Help with Moorcroft

[Boozbro]

Help!!!!!!!
I requested my last 6 years worth of statement in October 06. Unfortunately I have not been able to persist with the claim due to the family circumstances as I have only returned to my home 2 days ago after 3 months away.
I have returned to a bailiffs letter for the ammount of £1881. This is the ammount that I currently owe the bank. On looking through my bank statements I have been charged £1997 in charges over the last 6 years (without taking into account the interest).
I called the bailliffs to make them aware of the dispute and they informed me that they wanted £818 as they were aware of the £1000 in bank charges on that account I was disputing and that unless paid they are reposessing belongings from my home. When I tried to explain that I was claiming on 2 different accounts with the same bank and that my claim was for more than what I was being persued for I was informed He didn't give a sh*t about the other account and that I still owed £818 on this one so pay up or else. When I tried to argue this he hung up on me with the message he will see me at my home real soon.
Are these idiots still allowed to get away with this ?
Are they allowed to just turn up without a court order ? If so
Do they have to make me aware of the cout date ?
I took a 1/2 a day unpaid to try and seek help from the citezens advise but did not realise that you know have toi book an appointment.
After 3 months without any income I could not afford this hassle at all.
I did originally post this on the nationwide site but was advised I would be better advised here.
Any Advise would be greatly received

Carl

[Boozbro]

I have sent a cca request to moorcroft. Which i sent registered post. What should my next action be ?

[Laiste]

Hi Carl,

You have done the right thing in requesting your statements for the past 6yrs to calculate the charges. Just to clarify a few things, Moorcroft is a Debt Collection Agency (DCA) not a bailiff. Without taking you to Court and obtaining judgment, the action they can take is fairly limited. DCA's threaten all sorts, including sending someone to your home, invariably they don't, certainly not in my experience anyway. They cannot repossess your belongings without a Court Order. These Companies LIE constantly to get you to pay up. You must stop believing anything they tell you!

The conversation you have related is a threat. Under the Administration of Justice Act 1970 and the Protection From Harassment Act 1997 this is both unlawful and illegal. As many others will recommend, you should buy a recording device to tape all the calls, to gather evidence. You are not under any legal obligation to tell them that you are recording the call. Personally, I wouldn't, my objective would be to put together a case to have them prosecuted and claim damages for the distress caused. Maplins sell recording equipment for about £15.00, which is a good investment to enable you to build a case against these parasites. You will have to start a Court claim to recoup the charges, its in your best interests to add harassment to your claim and anything else you can think of that they've done.

Laiste.

[Boozbro]

Thank you for your advice.
I requested the coa 18 days ago and have had no reply.
At the same time i sumbitted my prelim request for unlawful charges back and added a not requesting the debt be recalled from these idiots whilst the account was in dispute.
I received a (usual) reply from the bank but none from debt agency.
I will continue with my claim against the bank but thank you for your sound advice.
1 last question though .....would I be within my rights to claim the days unpaid work back from the bank due to the threatening call i had with the dca ?

[Laiste]

Hi boozbro,

Glad to help! If the menacing and unlawful/illegal threat made by the DCA prompted you to take the time off work, to go to Citizens Advice, then I would claim the loss of earnings absolutely! Don't let them get away with such despicable behaviour.

Laiste.