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.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 16 of 16

Thread: Need answers

  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzydeedee Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    Nr Manchester
    Posts
    51

    Default Need answers

    If any of you have read my previous thread, then you will know my situation. If not, here's a brief outline. I took a loan out with Provident Personal Credit in 2004 but then I moved. Last year a collections agent from Moorcroft knocked on my door and forced me into making a payment arrangement insisting that if I didn't then bailifs would be sent round. I said they could go to court for it, and he said it wasn't neceassary to do that, they could instruct the bailifs without a court order.

    Last week I ask for a coppy of my CCA but he laughed and said 'i had been looking on the internet too much' and I said, actually it was the CAB (which it wasn't, but i wasn't going to tell him that), and he said 'listen love, don't waste your time, we don't listen to the cab, its your debt, you know it is, and you're gonna pay it back like it or not. If i have to send a bailif round its £200 for him to knock on your door which will be added to the debt'

    I am by no means disputing the fact that I owed money to Provident, but I am sure that the amount they are trying to get off me is way more than it should have been despite this very intimidating guy informing me 'moorcroft are not wescot, we don't add any charges on the debt'.

    Do I still have a right to ask for my CCA? If so, if they don't provide it within the time limit, is the debt therefore unenforcable despite me paying to it already? And, does it matter that its a collection agenticon from Moorcroft collecting the money, because this fella really scares the hell out of me? Do I send the CCA request to Moorcroft itself, because if I gave it this collection agent i'm sure he'll laugh at me because he said I can't do it now.

    I have 2 children and as I say, this man scares me, very intimidating, and not only that, he knows how uncomfortable I am with people knowing my business, but he seems to go out of his way to make sure the whole street are aware of what has happened, despite me telling him not to discuss it outside. I feel humiliated, and more to the point, annoyed. I hate this man coming to my house, and if I have to pay it back, i'd rather pay with my bank card. What can I do???

    Similar Threads:

  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    maxibon Informative maxibon Informative maxibon Informative maxibon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Manchester
    Posts
    104

    Talking Re: Need answers

    Quote Originally Posted by dizzydeedee View Post
    Last week I ask for a coppy of my CCA but he laughed and said 'i had been looking on the internet too much' and I said, actually it was the CAB (which it wasn't, but i wasn't going to tell him that), and he said 'listen love, don't waste your time, we don't listen to the cab, its your debt, you know it is, and you're gonna pay it back like it or not. If i have to send a bailif round its £200 for him to knock on your door which will be added to the debt':o

    I am by no means disputing the fact that I owed money to Provident, but I am sure that the amount they are trying to get off me is way more than it should have been despite this very intimidating guy informing me 'moorcroft are not wescot, we don't add any charges on the debt'.

    Do I still have a right to ask for my CCA? If so, if they don't provide it within the time limit, is the debt therefore unenforcable despite me paying to it already? And, does it matter that its a collection agent from Moorcroft collecting the money, because this fella really scares the hell out of me? Do I send the CCA request to Moorcroft itself, because if I gave it this collection agent i'm sure he'll laugh at me because he said I can't do it now.

    I have 2 children and as I say, this man scares me, very intimidating, and not only that, he knows how uncomfortable I am with people knowing my business, but he seems to go out of his way to make sure the whole street are aware of what has happened, despite me telling him not to discuss it outside. I feel humiliated, and more to the point, annoyed. I hate this man coming to my house, and if I have to pay it back, i'd rather pay with my bank card. What can I do???

    Firstly dont worry or panic! Doorstep collections have the same powers as you or me. Especially via Moorcroft, they have just learnt over time what to say to ensure people pay up.

    I would firstly write to moorcroft explaining about the doorstep collectionicon man and his 'nature' and offer however much you want to pay and send in a financial statement to support this. Confirm in the letter you will not make payment via Doorstep collection and they CAN recall it and should do so too.

    With regards to getting a Credit agreement there should be no reason why you cant and I would include this in your letter too. If they did not provide this then yes the debt would be uneforceable despite you paying it as it seems you felt you had no choice but to pay it. If the collector does call round again confirm you are in dispute with the account and he does not have the right to be on your property! Send him packing and not to bother coming back. ( Has he given you a receipt each time for payment as well?)

