hi all

i am writting this on behalf of my wife,

she had a large debt with marks & spencer credit card just over £9000,

she defaulted on payments and the debt was sold on to Moorcroft who aranged a repayment plan with her of £5 per month,

all has been well for two years and now they want her to complete an expenditure form,

i emailed them back saying they have no legal right to demand this and will not submit the inforation requested.

the online payment facility keeps taking her to the expenditure form page and wont take the payment, their is no CCJ on the account,where does she go from here ?

thanks in advance

Ignore moorcroft. Theyre total bottom feeders. Also, are you sure they bought it? They normally just chase on behalf of a creditor.

If they bought it, i would seriously question you blindly paying them without checking the validity of the debt.

moorcroft- ignore

then dont pay online. Arrange a standing order for the fiver and do a CCA request tio see if they have the paperwork to enforce the debt. If thet dont you cancel the standing order. Refusal to accept the payment can invalidate the debt given enough time so take screen shots of the web pages to use against them and keep hard copies of all emails.

DONT use the phone.

Moorcroft don't buy debts - who told you they'd purchased it???

look on their letters

who is stated as their client please...

when was the card taken out too?

please don't forget the golden rule

that applies to all her debts

a DCA IS NOT A BAILIFF

and has

NO LEGAL POWERS WHATSOEVER

dx

they only try and collect on commission basis that is why we ignore them. the OC use them as a collcting agent only.

many thanks for the replies guys,

they must be collecting it on behalf of M&S,

the account was opened around 2007,

trouble is the default is within 12 months of dropping of her credit file so she obviously doesn't want a CCJ at this stage,

probably better to send the letter asking to see the loan agreement ?

but i would have thought M&S credit card services would have this on file anyway or am i missing something here?

the fact that the default is almost 6yrs doesn't mean anything.

a CCJ can still be attained after that and will still show.

who is their client please???

the original creditor would never do court

so stop being scared of that.

and if its it IS still owned by M+S

little point in a CCA request to them either

just ignore Moorcroft.

I would guess she stupidly started paying Moorcroft because at that time you'd not found CAG?

go pay M+S directly

cut out the DCA.

dx

hi all im having a bit of trouble if anyone can point me in the right direction

I have been paying Moorcroft Debt Recovery £5 per month for around 4 years on a 8k debt which was on a M&S credit card,

they are now insisting i complete a financial assessment form ,

i take it they are trying to up the payments,

i have never sent them a prove it letter and their is no CCJ on the account,

they say the agreement i have is informal and may not stop county court action,

what direction should i take,

,many thanks in advance

old and new threads merged 

now please re read and answer the outstanding questions?

like are moorcrofts client M+S?

why did you keep paying Moorcroft when you were advised before to doing stop that?

it was easier at the time to pay moorcroft as the payments were low and affordable,

the wife had had a nervous breakdown so i took over the repayment arrangements to take the pressure from her,

the debt was in effect sleeping while not making her ill,,

i hope you can understand

moorcroft are only debt collection agents who prey on victims to line their commissions they collect if ever anybody pay them> they are not debt purchasers.   and if ignored go away eventually

thanks old Cogger,

i'm thinking now to stop the payment to moorcroft and put the debt into dispute by sending them a prove it letter

however i think the chances are slim that M&S don't have the documentation,,

somewhere in the cog of collection either M&S want the payments increased or Moorcroft do,

probably Moorcroft i suspect

but passing the buck to M&S by saying if i don't comply 'its an informal agreement that can be concluded with a CCJ'

??

forget stupid prove it letters.

follow post 8

dx

may i ask why not?

or is it they just sell on for someone else to do the dirty work

its debt to M&S credit card services, other than that only Moorcroft have been involved in the collection

so still owned by the OC

they wont do court because of potential bad publicity.

so pay then directly via your banks interweb portal.

ignore and do not pay or anything at all Moorcroft.

i wont be sending anymore payments to Moorcroft and shall contact the OC to pay direct.

i'm quite happy to make the monthly payments but was concerned as the debt is around 9K they may go for a CCJ then a charge on property, even those i could live with but 'i dont know' do they add interest on a property charge if so then that's when it gets scary, is it still not worth doing the CCA letter?

the account was opened around 2007

as I've said there is little evidence of Original Creditors issuing any court proceedings.

there is NO evidence here that M+S do.

I didnt say contact the OC, just do it monthly by say BACS or automatically by setting up standing order via your banks interweb portal.

unless this was a store card upgraded to a credit card, there is little or no point in a CCA request to M+S the OC.

18 hours ago, marco23 said:

 

 

they are now insisting i complete a financial assessment form ,

 

Only  a court, HMRC or Council Tax Collections have the right to insist on a financial assessment form.   

1 hour ago, London1971 said:

 

Only  a court, HMRC or Council Tax Collections have the right to insist on a financial assessment form.   

yeh their not getting that London, their not even getting a response, DX has given some valuable points and i thank you all

ahhhh, i just checked the letter from Moorcroft and its headed Re: Arrow Global LTD (sorry i missed that) so at some point it must have left the hands of M&S, does this change things now??

Send Arrow a CCA request

5 hours ago, Andyorch said:

Send Arrow a CCA request

thank you,, i have no reference numbers or account number to include on the letter so should i use the moorcroft client ref number and moorcroft reference (two dif numbers) and make PO payable to Arrow Global ltd

Yes

19 hours ago, Andyorch said:

Yes

OK the CCA request has gone off in the post,

now if Arrow Global cant produce this then that chucks up an alternative route to the problem,

should they be able to enforce the debt 'with the CCA' then what route is best to keep it out of the County Court,

i can only see an increase in payments would do the trick,

my main objective is not to let it go to CC or worse even a charging order because this will make the wife ill again, 

so an increase in the monthly payment or an offer of full and final payment at say 50% of the debt