Thread: Sev Vs Moorcroft c/o Cahoot

Hello All,

I have a cahoot flexiloan which two years ago when I came up against financial difficulties could no longer afford to repay.

The staff at cahoot told me to borrow against the loan in order to maintain repayments - stupidly I did, but unfortunately my fortunes did not improve.

I have been paying cahoot a sum of £10 a month as a token payment in order to show goodwill. None of these have ever been returned.

Last week I recieved a letter from Moorcroft Debt Recovery - who had already persistently telephoned my parents home in a bid to talk to me.

The letter was from the 'Pre-court Division' citing that they were ready to take legal action against me.

I sent them the following letter:

Thank you for your correspondence dated 26th March 2008, received the morning of the 1st April 2008, concerning the above account.

I was rather taken aback however at the intent of your first correspondence, which I found both intimidating and threatening. I have been informed that you are paid a bonus if I make a payment under duress and constant harassment.

As I am sure you are aware Harassment of debtors is a criminal offence in England and Wales under section 40 of the Administration of Justice Act 1970.

In light of this I prefer to deal with you only in writing. Please do not contact me by telephone. I am reliably informed by Trading Standards that telephone calls after this request may constitute a breach of the Wireless Telegraphy Act 1949 and a criminal offence under Section 127 of the Communications Act

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997

Your amateur approach and behaviour has caused untold alarm and distress, and that should you feel the need to harass my family again will have no option than to seek an injunction against yourselves and Cahoot under section 1 of the Harassment Act 1998, acting on advice from the Crown Prosecution Service.

Therefore I require you to supply the following documentation before I will correspond further on this matter. Until these documents are in my possession I do not acknowledge ANY debt to your company.

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 a £1 Cheque in payment of the statutory fee, Serial Number xxxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that qualifies you to pursue this debt.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

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.

4. You remove the following telephone number from your records: xxxxx xxxxxxx. Cahoot have my current contact details in the form of my mobile telephone number.

The statement of account will also show the regular token payments I have made to this account since the beginning of my financial hardships.

Once supplied with the said information, I will be more than happy to enter into a payment agreement and acknowledge you ownership of the debt.

Thank you for your cooperation in this matter.

The cheque to date has not been cashed.

I have as yet recieved no communication back from them until this morning - the letter is dated 08/04/08 and once again is from the 'Pre-court Division'

It states:

NOTICE OF INTENDED LITIGATION

To prevent the above action send payment in full before 15/04/08 or telephone 0161 475 2816 immediately.

If you do not respond to this letter we will assume you are purposely avoiding repayment of this debt and will take the necessary steps to secure settlement which may include issuing legal action against you. Please note if legal action is necessary your debt will increase as follows:

Current Balance £9383
Solicotors costs for issue of claim form: £100
Court Fees for issue of claim form: £240
Solicitors Costs for entering Judgement (by default): £35
Total Debt of Judgement Obtained: £9758

Contact us now

A.J. Martin
Debt Recovery Manager

I dont know what to do next. Do I complain to the FSA or OFT, or do I resubmit the letter I sent with another cheque?

I'm sure I'm not seeing the wood for the trees. I'd appreciate all help and advice.

Thanks

Sev

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42Man, Adamski, thanks for your support.

I'll definitely use the template letter and fire that off. I didn't send the original recorded delivery as it was to a PO Box Number, and I was under the assumption that someone has to sign for these.

I had this from cahoot a year ago, they came via Equidebt, who verbally abused my parents and threatened to take their home away if they didn't pay off my debt. As you can understand, the relationship has never been the same again.

Is it worth sending copies of the corrspondence to any third parties? FSA.OFT etc?

Thanks guys, and i'll take your advice and report back.

Hello all,

Yesterday I received a reply from Moorcroft. It reads as follows:

Dear Sev

Moorcroft ref: Supplied
Client Ref: Supplied

I refer to your recent correspondence. We are continuing to seek to obtain a copy of the consumer credit agreement that you have requested.

Our systems provide for reviews to be sent to our client on a regular basis and this we are continuing to do. I will contact you again just as soon as the agreement has been made availiable to ourselves and confirm that at this stage the account has been placed on hold and that we will not seek to enforce the debt until such time as the agreement is obtained.

In the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statuatory authorities in relation to the alleged matter of the account.

Please could you provide this information by return. We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

I thank you for your assistance and patience in this regard.

Yours Sincerely

Mrs Name supplied

Operational Support Supervisor

So for mow they're holding fire.

Also, I have my copy of the SCA, and it mentions nothing about handing the account to third parties or agents for collection.

Now, why would they be so keen to see what informations i'd be relying on, and what if anything should I reply?

Also, looking through my notes, I think that all time frames have expired - and Cahoot have never sent any deed of assignation or communications saying that these had been appointed to collect on their behalf.

In fact, I have kept making my token payment - which has never been rejected or returned.

Thanks to all of you for your help this far.

I received exactly the same letter.

don't you love the implied threat that they are about to take you to court?!?!

send them nothing and tell them less, if they take you to court without a CCA, then they already know what your defence will be formed on.

I sent off my letters to Moorcroft in October 07, received the above reply within a week or two, stopped payments in December07 and to date have heard nothing back.

