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Hello Peeps
First Post here, and it’s about our Insidious Rodents named Moorcroft J
A quick background on the issue, they bought a debt off Arrow Global that I am disputing,
I have sent them the following and they continue to say the debt is on hold even after failing to deliver the documents in the time frame saying they are waiting on Arrow global to send them the documents, what I want to know if possible, are they breaking the law or what can I say if this is enforceable, I am using Resolver website to deal with them.
Dear Sir or Madam,
I have contacted the customer services team at Moorcroft Group with my complaint, but you have failed completely in responding to all my emails and the time allotments stated by law regarding this situation.
Therefore unless you reply with an acknowledgement of your failure to reply within the dates stated below I will escalate my complaint in 3 days.
In my email from Resolver (12th August 2019) I made a formal request for the following:
1. Supply me with a true signed copy of the alleged Agreement you refer to. This is my right under your obligation to supply a copy of the Agreement under the legislation contained within Section.78 (1) Consumer Credit Act 1974 (s.77 (1)
for fixed sum credit) - your obligation also extends to providing a fully itemised Statement of Account.
2. Supply me with a signed true copy of the Deed of Assignment of the above referenced Agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original Creditor or not under Section 189 of the Consumer Credit Act 1974.
The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (27th August 2019) and (26th September 2019) respectively.
As you are no doubt aware, Section 78(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.
Therefore on (not sure what date to put here) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to (enter DCA name).
Is there a template letter I can use to follow up their last reply?
Many Thanks
Pel
First Post here, and it’s about our Insidious Rodents named Moorcroft J
A quick background on the issue, they bought a debt off Arrow Global that I am disputing,
I have sent them the following and they continue to say the debt is on hold even after failing to deliver the documents in the time frame saying they are waiting on Arrow global to send them the documents, what I want to know if possible, are they breaking the law or what can I say if this is enforceable, I am using Resolver website to deal with them.
Dear Sir or Madam,
I have contacted the customer services team at Moorcroft Group with my complaint, but you have failed completely in responding to all my emails and the time allotments stated by law regarding this situation.
Therefore unless you reply with an acknowledgement of your failure to reply within the dates stated below I will escalate my complaint in 3 days.
In my email from Resolver (12th August 2019) I made a formal request for the following:
1. Supply me with a true signed copy of the alleged Agreement you refer to. This is my right under your obligation to supply a copy of the Agreement under the legislation contained within Section.78 (1) Consumer Credit Act 1974 (s.77 (1)
for fixed sum credit) - your obligation also extends to providing a fully itemised Statement of Account.
2. Supply me with a signed true copy of the Deed of Assignment of the above referenced Agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original Creditor or not under Section 189 of the Consumer Credit Act 1974.
The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (27th August 2019) and (26th September 2019) respectively.
As you are no doubt aware, Section 78(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.
Therefore on (not sure what date to put here) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to (enter DCA name).
Is there a template letter I can use to follow up their last reply?
Many Thanks
Pel
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