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Moorcroft Debt Recovery on my case for Orange


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Hello everyone, a while ago my sister applied for an orange contract phone online to use the free minutes to called abroad, a few months later they removed the numbers she calls from the free minutes. Soon after she called them and canceled the contract and they stated that the outstanding amount for the month should be paid, which is fine. She forgot about it for a month then received a letter from Moorcroft so she called them and asked if she could pay in installments, but they said it had to be paid in full at once. So i sent them the following:

 

With reference to the above agreement, I require you to supply me with a copy of the credit agreement before I will correspond with you further on this matter.

 

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

I understand a copy of the credit agreement should be supplied within 12 working days.

I 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.

I look forward to hearing from you.

Yours faithfully

 

She received a letter from moorcroft a week ago stating the following:

 

Thank you for your letter of 19th October 2007. At this stage we are currently unable to provide a copy of the agreement but must refer to the Terms and Conditions which were provided to yourself when you set up the account.

 

If there are any areas where you feel that a dispute in relation to the account still requires resolution please provide details. If this is not the case we look forward to receiving your settlement proposals.

 

We therefore return the £1.00 payment submitted in that connection.

 

So im just wondering what the next step would be from now?

She doesn't mind paying for what she owes, but can only afford installments at the moment.

 

Any help would be greatly appreciated.

 

Thank you

Eyemean

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Well, you need to sort out what you want from a resolution. From what you said Orange was wrong in removing her 'Magic' (free) numbers, however I didn't remember these actually allowing non-UK numbers to be added so that's why they were removed (but I can stand being corrected on that). The flip side is she did stop paying her contract and has come close to or is now in default, so that will probably be on her credit reference file - it's worth checking. You can't arbitrarily ask for your contract to be cancelled, if they do this it will factor in the amounts due for the remaining period and will be presented as a final bill. Since this hasn't been done, you're now in this present position.

 

There is little point arguing over the loss of free numbers, as there's little they can do now - even though it might have been a contributory factor in her departure. What takes precedence is her request to leave, and she's not paid the bill. So, she'll really have to do this, and apologise for the delay. If you can come up with an excuse like being out the country etc, make the payment and in passing say that you hope the company will not damage her credit record as a result.

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  • 5 weeks later...

Hello Buzby,

Moorcroft decided to send my sister the following letter:

 

(Dated 10/11/07 but received 12/11/07)

NOTICE OF INTENDED LITIGATION

To prevent the above action send payment in full before 17/11/07 or telephone 0161 475 2811

 

If you do not respond to this letter we will assume you are purposely avoiding repayment of this debt and will take the necessary steps to secure settlement which may include issuing legal action against you. Please note if legal action is necessary your debt will increase as follows:

 

Current balance - £185.83

Solicitors costs for issue of claim form - £50.00

Court Fees for issue of claim form - £20

Solicitors costs for entering judgment (by default) - £25.00

Total debt if judgment is obtained - £280.83

 

So she sent them a reply stating she could not afford to pay the total amount in one lump sum, but could pay 3 equal payments on the 1st of every month to clear the debt of £185.83 in full. If that was acceptable then to please send details of payment methods.

 

But for some reason she received the same NOTICE OF INTENDED LITIGATION today (dated 10/12/07, received today 12/12/070) expecting immediate payment by 17/12/07 or to call them.

 

So now i dont know what to do, shall i send the same reply back to them?

I would prefer that she didnt call them as she has already spoken to them once before and they just demanded full payment no matter what she said.

 

Please advise me on what to do with them, as she does not mind paying what she owes, and i think her wanting to pay in 3 installments is fair.

 

Thank you

Eyemean

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You may want to send an SAR and find out what the closing balance with orange was. It's likely moorcroft have added some penalty charges which is rather naughty of them

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Hello davethorp, looks like you were right, the last letter we received from orange stated that the outstanding amount was £129.34, for some reason my sister assumed £185.83 was correct.

 

Should we still send an S.A.R to be sure? (if yes,is there a template i can use).

If it is found that Moorcroft have added £56.49 to the original amount can anything be done about that?

 

Thanx in advance

 

Eyemean

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Sorry to bump this topic, but i need to send a reply on behalf of my sister to arrive no later than Monday the 17th of December, they really don't give enough time.

 

Thank you in advance.

 

Eyemean

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She is willing to try anything really, but initially she spoke to orange (once she received bill for outstanding amount) and told them she could pay the full amount at the end of the following month which they said would be fine.

 

Then suddenly about 2 weeks later she received her first letter from moorcroft, so she contacted orange who then told her it was out of their hands, therefore she should contact moorcroft to sort it out.

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  • 2 weeks later...

Next time moorcroft sends you a letter asking for full payment by a given date, write to them, i can not pay you in full and can only pay in installments, if you have a problem with that, bring it on, take me to court for your £280.83 claim. Instead of bothering with court procedings, they will accept your proposed payment plan.

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Hello all, just to let you know that I did as Conniff suggested and sent letter to Orange with a cheque. I checked the account and the cheque has cleared so I guess Orange didnt want to send the cheque back, lol.

 

Thanks you to Conniff for the suggestion. I will make sure my sister sends the next two cheques on time and also requests a letter be sent to her stating that the debt has been paid in full once the last cheque clears.

 

Merry Christmas

Regards

Eyemean

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  • 3 weeks later...

Hello, i hope you all had a great New years day.

 

Not a good start this year my sister. Although we sent a cheque (which they cashed) to orange with a letter and an agreement, yesterday she received a letter from Moorcroft saying.

 

Balance £142.72

Our records show that you have defaulted on your agreement to pay £62.00 per month with the result that you are now in arrears for the sum of £18.99.

 

Unless payment of this amount is received by return of post we may instruct our solicitors to commence legal proceedings against you without further notice.

 

Payment must be attached to this letter and made payable to "moorcroft debt recovery ltd".

 

 

We also sent a letter to moorcroft stating that all communication should be in writing, but guess what we received a call from them on Saturday (5th of January) at 1pm, obviously didnt answer, but they left a message.

 

So not sure what the next step should be.

 

Kinds Regards

Eyemean

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