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little miss complaint

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  1. I would be tempted to write to them advising them of your intention, and continue with your complaint through the authorities tbh. Chances are, you wont get any sense out of Moorcroft anyway so continue with your dispute and at least if they ignore your dispute, you have more ammo I would recommend sending all your corre to them by recorded delivery so they can't say they didn't receive it, I know it's costly but it's worth it.
  2. sorry pgh, scanner has broken so waiting for hubby to sort it. if not done by weekend will take to mother-in-laws and do it there. you want me to put up the one in which they admit they may have 'training issues' as well?
  3. I am aware of that and it is a radiculous notion, as is stating no signed agreement means unenforceable debt! but requesting a CCA from a company you made a verbal agreement with is a waste of time. Why does everyone instantly advise to do a CCA request or SAR no matter what the query is? The best option for him is to check if he received the documents as outlined in the Distance Selling Regulations and tell Moorcroft to send him a statement.
  4. To say that no signed agreement means it isn't enforceable, is like saying utility companies can't pursue you either, as you don't have any signed agreement with them, it's only verbal, yet we all still pay them without any signed agreement! Sending a SAR costs you, requesting a statement of account from Moorcroft is free. The way round this is to check to see if you received confirmation of the agreement you made over the phone with them, as I have checked and under Distance Selling Regulations (which covers agreements made over the phone) you should have been provided with 'pre-contract' information in writing. If they haven't provided you with that it might be worth checking if the agreement is enforceable or not, if you never received confirmation of you 'contract'. Hope this helps.
  5. Hi I'm glad to hear you're fighting back. Firstly a CCA request is useless as you have not signed anything, you agreed to the t&c's verbally over the phone (which according to several law websites I have looked, is as legally binding as a written contract). The amount owing may have increased as you have not made the agreed payments to Studio, so they will of course, have been adding a late/non payment charge every month, plus interest on your original balance, so depending how long it has been since you last made a payment, then the balance could be correct. Your best bet is to tell Moorcroft you need a statement of your account issuing, so you can see how the balance has accrued. I would disagree with everyone who states not to speak to them on the phone. They have just credited one of my accounts due to their inept staff giving me endless amounts of false/misleading info on the phone, which would not have happened if I had done everything in writing. So for me it worked out great cos I've ended up having a balance I owe credited, cos I spoke to their staff and they lied to me Hope this helps.
  6. hi Count orlok is right, your neighbour is definately breaking the law, there is a return address on the envelope, so he has no reason at all to open the letter, especially as it does not have his name on the front. Quote: " (3) A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him." your neighbour has no 'reasonable' excuse for opening your mail, it clearly has your name on it, and a return address on the reverse. A lot of people have the opinion that because the mail has come to their address they can open it, they are incorrect and breaking the law by opening it! And your neighbours house has nothing to do with him obtaining credit, a credit file affects the individual, not the property, so he must have debt himself to be refused credit! I would put your complaint in writing to Moorcroft, OFT, Trading Standards, FSA and CSA, as in my experience, Moorcroft staff are incapable of recording accurate or correct information. Hope this helps.
  7. Moorcroft can set arrangements, on their clients behalf, as their instruction is to collect the balance, so it would be pointless if they couldn't set an arrangement. But the contract/agreement remains with the OC and all rights to that agreement/contract also remain with the OC. Although Moorcroft have been given authorisation by their client (Halifax in this instance) to collect the outstanding balance and take whatever recovery action is needed, Halifax still 'own' the account and have the final say on any action to be taken. The only DN that Moorcroft could and would send, is if you miss a payment that you had agreed to make to them. Moorcroft are NOT a creditor and cannot affect your credit file, so the OC has to issue the DN as that is registered on your credit file, and creditcardmug is correct, the DN or TN is issued prior to recovery action being taken, as your account has to have defaulted before they can pass it to a DCA.
  8. They haven't assigned anything to Moorcroft, they have simply requested that they collect the outstanding balance on Halifax's behalf, so for Halifax to advise Livis the account has been 'assigned', would not be correct. The original agreement remains with the creditor (Halifax) and all legal obligations are still with Halifax, and has not been 'assigned' to Moorcroft. Read the t&c's of most bank accounts and it will advise you that your account may be passed to a third party to deal, and that is all they are obliged to do. The default notice clearly states on it that further action may be taken including being passed to a DCA.
  9. Hi Livis Neither Halifax nor Moorcroft have any obligation to issue a Notice Of Assignment as it will state in the contract you signed, that Halifax may pass your account to a third party to deal, and if they haven't sold your account then the chances of you having any legal rights to one are next to none tbh. I have done extensive research into this and have taken legal advice myself about accounts not having NOA, and I was advised the above. See s136 Law Of Property Act 1925 for further info. With regard to your CCA request, if Halifax are being deliberately misleading or you feel the CCA is invalid, I would contact OFT, they are incredibly helpful and will be able to tell you where you stand with it.
  10. Thank you all for your advice, I shall follow my complaint through I will scan the letter tomorrow deathbycrayons and post it up so you can all read their sweet defeat I will contact them and T-Mobile tomorrow jobmid to ensure Moorcroft have cleared the balance and let you know. Thanks again
  11. Just a quick note to say that my complaining has paid off with Moorcroft, they have credited my account so I have a nil balance and they are no longer pursuing me and have again admitted that there may be some areas staff need further training in I was planning on still pursuing my complaint through CSA, OFT and FOS, does anyone think I should continue or just leave it? Any advice greatly appreciated.
  12. Unfortunately I'm unsure as to whether the charges are enforceable so you are best off waiting for someone to reply who is in the know. But when it comes to complaining, I can help with that You should start by putting your complaint in writing to Phillips (by recorded delivery) and send a copy to ACEA, OFT, Trading Standards, BBC Watchdog and the Magistrates Court who issued the fine, and ensure you put at the bottom of your letter to Phillips that you have sent a copy to the above people. It may also be worth sending a copy to your local MP, as advised by pink_eeyore. Then wait for Phillip's response, if you are not satisfied continue with your complaint through the above authorities Chances are Phillip's will try mugging you off and you will have to go through OFT, ACEA and Trading Standards, but its certainly worth it. Keep us updated.
  13. Hi Leeroy I can't really offer much advice as I've only had a brief dealing with them, but I know they are regulated by ACEA so it may be worth reporting them to ACEA and OFT and Trading Standards. If they are calling you ring them up and tell them you want to change your number and give them a fake one, I gave them a fake number as I know that legally we have no obligation to provide them with one, but they refuse to deal with you if they don't have a number and ALWAYS withold your number when you call them. Their number is: 01325 383876, and it saves you calling their expensive line and ending up with more costs. If possible, record all your conversations with their staff as well. All you have to do is tell them at the start of the call you are recording the call, though they will try telling you that you can't, they are lying! They are nothing more than thugs with a licence to scare and their call centre staff don't know their arse from their elbow (in my opinion). I would contact your local CAB also and advise them what has gone on as they may be able to offer more help and advice. If you do send them correspondance ensure it is recorded so they can't lie and say they didn't recieve it. I know it's costly but at least you then have proof of when it was delivered and who signed for it, so if it got as far as court, you would have sufficient proof to show you have made the effort to resolve the issue but they have been deliberately awkward. If at all possible, get your doctor to write a letter to the court stating that the stress and pressure from Phillips is too much for you and is adding to your illness symptoms and causing you further stress. Again this may cost you but may be enough to get the courts to withdraw the account from the Phillips. Hope this helps and sorry I can't give anymore advice.
  14. Has your line been reconnected already silks? it looks as though 02 haven't bothered to inform Moorcroft that you have had your line reconnected and Moorcroft still think that you still have £108 to pay and that's what they want you to make an arrangement on. I would just call them up, tell them you paid their client the usage fee and haev your line reconnected so there is nothing further outstanding, and that they should contact 02 as any further demands for payment will be deemed as harassment. And I would also call 02 to see what they are playing at by not informing moorcroft you have reconnected. Hope this helps and on the bright side, it's more to put in your complaint about Moorcroft
  15. What does the actual letter say cycle? does is refer at any point to a balance they are collecting for rbs? i'm guessing that as it says RE: RBS PLC they haven't bought it as if they had it would probably say RE:Moorcroft - RBS PLC as in my experience thats what the purchased account letters state, though not all the time. If you can copy the wording and post it on here I will try and help with regards to sussing out if they have bought the balance, but from what you have said i doubt it, the banks usually only sell 'bad debt' i.e. none payers, but you have been paying so they wont have wanted to sell this. If you need anymore help just let us know.
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