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Re: Help! What to do now?
Thanks for such a quick response Niddy-I will send the letter above that you initially wrote for Moorcroft DCA to Westcot tomorrow morning and see what happens, as you say.
I totally trust you by the way with this as I know that after the way Ace and Moorcroft behaved they cannot really do anything. I just get confused as I was under the impression that, because I put this account into formal dispute with both Ace Catalogues and with Moorcroft DCA, and they have failed to respond accordingly to my proposal of settling the disputed amount-that they are not allowed to just pass it or sell it to another DCA, namely Westcot. Even in the OFT guidelines it says that it's unfair to involve a number of DCA'S. But thinking about it -it does'nt say it's unlawful, so I spose that's the way it has to be played out!
Will send the above letter anyway off to Westcot and see what happens next!
Thanks once again for all your hard work
Ant
Originally posted by Never-In-Doubt
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Ant,
Send this back to Moorcroft - that will sort them out. It was done quickly so spell check it etc first....
Don't worry, as my letter suggests they cannot touch you. You are in command here. Also, i've knocked £50 off so the most you'll be paying now is £10 x 6 so £60 ;30
If theydo not like it then we'll take it further and that way they'll get a £500 fine, which i'll then argue was unnecessary under the circumstances, level of complaint and also current legislation - we'll beat them, don't you worry.
2
You got a pissed off Niddy on side (is that a good thing or a bad thing lol) ;Hmm
Send this back to Moorcroft - that will sort them out. It was done quickly so spell check it etc first....
Don't worry, as my letter suggests they cannot touch you. You are in command here. Also, i've knocked £50 off so the most you'll be paying now is £10 x 6 so £60 ;30
If theydo not like it then we'll take it further and that way they'll get a £500 fine, which i'll then argue was unnecessary under the circumstances, level of complaint and also current legislation - we'll beat them, don't you worry.
2 You got a pissed off Niddy on side (is that a good thing or a bad thing lol) ;Hmm
- Dear Sirs,
Account No: XXXXXXXX
I write with reference to the above numbered account and note, with regret, that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account; without the need for legal action. Do you need me to point out that this account is formally in dispute with Ace Gifts and has been since they, not only failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.78 of the Consumer Credit Act 1974 (CCA1974), but they wrote back to me and told me "I should have my own copy" which is a clear and blatant breach of the CCA.
I am disgusted at their attitude, and yours. You mention that your client wan't the full amount recovered, well let me tell you this; the only amount I am liable for is the original debt of £112 - the charges were agreed to be waived and I expect that to be honoured, I do not care if Ace Gifts now change their mind, I was told that I would not be charged and therefore was led to believe that was the case. As such, this account is formally in dispute and as a result, no formal action can be taken.
I also note you mention you'll consider litigation, please do not make me laugh - no court in this land would accept your argument and for the paltry amount involved, I guarantee you now that I shall defend this with all my power and reclaim all charges incurred from you, via submission of a costs order from the courts. I have offered £10 per month for 11 months, that is your lot. Accept it or send me the purported CCA and then i'll go down the unenforceability route meaning you'll get nothing.
I am not joking, no more messing about and treating me like an idiot. I was extremely ill with cancer at the time I was being harassed and in case you were not aware, harassing me to the point of additional illness is not only unethical but one of the biggest breaches of OFT Debt Collection Guidance going. I strongly suggest you go back to Ace Gifts and tell them you're accepting my kind gesture to repay £10 per month for 6 months - as I am now claiming £50 compensation for the hassle and pain suffered over the last few months. I should also point out that my next move will be to report them to the governing body, meaning an instant fine of £500 to help toward mediation and investigation costs - so for £112 is it really worth it?
As part of the offer, to pay £60 over 6 months I also expect, as standard, my credit file(s) to be marked as settled with the balance showing £0 and also the incorrect and unlawful default removed. As the account has been formally in dispute with both balance and enforceability; no default should ever have been issued especially not so long after the actual debt arose - you are aware that you should be placing a default within 6 months of the first missed payment surely? Then why was one placed on my record after 10 months, when the account was formally in dispute with the lender failing my CCA Request, adding unlawful charges and harassing me whilst I was suffering from cancer? I think you can see where i'm going with this...
Please, do not waste my time with your idle threats any longer. I will send you £10 per month for 6 months commencing end of Sepember, just write back and confirm it or pass the account back to Ace Gifts, and tell them to expect contact from the ICO and the FOS for their breaches. You really don't want to push me on this because it has been error after error and my findings will shock the governing bodies to the core - rest assured of that!
Yours faithfully,
Sign digitally
I totally trust you by the way with this as I know that after the way Ace and Moorcroft behaved they cannot really do anything. I just get confused as I was under the impression that, because I put this account into formal dispute with both Ace Catalogues and with Moorcroft DCA, and they have failed to respond accordingly to my proposal of settling the disputed amount-that they are not allowed to just pass it or sell it to another DCA, namely Westcot. Even in the OFT guidelines it says that it's unfair to involve a number of DCA'S. But thinking about it -it does'nt say it's unlawful, so I spose that's the way it has to be played out!
Will send the above letter anyway off to Westcot and see what happens next!
Thanks once again for all your hard work
Ant
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