    There are some handy letter and templates here. http://www.consumeractiongroup.co.uk...templates.html

    Good luck and ask again if anything else you need help with....

    Maxibon


    Gonna take them for all I can and enjoy every second!


    RBS Account 1- S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Account 2 - S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Ac1- recvd S.A.R - (Subject Access Request) 28/12/2006
    Statements recvd Account 1 on 05/01/07
    LBA issued for Account 1 on 06/01/07
    7 days grace being given till 09/02/07
    Still no Response to S.A.R - (Subject Access Request) on Acc 2
    Breach on acc 2 DPA request
    N1 filed acc 2 28/02/07
    Acknowledged 16/03/07
    Defense submitted 30/03/07


    If you need any advice re Moorcroft just ask!!

    If I have been of any help and you think I deserve it!
    Please click my scales to the left and if you wish leave a comment

  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzydeedee Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    Nr Manchester
    Posts
    51

    Default Re: Need answers

    When I send the CCA, I have to send £1 too is that right? How do i do this? Is it by postal order or cash??


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    maxibon Informative maxibon Informative maxibon Informative maxibon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Manchester
    Posts
    104

    Default Re: Need answers

    yes thats correct, I would do it by postal order as you can now apparently track when its been cashed. Use the letter below.
    1 High Street,
    Newtown,
    Kent
    R21 4RH

    June 28, 2006


    The Loan Company
    Company House,
    Church Street,
    Newtown,
    Kent,
    R1 7HG

    Dear Sir/Madam

    Re:− Account/Reference Number 4563210025897412

    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

    We understand a copy of our credit agreement should be supplied within 12 working days.

    We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

    We look forward to hearing from you.

    Yours faithfully
    Mr A N Other
    This should get thinkgs moving and I would send to whoever currently is looking ater the debt i.e moorcroft based at Spring Gardens Stockport Address.

    Good luck If I have been helpful click my scales to the left!!

    Maxibon


    Gonna take them for all I can and enjoy every second!


    RBS Account 1- S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Account 2 - S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Ac1- recvd S.A.R - (Subject Access Request) 28/12/2006
    Statements recvd Account 1 on 05/01/07
    LBA issued for Account 1 on 06/01/07
    7 days grace being given till 09/02/07
    Still no Response to S.A.R - (Subject Access Request) on Acc 2
    Breach on acc 2 DPA request
    N1 filed acc 2 28/02/07
    Acknowledged 16/03/07
    Defense submitted 30/03/07


    If you need any advice re Moorcroft just ask!!

    If I have been of any help and you think I deserve it!
    Please click my scales to the left and if you wish leave a comment

  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzydeedee Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    Nr Manchester
    Posts
    51

    Default Re: Need answers

    thanks very much. I'm glad I found this site because I am learning so much more. When he first came banging on my door, i didn't have a choice but to arrangement payment, or at least thats what he told me then. I didnt know he had to go to court to get a bailifs order because he said that 'he is different from all that' they can do it without this action. Do I have a right to call the police if he refuses to leave my property without a payment?


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    maxibon Informative maxibon Informative maxibon Informative maxibon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Manchester
    Posts
    104

    Default Re: Need answers

    Yep phone them....He is talking out of he rear!! Hes only different cos he a lying swine. Tell him you are not making further payments via him and you are writing to moorcroft directly...When you do send your letter mark it for the attention of 'home collections'. Make sure you clearly state his manners and how he scares you and that you intend to pay so much but only via Moorcroft directly. Remember to enclose a financial statement to support any offer.

    Even if you offer £1pm as long as your financial statements shows this is what you have left per month ( wink wink ) they will accept it or send it back to your original debtor. Anything over £3 per month moorcroft will keep the debt with them and you can carry on paying them.

    Maxibon


    Gonna take them for all I can and enjoy every second!


