Ding-Ding Round 2 Enaids lad

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Well I don't know exactly how many times they need to be told, that this debt is made up soley of charges and how often I have to tell them it is in the system until after the OFT result.
The lad has this morning received a letter stating it has now been passed to Moorcroft Debt Recovery wanting Payment within 7 days etc.
This debt is also part of the CCCS debt management programme he is in, having never failed to make a payment to them.
What to do now please?

[Amy]

Re: Ding-Ding Round 2 Enaids lad

Write to Moorcroft and tell them what you've said above. There is nothing they can do.

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Thank you xx

[Paule]

Re: Ding-Ding Round 2 Enaids lad

You need CBs 'Bemused' letter to send to them

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

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Oh I say, copy and paste pmsl thank you too xx

[Tools]

Re: Ding-Ding Round 2 Enaids lad

Don't forget you can also complain to the OFT about this Nelly

Do you have a genuine complaint against a DCA or Collections Department?
Are they acting against OFT Debt Collection Gudelines?
If you do then read more HERE

Once you have you can also inform Moorcrofts and Natwest of your complaint .

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Okidoki ready to do this now to Moorcroft sick of them phoning.
Just need a little help as it says the form is to be used from either beagles or CCCs am a bit stuck as to who to put. Doesn't mention nagging mother lol

[Curlyben]

Re: Ding-Ding Round 2 Enaids lad

If you want them to stop calling simply tell them that.

Yes there is a trick.
When you answer tell them that the call is being recorded and that you require ALL communications to be in writing for the avoidance of doubt.
Then just tell them to remove your number from there database as any further calls will initiate legal action under protection from harassment act.

They wont like the recording threat much, but tough, it's YOUR phone.

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Thanks for tha CB, but they should not even be writing let alone phoning.
I have sent them your letter above and told them its in dispute, in a DMP. What more can I say, we have told them letters only and OH got very rude and told them to eff off.
It is causing friction at home upon what is already a difficult situation, I want to report them.

[Curlyben]

Re: Ding-Ding Round 2 Enaids lad

You can do that as well

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Well me thinks the eff off from OH might have worked along with the fact they have now received my letter (well CB's letter actually).
This morning after seeing the said letter they say "They require a monthly repayment proposal that the lad can afford and maintain, before THEY lol can assist him any further.
So now I think it's time to write and ask them if they are indeed entitled to collect this debt. I do infact need proof of this by them supplying me with a copy of the CCA. Then they can gladly contact CCCS who are in fact my DMP managers and have been for the last 12 months.
I could do with a little help on the wording please if anyone is available.
Enaid xx

[Curlyben]

Re: Ding-Ding Round 2 Enaids lad

I'd just throw my FULL CCA at them with an additional line about them NOT going through his DMP agent as required by OFT Regs:

refusing to deal with appointed or authorised third parties, such
as Citizens Advice Bureaux, independent advice centres or money
advisers

AND

contacting debtors directly and bypassing their appointed representatives

[enaid]

Re: Ding-Ding Round 2 Enaids lad

lol speak of the devil phone just rang it was Danial lol, think day afore yesterday it was Lisa. Doing letter now thanks CB xx

[Curlyben]

Re: Ding-Ding Round 2 Enaids lad

Did you tell them about recording and NOT to call ?

[hellhasnofury]

Re: Ding-Ding Round 2 Enaids lad

Hello Enaid,

You know how I feel about the Nasty, don't you forget about their part it all of this and just give it to them big style