed of the account, but are not obligated to remove the default.

 

It has been shown that Lowell were not permitted to handle your data, so you can ask them to remove the default they placed on the account. If they do not comply with the request you may have to go further and take legal action to make the remove it. See what happens with the letter first.

 

Despite the fact that you are not required to repay the debt, through there being no enforceable CCA, you will have difficulty in getting the Kays default removed as you do not dispute that you had an account with them, or that you had goods on the account. As such they will claim that they acted correctly in placing the default on your file.

[Laney65]

I did actually dispute the debt with kays due to charges being added and they also admitted no signed CCA was in existence as well.

 

Does that make any difference?

[cerberusalert]

Technically speaking, if they cannot provide you with an enforcable CCA they shouldn't be processing your data i.e marking your credit file as in default.

 

Part of the CCA encompasses your permission for them to process your data, ergo no CCA = no permission.

[Laney65]

Thanks guys,

 

I will be sending letters asking for the defaults to be removed first thing on Monday.

[hillards]

I did actually dispute the debt with kays due to charges being added and they also admitted no signed CCA was in existence as well.

 

Does that make any difference?

 

Not a lot as far as Kays goes - unless you wish to dispute that you ever had an account with them, claiming it was ID theft, which requires a Police crime number etc. The default stays.

 

They will maintain that you had goods and defaulted. The fact that they can't collect the debt is immaterial. If anything, they will have written the account off to sell it to the DCA. The default was entered as a genuine item, on what grounds would you require it to be removed?

 

The only other course of action would be to send a SAR to Kays and reclaim the charges they added. However, as you've shown that no CCA exists, and the debt cannot be enforced, you can't really claim back what you've not paid...

 

Sorry...