Problem with Moorcroft apparently I owe them £4684. Advice appreciated

[nawtwrong]

Hi, I'll start at the beginning.

 

A couple of years ago I took a fixed loan for £4000 out with Cahoot. After months of making the payments on time each month I missed 2 payments in a row (as I was between jobs) and Cahoot passed the debt on to Debitas. I contacted them, they sent a means form out and I started repaying the same amount per month again and forgot about it....

 

As far as I was concerned that was that but since last year I've had several letters from 'Moorcroft Debt Recovery Limited' asking for £4684.86 on behalf of Cahoot.

 

I've checked my bank account and Debitas stopped taking payments ages ago but I wasn't aware of this...

 

The latest letter I've received says that a local debt collector may visit if I don't get in touch. The one before that was entitled 'Litigtion Notice' :o

 

I've only just picked these letters up as they were sent to my parent's address (I moved out last year). Strangely there have been no phonecalls to my parents house about this.

 

They've given me until 11/02/08 to get in touch. I've read on various posts that it's not recommended to phone them as they'll use all sorts of tactics to get you to pay there and then.

 

What's the best course of action? After reading these letters from Moorcroft it sounds like they're trying to scare me into paying. Each time they say you've got until xx/xx/xxxx to pay but after that date has passed they just send yet another letter!

 

I think I should maybe send them a letter with my change of address on and ask them to keep all correspondence via post?

 

What do you think?

 

Any advice is greatly appreciated.

[ODC]

You must establish that a debt actually exists and that Moorcroft have a right to collect on it. Send them the CCA letter N from the templates enclosing a £1 postal order. Put at the top of the letter I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANYONE YOU PURPORT TO REPRESENT

 

 

NEVER EVER PHONE THEM

[nawtwrong]

Brilliant. Thanks for that I will do so tomorrow morning first thing.

[nawtwrong]

Pardon my ignorance but can someone point me in the direction of the CCA letter N template on this site?

 

Many thanks

[PriorityOne]

Creditors and DCAs - Letter Templates & Budget Planner

 

Click on the above link, scroll down to Letter N and include the words I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY at the top (if it's not already there).... Enclose a postal order for £1 (not a cheque)... and do not sign the request with your normal signature. Block capitals will do. Send by rec. delivery and keep the receipt.

 

[nawtwrong]

Thanks.

 

I shall send the letter tomorrow and post the result back here...

[FU-UU]

Moorcroft are pond **** plain and simple. They will not reply to genuine concerns and if an attempt at a CCA is made they return the £1 stating they can't produce but then pass it on to one of there CSA affiliated cronies.

 

If you need to deal with these people then address your letters to Mark Dobson who is the Litigation manager/Solicitor you may get a faster response.

 

He's a busy chap is Mark. Litigation and according to the CSA a buyer of debts.

 

No! I'm not making it up

[ODC]

Thanks.

 

I shall send the letter tomorrow and post the result back here...

It also looks like you may have some unfair bank charges their too, It may at some time be worthwhile to send the original creditor an SAR. Still wait until you see what Moorcrap come up with

[PriorityOne]

 

If you need to deal with these people then address your letters to Mark Dobson who is the Litigation manager/Solicitor you may get a faster response.

 

He's a busy chap is Mark. Litigation and according to the CSA a buyer of debts.

 

 

So THAT'S who I've been corresponding with !! "Litigation Manager/Solicitor, eh ? This just gets better.... There seems to be huge gaps in his knowledge of consumer credit law.....

[nawtwrong]

Thanks for all your replies so far.

 

Today I received a letter from Moorcroft in response to the CCA request I sent them last week.

 

This is what they had to say:

 

 

 

Firstly they sent this to my old address again which is really frustratrating because I clearly stated that I'd moved in my last letter and asked them to keep all correspondence by post to my new address whcih was included in the letter. I've only 'received' this letter because my old address is my parent's address and they told me the letter had arrived.

 

I'm not sure what I should do next, the line 'prior to any possible court action' sounds a bit worrying. Is this likely to happen?

 

Should I reply to this letter because 'technically' I haven't received it because it was sent to an address I no longer live at?

 

Any more advice is as always greatly appreciated.

[Goldlady]

What on earth are they banging on about? They have chased you for an alleged debt which you have asked for evidence about - how can you tell them what you will be retaliating with? If it was me I would not even bother replying, particularly as you didn't get this letter....

[N.P]

Hi nawtwrong,

 

They probably sent it to your old address because that is the address they know they can contact you at.

 

I wouldn`t do a thing.

 

I received the same letter from them regarding my Argos CCA request. They are simply saying they haven`t got one but will see if they can get hold of one from the original creditor. The rest is just what we call more crap, from Morecrap.

 

I totaly blanked them as they are obliged to supply a CCA as you have legally requested it. It`s not upto you to chase it down, it`s upto them knob jockeys.

 

About three months later I received another letter from them saying they can`t supply one so they sent the account back to Argos.

 

That was my experience from the same letter on.... hope it helps.

 

Regards

 

 

N.P

[Fuzzgin]

These people are not so very good at reading and this looks like a scare tactic to try and get you to pay. Personally I'd ignore it unless having the post sent to your parents' address is becoming a problem.

 

Westcott did the same to me. