Hello,

Not to long ago I have received a letter from

MXXXXXXXX Debt Recovery Limited.

Pre-court division

With bold red letters "NOTICE OF INTENDED LITIGATION"

Stating that I owe them the sum of £6XX.XX.

Also the fees for; Solicitors costs for issue of claim form, court fees for issue of claim form, solicitors costs for entering judgment (by default), and the total debt amount if Judgment is obtained.

Which ofcourse is much higher than the sum requested.

As far as I am aware, all my previous outstanding balances/accounts with their client has been resolved.

Since I already have paid the overdue amount over the phone to the original company. I have also realized that the original amount for which it was due is actually one third of their stated amount.

Now the question is, what do I do? or don't do? Is this a legit letter to start with?

Looking forward to your response(s)

Thanks in advance.

Hi -- Send Moorcroft a request for your CCA (consumer credit agreement) for this alleged debt enclosing a £1 postal order by Recorded delivery, they have 12 + 2 postage days in wich to send you a legitimate copy of the original agreement...otherwise the account is in dispute and they cannot legally enforce any further action over the alleged debt.

............................................... ..............................................

Your name address & date.

Dear Sir / Madam,

Re:− Your Account ref no.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true 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 s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. 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 S189 of the CCA 1974.

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date) , I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


Yours faithfully (Print name)

Thank you, conmankiller for the comprehensive steps and a sample letter.

I shall be sending it monday. Hope they will do their bit and save the trees by keeping their silly yellow envelopes.

Just another question to double check. In this paragraph;

"Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date) , I will have no hesitation in passing your details to the Office of Fair Trading."

I suppose that date that I would require would be 14 days after the letter has been sent yes?

i.e. if letter was sent on 01-02-2008 it would be 15-02-2008.

Again Many thanks !