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.
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 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???
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 collection 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?)
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
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?
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
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.
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
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.
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
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.
Moorcroft are sending 'homke collections' to me, as I am disputing HBOS 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
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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 AccountWON
LloydsWON
YorkshireWON
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?