Wescott and Moorcroft

[reduk054]

Hi all, wonder if anyone can assist me with some potent letters to the above DCAs please?

My best friend had a store card, which was passed to Moorcroft in the summer. My friend negotiated a full and final settlement (over the phone, opps nothing in writing, I think that you can tell where this one is going!!), which was paid.

Last week, Wescott have requested an immediate settlement of the outstanding debt, i.e. the difference between the full amount and the full and final settlement.

Moorcroft did not update the records to the store involved and Wescott have been advised by the OC to collect the remainder. Have threatened the baillifs in their first letter.

So please can any one assist me or more importantly my friend, with two letters, one to Moorcroft and one to Westcott!

Thank you all!

Red

[pt2537]

i will ask curlyben for you red, hes sure to have one or two for you

[Curlyben]

Do they have anything in writing that the payment to moorcroft was F&F ??

Unfortunately if not then they are up a brown watery thing without a means of movement.

[2Grumpy]

CCA request time?

[rory32]

Why not ask Moorcroft to confirm in writing that the F&F was agreed and paid (the worst thing that can happen is that they won't, but if you don't ask then they certainly won't) and send of the CCA request to Wescot to at least buy some time. You never know as it's a store card they may not have an agreement and even if they do it could be unenforceable.

[reduk054]

Morning all, thank you very much for the quick repsonses.

There has been nothing in writing from Moorcroft to my friend or to the store involved from Moorcroft, my friend has verbally requested that MC send a letter to the store.

Thanks Grumpy and Rory about the CCA request, I thought that this may be the way forward, but reallly wanted to fend Westcott off with a blinding letter to say that all monies paid (i know that without a letter as proof it is not so easy).

OK will mull it over today, and post when i have decided what to do to help her!!

thanks again. you are all so helpful!

Red

[Hopeful1]

Hi Red, i would certainly follow Rory's advice and ask for confirmation of the full and final, stating you / your friend have a record of the payment made, but have not yet received confrimation from them. See what they come back with.

 

Geez, it never stops does it?

[reduk054]

Hi Hopeful1, have been thinking about this all morning! My friends main concern is the bailiff threat, and because she is not a member on here, obviously this has stressed her no end, and regardless of what I say, she will still jump each time the door bell goes.

IMO it is Wescott who need dealing with asap. I have been debating whether to CCA or account in dispute? (and i have my fingers crossed that her dad has not got involved and phoned them in the meantime!).

So guys, which is better CCA request (to buy a little time) or account in dispute (also to buy time)?!

Thanks all!

Red

[reduk054]

And with this verbal full and final settlement just proves the point

NEVER TRUST A DCA!

I wish that she had found this site before hand! But I like helping....spreading the good word of the CAG!!!!

Moorcroft were verbally asked at the time of payment to put it in writing, and again this summer. They have not done this. So I am

[reduk054]

Re comment from Rory:

Moorcroft were verbally asked at the time of payment to put it in writing, and again this summer. They have not done this. So I am pondering a letter to them, with the dates of calls and F&F, asking them to send the settlement in writing to store and my mate and wescott in 7 days, or further action will be taken. I know that it is pushing it a little as there is nothing in writing so far, but if i put the request in writing for my friend and then send it recorded, along with copy of their complaints procedure......

Red

[rory32]

That's what I would do Red. Verbal requests are not sufficient as they obviously don't act on them.

[reduk054]

Ok Rory TY, when I have drafted something I will post it up for comments, grammar checks, alterations of any kind! And in your opinion CCA or account in dispute (could always go for the first request followed by the second letter, just not sure on the time frames that Wescot are working to as have not been given any of the paperwork yet!)

Red

[rory32]

Just go for the account in dispute first and see how they react. Sometimes Wescot are reasonably okay about these things and do actually read letters that are sent.

[reduk054]

How is this letter everyone, this one is to Moorcroft who screwed up in the first place?

