Help! What to do now?

[Never-In-Doubt]

Re: Help! What to do now?

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

• 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

[Never-In-Doubt]

Re: Help! What to do now?

hiya

stay online i'll do you a reply now - brb

[antsean]

Re: Help! What to do now?

Hi Andy

Many thanks for your reply to my post! When you say send a CCA request letter with a £1-00 fee, do you mean I am having to start all over again? I sent them a letter in May2010 with the fee requesting the CCA-they wrote back and said I should have a copy of my own & sent back the cheque. I then wrote again and requested it for a 2nd time-they have ignored this also.

So I would really like to know what letter I would send now, as they have failed to produce it on two occasions!

Many thanks once again!

PS-And is their a template in the forums that I could use to base my letter on?

[antsean]

Will try and make this brief! I had a catalogue with Ace Gifts since 2005 and always paid regularly until August 2009, when I became seriously ill & was in and out of hospital for several months. They started to apply 'admin charges' at £20 a pop every month if I missed my payment or it was late. I emailed them and told them because I was seriously ill and constantly being hospitalised would they put me on direct debit so I did not have to worry about when payments were due-I received no response.

After going back and forth for 2 months and customer advisors giving me different information everytime, I finally managed to get one who said he would put me on a payment plan of £10 per month & no further charges would incur. However, after making my first payment way before the date it was due I was very angry when I got my next statement to see yet another £20 charge had gone on the account! So I started contacting them again and they would not budge-despite my having copies of all emails sent/received and the names of the advisors. Because by this time I was absolutely exhausted from my illness (Cancer), I gave up with them and just stopped paying. I was then sent a default notice.

In May this year, Moorcroft Debt Collections got involved. The debt had now risen to £256 from the actual £112 that I had spent. I sent them a letter requesting my credit agreement, together with the fee, only to receive it back 2 weeks later saying that Ace had said I would have been sent a copy and I should have kept it. I then sent another letter in reply using one of the templates on here giving them another chance to produce the agreement-which they did not.

I then tried a different approach, which may have been a mistake, and photocopied all the emails between myself and Ace and send them to Moorcroft, disputing the amount owed, due to the distress Ace had caused me at a time when I was very ill, and being told one thing and then another by their so called customer service advisors. As far as I was concerned I had been told I was on a payment plan, and despite my making my first payment in good time, they still charged me admin fees-despite saying they would not-and the emails clearly show this. I also told Moorcroft that I was perfectly happy to pay the £112 I actually owed, but not the admin fees, when it was Ace at fault.

I have now got 2 letters back from Moorcroft, the 1st basically saying that Ace are not budging and want the full £256 and the 2nd being a Notice Of Possible Litigation. My question is: because they have been so money-grabbing and trying to get as much as possible from me, can I resort back to unenforcability again as they cannot produce the signed agreement? If so, could you tell me which template letter to use-bearing in mind that I have requested it twice already to no avail.