    RBS Account 1- S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Account 2 - S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Ac1- recvd S.A.R - (Subject Access Request) 28/12/2006
    Statements recvd Account 1 on 05/01/07
    LBA issued for Account 1 on 06/01/07
    7 days grace being given till 09/02/07
    Still no Response to S.A.R - (Subject Access Request) on Acc 2
    Breach on acc 2 DPA request
    N1 filed acc 2 28/02/07
    Acknowledged 16/03/07
    Defense submitted 30/03/07


    If you need any advice re Moorcroft just ask!!

    If I have been of any help and you think I deserve it!
    Please click my scales to the left and if you wish leave a comment

  7. #7
    Site Team Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    Sussex
    Posts
    3,028

    Default Re: Need answers

    Blimey - this sounds like the man who came on behalf of Moorcroft to my house! Very rude, condescending and discusses other 'clients' business and ours with a neighbour.

    You can't be forced to deal with this person - As Maxibon says, write and tell them that you are not prepared to do so and why.


  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    maxibon Informative maxibon Informative maxibon Informative maxibon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Manchester
    Posts
    104

    Default Re: Need answers

    They are breaching Data Protection as well when telling other people about your business. If you are sure this has happened tell Moorcroft Home collections as they did take this quite seriously...

    Maxibon


    Gonna take them for all I can and enjoy every second!


    RBS Account 1- S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Account 2 - S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Ac1- recvd S.A.R - (Subject Access Request) 28/12/2006
    Statements recvd Account 1 on 05/01/07
    LBA issued for Account 1 on 06/01/07
    7 days grace being given till 09/02/07
    Still no Response to S.A.R - (Subject Access Request) on Acc 2
    Breach on acc 2 DPA request
    N1 filed acc 2 28/02/07
    Acknowledged 16/03/07
    Defense submitted 30/03/07


    If you need any advice re Moorcroft just ask!!

    If I have been of any help and you think I deserve it!
    Please click my scales to the left and if you wish leave a comment

  9. #9
    Battleaxe
    Guest

    Default Re: Need answers

    Never, ever phone them, do it all in writing. Make sure your postal order is crossed it will cost you £1.45 from the post office. the 45 pence is for the commission. You get a receipt so you will have the number of the postal order, make sure you attach this to your copy of the letter you send (the one you keep for your records) and make sure you include the message posted on your other thread regarding the Tort of Trespass, so Moorcroft and Doorstep Collections realise you mean business. if that Doorstop collector calls again hand him the Tort Trespass warning and then inform him you are calling the police if he ever sets foot on your property again.


  10. #10
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    I am in
    a house no longer in Debt Row...;-)
    Posts
    7,547

    Default Re: Need answers

    Please also send all correspondence by Recorded Delivery.... 'coz then you know if it has been received or not.

    PLEASE NOTE: I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND FROM FEBRUARY 2012, WILL RESPOND TO POSTS ON SUBSCRIBED THREADS ONLY.

    Fighting back with CPUTR 2008:
    http://www.consumeractiongroup.co.uk...ith-CPUTR-2008....
    CPUTR 2008 template letter:
    http://www.consumeractiongroup.co.uk...98#post3531398
    Challenging Reconstituted Agreements:
    http://www.consumeractiongroup.co.uk...ted-Agreements...

  11. #11
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    maxibon Informative maxibon Informative maxibon Informative maxibon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Manchester
    Posts
    104

    Default Re: Need answers

    NB Battleaxe, I meant 'call the police ' when I stated
    Yep phone them
    if he doesnt leave.

    It does sicken me the way Moorcroft deal with people. They are very 'Cowboy' anyway and I heard so many breaches in my time there, it was terrible.

    Maxibon


    Gonna take them for all I can and enjoy every second!


    RBS Account 1- S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Account 2 - S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Ac1- recvd S.A.R - (Subject Access Request) 28/12/2006
    Statements recvd Account 1 on 05/01/07
    LBA issued for Account 1 on 06/01/07
    7 days grace being given till 09/02/07
    Still no Response to S.A.R - (Subject Access Request) on Acc 2
    Breach on acc 2 DPA request
    N1 filed acc 2 28/02/07
    Acknowledged 16/03/07
    Defense submitted 30/03/07


    If you need any advice re Moorcroft just ask!!