 

Dear Sir/Madam

Re: ********Account / reference number********

Full and Final Settlement

I write with reference to my payment in full and final settlement of the above account, which you were collecting on behalf of ******, as the original creditor. This full and final settlement was made on this account on the *****date****, using ****method of payment***, as agreed with Moorcroft Debt Receovery. This payment was made on the clear understanding that, once accepted, neither you nor any associate company would take any other action to enforce or pursue this debt in any way whatsoever and that I would be released for any liability.

I also requested that, once payment was made, that you, Moorcroft Debt Recovery would make an entry on a credit reference agency file relating to the above account as "satisfied" in full, and that you would advise the original creditor accordingly.

Although payment was made on ****date*****, I note with disappointment that you have not updated my credit reference file, nor have you contacted the original creditor advising them of the full and final settlement. Therefore I am still being chased for an outstanding amount, which I dispute vehemently.

What I require from you.

1) to update my credit file with the account noted as satisfied in full

2) advise the original creditor in writing that the debt was settled with you, in full on the ******

3) to write to me confirming that the account has been settled in full.

Failure to compy fully with my request within the next 14 days from the date of this letter will prompt me to take further action against you, which may include, but is not limited to; contacting the OFT and Trading Standards.

I would appreciate your due diligence in this matter.

[reduk054]

And comments please on this letter to Wescot.......thank you!

 

Account in dispute

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

I would point out that we have no knowledge of any such debt being owed to Wescot. I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using unfair methods.

Furthermore, disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation within 14 days that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

[Hopeful1]

Hi Red. For what it's worth, it looks good to me.

 

How fantastic to be able to help a friend with all the experience and knowledge you have.

 

I'm sure they will be forever grateful

[rory32]

You might want to add to the Wescot letter that the account was settled in full on such and such a date with Moorcroft.

[reduk054]

Ty Hopeful1, its so difficult when you see your best mate in floods of tears over some bully-boy DCA, and know what they are going through!

Thanks for the comments on the letters, they are mix and match from letters I have already sent!I just like the once over from CAG faithfuls just incase I have put something numpty-ish in by accident!

For my best mate its worth it, she is a damsel in distress! So although its one more thing in my never ending pile of things to do (just like you! LOL), its worth it! (thank you L'Oreal)

Hugs

Red

[reduk054]

Cool Rory ty good point will amend! Wont re-post it here though, just mail it to my BF, so she can enter personal info.

Cheers everyone for your constant support. Its good to be amongst such fab people!

Red x

[Hopeful1]

Cheers everyone for your constant support. Its good to be amongst such fab people!

Red x

 

It's only what you deserve

[reduk054]

oops Hopeful1, I said click, but meant tickle, if you know what i mean!

[Hopeful1]

I do know what you mean. Thank you.

[reduk054]

I have just caught up with my friend this eve who has sent both of the letters, one to Moorcroft and one to Wescot. Unfortunately she just used a first class stamp as she was under the impression that you cannot send mail to a PO box recorded!?!

So I have suggested that she should see what happens in a week, and if nothing comes through, or more threatening letters, that we will go from there.

Red

[Hopeful1]

I have just caught up with my friend this eve who has sent both of the letters, one to Moorcroft and one to Wescot. Unfortunately she just used a first class stamp as she was under the impression that you cannot send mail to a PO box recorded!?!

So I have suggested that she should see what happens in a week, and if nothing comes through, or more threatening letters, that we will go from there.

Red

 

Oh knickers!

 

It will be interesting to see if they respond. Will you resend if they don't?

[reduk054]

Hopeful1, I will insist that she re-sends the letters if she hears nothing within the timeframes given, or if she receives anything involving further scare tactics! Absolutely!

I used to be under the (wrong) impression that a PO box would not receive a recorded letter, but thanks to CAG, I know that not to be the case. At least my friend feels more in control now. Sometimes though it is just a case of getting round to dealing with such letters, or a kick up the behind from your friends! LOL

Red