Spamheed is right these are their standard reply letters - Tell em nowt, Moorcrap will now wait a while then pass it to some other DCA pondlife, so the circle begins again

I thought as much! We'll wait for round 3!

I'm currently looking at telephone recording equipment on maplins' online catalogue... very reasonable...

... thanks for all your help guys!

there was a good one on ebay today for under £20

try searching under 2 way telephone recorder

Originally Posted by Sev

Contact us now

A.J. Martin
Debt Recovery Manager

So, your initial letter is signed by A.J Matin (cracker he's always on them ) being a MANAGER.

Yet your next letter is issued by SUPERVISOR

Originally Posted by Sev

Mrs Name supplied

Operational Support Supervisor

What happened to A.J Martin

Moorcrap = Muppets more like!!

Well, it seemed like these poeple had been silent for too long!

Today I received the following letter:

Dear Mr Sev

Re: Cahoot Flexi Loan

On Reviewing your account I notice that you have been making payments to our collector when he visits you.

It occured to me that to avoid the inconvenience of someone calling at your home you may well prefer to make payments direct to this office. I have therefore attached a National Giro payment slip to this letter which can be used to make a payment at any post office. On receipt of this payment we will forward further giro slips to you.

To avoid further action on your account it is essential that you remit to us a minimum payment of £50 per month the first payment being due on 10/08/08.

Yours sincerely,

A.J.Martin
Debt Recovery Manager

(Attached is a giro slip for the said amount)



Now I've been making payments to cahoot for the sum of £10 pm which have never been returned, and I've had no communication from them in regards to it.

The question is, do I just send this bunch another copy of the letter I sent in april, which of course they still haven't supplied, or do I look to take action, and if so what route should I pursue?

Typical tactics from moorcrap, they cannot supply an agreement account is still in dispute. Send them letter stating the account is still in dispute and asking for payment is not allowed

also while you on ask for a copy of their complaints procedure, they won't have one but its more ammunition for you

Hello everyone, sorry it's been a while, but the cherubs at Moorcroft have been quiet till now!

Yesterday I received this little gem, from their "Home Collections Division" no less...

Originally Posted by Helios

Dear Mr Sev

Re: Cahoot Flexi Loan

Balance: £XXXX

I am disapointed to note that despite out letters and attempted personal calls by our local representative no satisfactory agreement has been reached regarding the balance outstanding of £XXXX on the above account.

In one last effort to come to an arrangement to prevent more serious action being taken we will be prepared to accept prepayment by instalments of £50 per month.A post office paying in slip is attached to enable you to make your first payment. On receipt of this payment we will forward further slips to you.

Unless a payment is received by 10.00am on 09/11/08 we may recommend court proceedings to be commenced against you without firther notice.

Such action could incur you in further costs and may also affect your future credit rating.
It is therefore in your best interest to give this matter your immediate attention.

Alternatively you can pay using a debit or credit card by telephoning the number above.

Yours Sincerely,

A.J.Martin
Debt Recovery Manager

As of yet, they still haven't been able to supply the signed credit agreement or the deed of assignation by Cahoot.

Also, I have never had any payments to cahoot turned back, or a correspondence from them in order tell me that they had officially assigned Moorcroft to recover on their behalf.

So my question is, do I fire off yet another letter to them asking for the above, as I've done in previous posts, or alternatively do I start on Cahoot themselves for not following their own charter and procedures.

And for all the chocolate teapot good it will do file a complaint with the FSA and OFT?

Your thoughts would be most appreciated.

Thanks 42man, i'll certainly send this, together with a request for their formal complaints proceedure.

The next step in the saga:

Yesterday I received this letter from Moorcroft:

Dear Mr Sev

Re: Moorcroft ref: XXXXXXX
Client ref: XXXXXX

Please find enclosed a copy of the relevant agreement under the Consumer Credit Act in relation to the above account.

I can confirm that I have placed tour clients account on hold until the 26th November 2008 and request they make immediate contact with our call centre on the above telephone number to discuss a repayment proposal thay can afford and maintain.

Yours Sincerely

Mrs K Murray
Operational Support Supervisor

Now I've read the credit agreement which I signed, and there is nowhere upon it which talks of the selling or handing of the debt to a third party agency.

Also, I have been making a payment of £10 to cahoot since my troubles began. This payment has never been turned back.

I have never had a deed of assignment from cahoot telling me that the debt has been sold on, or asking me only to deal with a particular DCA.

MY overdraft with Abbey national returns any paymants made to it, and my credit card with CITI, I received a deed of assignment informing me that officially they had sold it to Cabot.

So my question is, really I'm a bit stumped as where I goto from here.

I don't have a problem with entering negotiations, but what i do have a problem with is that if Cahoot are willing to accept my paymant, I don't see why I should even entertain these people or others like them.

Lets face it, they haven't endeared themselves to me with threat, letters and intimidation of two elderly relatives, and I certainly have no intention of 'calling' them - i'll only communicate by letter at this point.

Should I dig my heels in and ask for the deed of assignation, or further informations?

Oh... and as yet, no complaints procedure

also, whilst I remember, I was told when all this set off, that I could use the money in the flexible load in order to make the payments - cahoot should if their automated system was correct, have recorded this, and of course, still have that recording - could I request this through the SAR in order for it to form a defence?