Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder loubyb Novitiate

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    Angry Moorcroft Debt recovery

    I had a letter from Moorcroft Debt Recovery in Stockport in August this year. I rang them and agreed that I would pay them a small amount every Friday. I also told them that as I was going away for 2 weeks my mum would be ringing on my behalf and making the payment. The man that I spoke to said that would be fine. My mum rang as agreed on the 31st August to make the first payment and she was told that there was no record of me phonong and agreeing that my mum would phone on my behalf. They told her that she would have to pay the full amount of 206 there and then. My mum paid this on her credit card for me and we thought that would be the last of it. I then recieved a letter on 3rd Oct saying that i owed 215 and that my debt was in the process of being passed to the courts. I rang them again and was told that if I didn't pay the full 215 there and then I would be taken to court. I explained that I simply didn't have that amount of money at the time at which point the lady on the phone became quite aggresive and I ended up in tears. After the phone callicon I remebered that my mum had paid it and got her to check her bank statements and ring them back. She did this and told them that the payment had been taken from her account on 3rd Sept. They had no record of the payment ever being made. My mum has now had to send them a copy of her bank statement in order to prove to them that she had paid it and to add insult to injury they told my mum that she would have to pay and extra 9! Mymum refused and we are currently going to CAB and getting advice on how to deal with these aggresive people! All this stress that they have caused me is making me really ill and all for 215!!!! How can companies like this be allowed to get away with such aggresive behaviour!!!!!

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  2. #2
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    Default Re: Moorcroft Debt recovery

    As it's paid up, I would try and put this one behind you now. In future however, never have any dealings with any debt people on the 'phone because they will come out with all kinds of bowlarks in order to get money from you. As for the 9 charge.... forget about it. If they contact you in writing, then come back on here. If they try and 'phone you, just hang up.


  3. #3
    Basic Account Holder djdave Informative djdave Informative djdave Informative djdave Informative djdave's Avatar

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    Default Re: Moorcroft Debt recovery

    Oh loubyb, if only you'd found this site earlier. Don't beat yourself up, you did nothing wrong. Companies like Moorcroft prey on fear and ignorance of the law, and believe they have carte blanche to threaten and intimidate people into payment.

    Please tell as many people as possible about this site, and don't let Moorcroft upset you.

    As PO says, do NOT speak to them on the phone, no matter what. If they get back in touch, politely but firmly tell them to put all correspondence in writiting, then post here for more advice.



    • Barclays: WON!!! It took four months but was totally worth it!
    • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
    • Elephant.co.uk: VICTORY - they admitted there was no debt!
    • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!
    <--- If I've been helpful please remember the scales
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    Basic Account Holder loubyb Novitiate

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    Smile Re: Moorcroft Debt recovery

    Thanks for you comments they have helped me to feel better. my mum is ringing them on friday to make sure that it is all sorted


  5. #5
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    Default Re: Moorcroft Debt recovery

    No !! Don't ring them !!

    You have to understand how these guys operate to know where all these exclamation marks are coming from. DO NOT EVER RING A DCAicon !! They will lie, intimidate, threaten and bully you into making payments. You will never get the closure that you're after.... all you need to do is keep all proof that payments were made somewhere safe and ignore all attempts to contact you by 'phone.

    If they WRITE to you, then come back on here for ways of dealing with it.

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    Basic Account Holder djdave Informative djdave Informative djdave Informative djdave Informative djdave's Avatar

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    Default Re: Moorcroft Debt recovery

    I'd echo that. Phone them ONLY if you're recording the call AND totally confident dealing with them.

    I'm not accusing Moorcroft of this (of course), but DCAs have in the past been known to lie on the phone. Or they'll tell you that everything is fine, then write demanding more money.

    Give me a minute or two and I'll suggest what to write.

    • Barclays: WON!!! It took four months but was totally worth it!
    • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
    • Elephant.co.uk: VICTORY - they admitted there was no debt!
    • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!
    <--- If I've been helpful please remember the scales
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  7. #7
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    Default Re: Moorcroft Debt recovery

    I'd put something like this:

    Dear Moorcroft,

    I do not acknowledge any debt to your company.

    You have recently been sent a bank statement which clearly shows that 215 has been paid in respect of this alleged debt. I appreciate there may be some confusion as this payment was made by a relative, however I expect that you will now consider this matter closed.

    Please be aware that any further demands for payment will be treated as harrassment under the Administration of Justice Act.

    Yours,

    I wouldn't bother with anything else, to be honest. As others have said, if they still write back or demand payment, let us know.


    • Barclays: WON!!! It took four months but was totally worth it!
    • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
    • Elephant.co.uk: VICTORY - they admitted there was no debt!
    • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!
    <--- If I've been helpful please remember the scales
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  8. #8
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    Default Re: Moorcroft Debt recovery

    Rec. delivery..... keep the receipt.


  9. #9
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    Default Re: Moorcroft Debt recovery

    ...and don't use your usual signatureicon.


  10. #10
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    Default Re: Moorcroft Debt recovery

    loubyb,

    Do not let these vultures get you down. They are the lowest of the low!

    Remember you are not a criminal!

    I would also echo what others have posted on here. DO NOT SPEAK TO THEM ON THE PHONE!

    Good luck
    you are among friends here.

    The only man who sticks closer to you in adversity than a friend is a creditor.