    If I have been of any help and you think I deserve it!
    Please click my scales to the left and if you wish leave a comment

  12. #12
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    tamadus Highly informative tamadus Highly informative tamadus Highly informative tamadus Highly informative tamadus Highly informative tamadus Highly informative tamadus's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Shropshire
    Posts
    1,826

    Default Re: Need answers

    I was going to post advice here but it looks like I have been beaten to it

    I will stress though what has been said.

    This man is using intimidating tactics which is not allowed, he is making threats which have no basis. He cannot do anything regarding entering your house or seizing goods without a court order.

    I suggest next time he arrives tell him in no uncertain temrs what has been suggested so far, call the police by all means and tell them you need help quickly as this man is making threats against your property and person. If you can take a photo of him for later evidence. Tell him to leave your property immediately.

    send the CCA request to moorcroft, they HAVE to comply or the alleged debt becomes unenforceable in law. 12 days from receipt of the request they should stop all enforcement activity until such time as they send the document.

    If you lived close enough to me I would say phone me next time he shows his face and I'll run over there, I love these bullies especially when they are put where they belong

    Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.c o.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus
    Capital One:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadu s
    MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus
    Smile:Settled 15/11/06
    Egg Card:S.A.R - (Subject Access Request) sent 2/10/06
    GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06
    Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching
    Barclaycard:In criminal default watch this space
    Lloyds TSB:In criminal default watch this space

    If my comments have been useful please click the scales and let me know.

  13. #13
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne Authoritative PriorityOne's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    I am in
    a house no longer in Debt Row...;-)
    Posts
    7,547

    Default Re: Need answers

    dizzeedeedee, Moorcroft are one of the DCAs I am currently taking on. I sent them a CCA request last week and believe me, my Standing Order payment to them left my account kicking and screaming with protest !

    I am pretty sure that they cannot produce anything. I have grown much stronger as time has gone on and you will too. Sometimes, these bullies play on the fact that it is sometimes easier to intimidate women.

    PLEASE NOTE: I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND FROM FEBRUARY 2012, WILL RESPOND TO POSTS ON SUBSCRIBED THREADS ONLY.

    Fighting back with CPUTR 2008:
    http://www.consumeractiongroup.co.uk...ith-CPUTR-2008....
    CPUTR 2008 template letter:
    http://www.consumeractiongroup.co.uk...98#post3531398
    Challenging Reconstituted Agreements:
    http://www.consumeractiongroup.co.uk...ted-Agreements...

  14. #14
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    ab123uk Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    Posts
    236

    Default Re: Need answers

    Moorcroft are sending 'homke collections' to me, as I am disputing HBOSicon Debt, I really aren't worried, i can p*** about as much as the collectors, and being a PC, I dont think they'll argue as much. If however they do, we'll have fun!!!

    AB123uk

    IF MY COMMENTS ARE USEFUL, PLEASE CLICK MY SCALES!

    Halifax Staff Current Account WON
    Lloyds WON
    Yorkshire WON
    Halifax Staff Visa WON


    If CAG Helped you..... Why not help CAG!
    Click Donate at the top of the forum!
    Oyster- I fought the Lloyds will have it's mark in history- have you downloaded your Official Charges Track?

  15. #15
    Battleaxe
    Guest

    Default Re: Need answers

    Mr/Mrs PC, you aren't going to give them a hard time are you?


  16. #16
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    ab123uk Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    Posts
    236

    Default Re: Need answers

    no, just shock them into reality, get there heads out of their ars** then they'll be able to see his way on the road, and god forbid if ive been on nights and it wakes me up!!!!!!

    AB123uk

    IF MY COMMENTS ARE USEFUL, PLEASE CLICK MY SCALES!

    Halifax Staff Current Account WON
    Lloyds WON
    Yorkshire WON
    Halifax Staff Visa WON


    If CAG Helped you..... Why not help CAG!
    Click Donate at the top of the forum!
    Oyster- I fought the Lloyds will have it's mark in history- have you downloaded your Official Charges Track?


Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE