Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #1
    Basic Account Holder joan_of_arc Novitiate



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    Default Moorcroft agent came to my home RBS credit card debt

    Hi, I have a dispute which was with Royal Bank of Scotlandicon, over an alleged card debt of 250 pounds, which was passed to a DCA in September. It went first to Intrum Justitia and then shortly afterwards to Moorcroft. It's not clear from any correspondence whether they've sold it to Moorcroft or if they are just acting on behalf of RBSicon.

    Anyway, whilst it was still with RBS, I CCA'd them, in July. They eventually (surprise surprise) sent me a poor photocopy of an application form for a credit card, with no terms and conditions. The form is in my name. As it does not fulfil the requirements of my CCA Requesticon I ignored it.

    Soon afterwards, it went to the DCAs as stated. As my CCA Requesticon has not been satisfied, I ignored them too. I don't even think RBS should have passed it to the DCA when it was (as far as I was concerned) still in dispute.

    The last comunication from Moorcroft, a fortnight since, stated that they may instruct their Home Collections Division to come round and establish how I propose to settle with them. As this is a common scare tactic, I took no notice.

    Imagine my surprise when today, mid-afternoon, there was an insistent knock on the door. My partner opened it to find a man standing there, clutching a copy of Moorcroft's last letter to me. He showed an ID card which had his pic on it but was otherwise meaningless.

    He explained that he was a local debt collectoricon and that Moorcroft had asked him to visit and find out how I proposed to repay the debt. My partner stated that I wasn't in and that I was dealing with the matter in writing only, and that Moorcroft were meant to do likewise.

    The man was very friendly and stated that he had been given seven days to deal with the matter (otherwise it goes to court I presume?)

    He left a blank card with his first name and a phone number written on it in ball pen, and asked my partner to ask me to phone him on that number to arrange repayment. Then he left.

    What should I do? It was quite by chance my partner was in. Otherwise it would have just been me.

    Can Moorcroft simply despatch people to demand settlement? Isn't that harrassment? I'm quite upset by it and feel it's intimidatory, no matter how polite he was.

    Should I now write to Moorcroft and/or RBS and state that the matter is still in dispute, and that the photocopied application form does not fulfil the requirements of my CCA request?

    I needed this like a hole in my head, given what else is happening (see my other thread)

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  2. #2
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  3. #3
    Basic Account Holder fiftypence Informative fiftypence Informative



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    Default Re: Moorcroft agent came to my home

    He has EXACTLY the same powers as the Avon Lady/Jehovah's Witnesses, tell him to 'do one'.


  4. #4
    Basic Account Holder joan_of_arc Novitiate



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    Default Re: Moorcroft agent came to my home

    My partner was very good He didn't allow the man in and didn't tell him anything other than the 'in writing' bit. I won't ring him anyway.

    I think I will write to Moorcroft though, to make it plain I object to this tactic, and that I am still waiting for a copy of a properly executed credit agreement.

    Incidentally, once a debt has been assigned to a DCAicon, is it then necessary to send a CCA Requesticon to the DCA, if one has already been sent to the OC?


  5. #5
    Royalties Account Holder rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative



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    Default Re: Moorcroft agent came to my home

    Incidentally, once a debt has been assigned to a DCAicon, is it then necessary to send a CCA Requesticon to the DCA, if one has already been sent to the OC?
    No.


  6. #6
    Gold Account Holder Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69's Avatar



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    Default Re: Moorcroft agent came to my home

    No, it isn't. You only have to request a copy of the agreement once and it is against OFT guidelines, the CCA 1974, the Administration of Justice 1970 Section 40 and the Data Protection Act 1998 for any company to assign/sell a debt whilst it is in dispute. Report the original creditor to the OFT for breaches of these consumer crediticon laws. It is noted on their file for their next application for a consumer credit licence. I don't trade letters with DCAs. I just go straight to their complaints department and tell them if they don't cease pursuit of payment immediately as there is no credit agreement I will take legal action against them and as current holders of the disputed accounticon they will be liable for all costs, expenses and substantial compensation - use their own tactics against them. I also tell them if there is anything about my complaint they don't understand they should take legal advice - you won't see them for dust.


  7. #7
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    Default Re: Moorcroft agent came to my home

    You might also want to remind them that the Moorcroft Rep had no right to disclose to your partner that you had any debt, nor discuss it with him. That's a breach of data protection.


  8. #8
    Basic Account Holder Percival Wigglesbottom Novitiate



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    Default Re: Moorcroft agent came to my home

    Send an email
    ----
    <name>
    <address>
    <alleged account number >
    <date>

    ATTENTION : TO BE FORWARDED TO MOORCROFT COMPLAINTS AND COMPLIANCE MANAGER

    Dear Sir



    Harassment Warning & Notice of Formal Complaint

    In breach of :

    Public Order Act 1986 (c. 64) 4(a)
    Administration of Justice Act 1970 (c.31) s(40)
    Protection from Harassment Act 1997
    Office of Fair Trading debt collectionicon Guidelines 2006 2.8 (a,b,j), 2.12 (a, f, g)
    The Consumer Protection From Unfair Tradingicon Regulations 2008 section 7 (2)

    Following the unsolicited visit of your agent to my premises on [date] , I wish to make a formal complaint . Please forward me your complaints procedure to the above address within 21 days. Should this request be ignored I will have no alternative than to contact the Financial Ombudsmanicon directly .

    For your future reference :

    I am only prepared to communicate with you in writing. Should it be your intention to continue to send 'doorstep agents' to my premises, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.) and doorstep agents representing your company are not of those prescibed in the judgement.

    Take note therefore that I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone from a doorstop collection service company to visit me and should it be necessary, I will seek an injunction.

    Note also , each and every further breach you make of the Office of Fair Trading debt collection guidelines that you are obliged to abide by will not only be reported to them, but will also be followed up by another formal complaint to yourselves.


    Yours

    [print name]


  9. #9
    Gold Account Holder 2Grumpy Highly informative 2Grumpy Highly informative 2Grumpy Highly informative 2Grumpy Highly informative 2Grumpy Highly informative 2Grumpy Highly informative



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    Default Re: Moorcroft agent came to my home

    RBSicon will say that the account isn't in dispute because they have sent their response to your CCA Requesticon.

    They seem to think that the CCA not being enforceable makes no difference ... they have responded so the account isn't in dispute.


  10. #10
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    Default Re: Moorcroft agent came to my home

    Quote Originally Posted by 2Grumpy View Post
    RBSicon will say that the account isn't in dispute because they have sent their response to your CCA Requesticon.

    They seem to think that the CCA not being enforceable makes no difference ... they have responded so the account isn't in dispute.
    RBS will say anything to evade telling the truth and their true legal position regarding these matters, they need taking to task by the regulatory bodies, who regulated them and somebody needs to tell them the error of their ways. I have and they just ignore me well at least for the last year.

    They are not really so ignorant or uneducated regarding what they can and cannot do regarding the enforceability of unenforceable agreements, they just hope the poor customer will be ignorant of the laws placed by parliament for their protection. They then go on their automated onslaught to scare and threaten consumers to make them pay, when they have not legal merit to do so

    I say stand your ground and fight them every which way:grin:

    As regards Moorcroft, I would not be giving them anything whatsoever apart from a very stiff letter regarding their unlawful activity in pursueing you in the respect of an unenforceable agreement. Are they acting on RBS instructions,i f so tell them to refer the matter back to rbs for their input.

    If they have been assigned the alleged debt, serves them right

    Moorcroft will sulk away into the shadows.:grin:

    Good luck

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
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  11. #11
    Basic Account Holder joan_of_arc Novitiate



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    Default Re: Moorcroft agent came to my home

    Thank you everybody. I will type a letter (or email) tomorrow incorporating your advice, and let Moorcroft have it.

    At the moment though I'm more concerned with getting my Standard Disclosure ready for Lloyds TSB for submission to the court by Wednesday


    (given that I don't know yet what Standard Disclosure actually requires)


  12. #12
    Basic Account Holder spaspeckerthedull Novitiate



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    Default Re: Moorcroft agent came to my home

    Quote Originally Posted by Pinky69 View Post
    No, it isn't. You only have to request a copy of the agreement once and it is against OFT guidelines, the CCA 1974, the Administration of Justice 1970 Section 40 and the Data Protection Act 1998 for any company to assign/sell a debt whilst it is in dispute. Report the original creditor to the OFT for breaches of these consumer crediticon laws. It is noted on their file for their next application for a consumer credit licence. I don't trade letters with DCAs. I just go straight to their complaints department and tell them if they don't cease pursuit of payment immediately as there is no credit agreement I will take legal action against them and as current holders of the disputed accounticon they will be liable for all costs, expenses and substantial compensation - use their own tactics against them. I also tell them if there is anything about my complaint they don't understand they should take legal advice - you won't see them for dust.
    very interested in this stance/response regarding a debt passed to a DCAicon while in dispute - do you have a good letter that includes all the above?


  13. #13
    Gold Account Holder Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69 Authoritative Pinky69's Avatar



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    Default Re: Moorcroft agent came to my home

    I just adjust any letter to suit the particular account and circumstances of the complaint. The legislation you may need is all there. I address it to

    The Manager
    The Complaints Deprtment
    Company

    Dear Sir/Madam

    Your Ref:

    Complaint against (company) for breaches of (laws)

    Then outline what has transpired between you and the company, what laws they have breached and what you will do if they don't cease.

    As usual, print, don't sign your name at the end. Send by recorded delivery so you have prooof they received it.


  14. #14
    Basic Account Holder toymaker1 Novitiate



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    Default Re: Moorcroft agent came to my home

    Quote Originally Posted by Pinky69 View Post
    it is against the CCA 1974 for any company to assign/sell a debt whilst it is in dispute.
    That's really useful info. I didn't realise it was against CCA 1974. To save me ploughing through each section, could you post here which specific section of CCA is the relevant part where it says it is illegal to assign a disputed debt? That is a really powerful weapon against unscrupulous creditors

    Regards



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