    Debt Collection Charges

    There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

    Without such provision, collection charges cannot be demanded as a debt due under the agreement.
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  11. #11
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    Default Re: Moorcroft Debt recovery

    I'd report their behaviour to your local Trading Standards (TS). The Tactics used are completely deplorable and are arguably not in the spirit of the OFTs guidelines on debt managementicon.

    You could S.A.R - (Subject access requesticon) Moorcroft & request all data on all systems this should include recordings/transcripts of all telephone callsicon. If they supply these then you could use this as evidence should you wish to push it with TS.

    Other than that write don't call & put it down to experience.

    I'm not an expert so check everything I tell you, however click me scales if I've been useful.

    Light travels faster than sound. This is why some people appear bright until you hear them speak.

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  12. #12
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    Default Re: Moorcroft Debt recovery

    Quote Originally Posted by conar686 View Post
    I'd report their behaviour to your local Trading Standards (TS). The Tactics used are completely deplorable and are arguably not in the spirit of the OFTs guidelines on debt managementicon.

    You could S.A.R - (Subject access requesticon) Moorcroft & request all data on all systems this should include recordings/transcripts of all telephone callsicon. If they supply these then you could use this as evidence should you wish to push it with TS.

    Other than that write don't call & put it down to experience.
    I agree 100%. Report them to TS. In fact when you write DJ Daves letter to them DEMAND a copy of their complaints procedure. They are legally required to have one. If they do not supply you with the details of the procedure or fail to deal with your complaint then I would suggest you report them to the fosicon and it will cost them another 185 on top of the money they conned (allegedly) from your Mum. Theres more than one way to skin a rat


  13. #13
    Basic Account Holder develash Novitiate

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    Default Re: Moorcroft Debt recovery

    I have been trying to deal with this issue for over a week now, and have had no help to sort out the outcome.

    Basically I have a default on my credit report from O2. Fair enough I had an pay monthly phone and didnt pay the debt, so I hold my hands up and am willing to pay the debt back to O2 exclusively.

    I have also seen I have a CCJ issued by Northampton CCBC by MOORCROFT DEBT RECOVERY on behalf of O2.


    I am more than happy to pay the debt back to O2 directly but only on the following conditions:

    1. O2 REMOVE DEFAULT FROM CREDIT REPORTS
    2. O2 SATISFACTORY REMARK ON CREDIT REPORTS
    3. ACCEPT MY OFFER OF MONTHLY,REDUCED NO interesticon PAYMENTS
    4. TO GET IN TOUCH WITH MOORCROFT DEBT RECOVERY AND NORTHAMPTON CCBC TO GET THE CCJ REMOVED.


    Do you think I am likely to get this sorted?


  14. #14
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    Default Re: Moorcroft Debt recovery

    Please start your own thread on this.... 'coz your case is likely to get lost in someone else's old one.




  15. #15
    Basic Account Holder lightningd Novitiate

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    Default Re: Moorcroft Debt recovery

    I have just received a pre court division letter from moorcroft. This is their third letter to me but they have twice ignored my requests for agreements to be sent to me. They even said that they had contacted their client and told me to write to their client to get these agreements. Ha Ha. Up til now they have had money off me until I found out what rights I had. Payments have stopped reason for court letter. Sending nasty letter back telling them I will take my chance in court if they want to go down that route.

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  16. #16
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    Default Re: Moorcroft Debt recovery

    Also, DO NOT send any of these leeches any info like bank statements, I and E forms and the like. They are not entitled to any of that information. Only a court can legally ask for that info.
    jed


  17. #17
    Basic Account Holder lightningd Novitiate

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    Default Re: Moorcroft Debt recovery

    I have only sent them letters. Last one Ive told them to take me to court if they so wish. Made a few payments to them but stopped them until or if they send me documents I have asked for. In the beginning I agreed over phone to pay a certain amount after basically been threatened by them. Now Im a lot wiser. They tried to tell me because of missed payments Im in default but Ive put them straight as to who is in default. Watch this space Jed.


  18. #18
    Basic Account Holder jed52 Novitiate

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    Default Re: Moorcroft Debt recovery

    Good for you, stay in control.
    jed


  19. #19
    Basic Account Holder Snowingagain Novitiate

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    Default Re: Moorcroft Debt recovery

    Message for Loubyb - I tried to phone the DCAicon but after a couple of calls realised that it wouldn't get me any where. Thankfully I found this site. In my 'naive' days I offered to send a cheque to my creditor but was told it wouldn't get cashed in time because of the postal strike which had already ended lol. They will come up with all kinds of excuses so DO NOT SPEAK TO THEM. I used to leave them hanging on the phone and went back to watching Coronation Street. I used to be stressed like you but not any more. Keep coming to this site.


  20. #20
    Basic Account Holder oilyrag Informative oilyrag Informative oilyrag Informative oilyrag Informative

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    Default Re: Moorcroft Debt recovery

    As Lick the Wall has posted in another thread Moorcroft Pre Court Division is more akin to Moorcroft Pre School Nursery.#

    I can vouch for the fact that a curt letter containing our solicitors details plus all of the relevant regulation infringments, much on the lines of the CAGicon "doorstep letter" sent them running for cover after only two phone callsicon.

    They do not understand the law and do not expect you to either which is a very dangerous assumption on their part. If you stick your ground and DO NOT TALK TO THEM they will run. Either to court which can be dealt with here or return the account to the OC toute suite. Their ONLY weapon is to threaten you.

    Regards
    oilyrag.



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