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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Moorcroft Debt recovery


loubyb
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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 call 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!!!!! :evil: :evil: :evil:

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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.

  • Haha 1
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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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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 DCA !! 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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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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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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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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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 Management.

 

You could S.A.R - (Subject Access Request) Moorcroft & request all data on all systems this should include recordings/transcripts of all telephone calls. 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.

 

There is no freemasonry like the freemasonry of Golf

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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 Management.

 

You could S.A.R - (Subject Access Request) Moorcroft & request all data on all systems this should include recordings/transcripts of all telephone calls. 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 FOS 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:eek:

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  • 2 years later...

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 INTEREST 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?

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  • 4 months later...

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.

Edited by lightningd
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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

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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.

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Message for Loubyb - I tried to phone the DCA 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.

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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 CAG "doorstep letter" sent them running for cover after only two phone calls.

 

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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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 CAG "doorstep letter" sent them running for cover after only two phone calls.

 

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.:)

Hello Oilyrag. Thanks for your reply. Just received another letter from moorcroft downgraded from pre court division to doorstep rep. Just typed out reply to them enclosing a copy of my last letter telling them that i will take my chance in court. Also re-iterated that they have ignored my letters of requests for documents & threatened them with court action for harrasment & demanding money with menaces. Told them i will no longer tolerate their attitude.

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Good for you, stay in control.

jed

Hello jed told you to watch this space. Got letter which is now stating agent will call round rather than pre court division. They are running scared now. Threatened to sue them for harrassment & demanding money with menaces. Sent them copy of my last letter as they chose to ignore it first time round. Once again watch this space.

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Hi Lighning,

 

Well we're back and running with:

 

"Notice of Intended Litigation" all outlined in a big red box. The joke is that it is full of ifs, maybes, will tell tales to BC and their sols. AND it only gives three days to pay or else on an already terminated account. Sols advice--- just ignore and send us a copy but watch out for any claims forms.

 

regards

oilyrag.:)

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Hi Lighning,

 

Well we're back and running with:

 

"Notice of Intended Litigation" all outlined in a big red box. The joke is that it is full of ifs, maybes, will tell tales to BC and their sols. AND it only gives three days to pay or else on an already terminated account. Sols advice--- just ignore and send us a copy but watch out for any claims forms.

 

regards

oilyrag.:)

They are running scared and are quickly becoming a joke. Sticking together we will beat these jokers/chancers. As i stated earlier i have now threatened them with legal action and i await their reply. They must put up or shut up as far as im concerned.

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Hi Oilyrag. Told you to watch this space regarding moorcroft. Just had letter from their compliance dept saying they want a speedy solution. I pointed out just how flawed their letter was & that they have not once complied with my requests & they want me to send a letter to their client asking for the relevant documentation. I told them the responsibility lies with them. They also said that they have sent me a statement of accounts which is totally false. They assure me that they are acting as agents for a client but still offer no proof. Theyve come down from pre court division to doorstep caller to compliance dept. I think im winning Catch you later.

Edited by lightningd
correcting spelling
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