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This is in Progress and the thread was started over there.
This is a follow up to my win over BT
http://www.legal-beagles.co.uk/forum...html#post14386
So to follow is a recap for those who didnt tune in.
13th June 2007
If you pay a DCA the £1 fee for the CCA request and they cannot produce this, can you demand the pound back?
The reason I ask is that I had an account in dispute with BT over a penalty charge, I owed part of the debt and disputed part.
BT passed the full amount to Moorcroft, even though BT had told me that had no proof I agreed to the contract.
Anyway the debt was £600 in total, £400 calls and line rental, £200 termination penalty for line rental.
I got the usual letters from Moorcroft threatening court, litigation, legal costs and so on.
I have now paid the amount I admitted to, direct to BT in 2 payments (Moorcroft got a bit upset) and BT have credited my account with the amount I disputed, so its sorted now.
BUT I also sent Moorcroft a cca request, which I know they can’t produce because a) there isn't one and, b) it won’t apply to the BT contract.
Tomorrow it will be 12 + 2 days.
What I am looking to do is to reverse the tables on Moorcroft to claim
back my pound.
At present Moorcroft have acknowledged receipt of my pound and credited to my account, which has the following issues:
a) My account is fully satisfied so my account is in credit by £1
b) They are ignoring my cca request
c) They are accepting payment under false pretences
What I intend to do is to send them a letter stating that 12 days has passed, then a letter when 30 days is up.
I will then produce paperwork similar to theirs and start the process to chase them for the pound, the only difference being that I will follow through my intentions and not send empty threats like they do.
I will keep you all informed and I will post all my correspondence.
21st June 2007
Ok, Day 12+2 and no info.
Sending this letter out in the morning
Moorcroft Debt Recovery Limited
PO Box 17
2 Spring Gardens
Stockport
Cheshire
SK1 4AJ
FAILURE TO PRODUCE AGREEMENT
Dear Sir/Madam
Ref: xxxxxxxxxxxxxx
I wrote to on 1st June 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque (no 10004
as the fee payable. This letter was delivered as you have acknowledged receipt of the payment and cashed the cheque.
The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 21st June 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 21st July 2007 this time limit will have expired.
I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to the same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:
If the creditor under an agreement fails to comply with subsection (1)—
(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence. As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.
Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (21st June 2007)
Data Protection Act (Data Protection Act 1998
Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.
I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.
If you are unable to supply any information you are also required to return the £1.00 fee that was paid, as you have not provided the information for which the fee was levied.
Yours faithfully,
PKea
And thats where I'm at as of 06/07/07
This is a follow up to my win over BT
http://www.legal-beagles.co.uk/forum...html#post14386
So to follow is a recap for those who didnt tune in.
13th June 2007
If you pay a DCA the £1 fee for the CCA request and they cannot produce this, can you demand the pound back?
The reason I ask is that I had an account in dispute with BT over a penalty charge, I owed part of the debt and disputed part.
BT passed the full amount to Moorcroft, even though BT had told me that had no proof I agreed to the contract.
Anyway the debt was £600 in total, £400 calls and line rental, £200 termination penalty for line rental.
I got the usual letters from Moorcroft threatening court, litigation, legal costs and so on.
I have now paid the amount I admitted to, direct to BT in 2 payments (Moorcroft got a bit upset) and BT have credited my account with the amount I disputed, so its sorted now.
BUT I also sent Moorcroft a cca request, which I know they can’t produce because a) there isn't one and, b) it won’t apply to the BT contract.
Tomorrow it will be 12 + 2 days.
What I am looking to do is to reverse the tables on Moorcroft to claim
back my pound.
At present Moorcroft have acknowledged receipt of my pound and credited to my account, which has the following issues:
a) My account is fully satisfied so my account is in credit by £1
b) They are ignoring my cca request
c) They are accepting payment under false pretences
What I intend to do is to send them a letter stating that 12 days has passed, then a letter when 30 days is up.
I will then produce paperwork similar to theirs and start the process to chase them for the pound, the only difference being that I will follow through my intentions and not send empty threats like they do.
I will keep you all informed and I will post all my correspondence.
21st June 2007
Ok, Day 12+2 and no info.
Sending this letter out in the morning
Moorcroft Debt Recovery Limited
PO Box 17
2 Spring Gardens
Stockport
Cheshire
SK1 4AJ
22nd June 2007
DEFAULT UNDER THE CONSUMER CREDIT ACT 1974FAILURE TO PRODUCE AGREEMENT
Dear Sir/Madam
Ref: xxxxxxxxxxxxxx
I wrote to on 1st June 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque (no 10004
as the fee payable. This letter was delivered as you have acknowledged receipt of the payment and cashed the cheque.The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 21st June 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 21st July 2007 this time limit will have expired.
I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to the same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:
If the creditor under an agreement fails to comply with subsection (1)—
(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence. As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.
Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (21st June 2007)
Data Protection Act (Data Protection Act 1998
Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.
I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.
If you are unable to supply any information you are also required to return the £1.00 fee that was paid, as you have not provided the information for which the fee was levied.
Yours faithfully,
PKea
And thats where I'm at as of 06/07/07
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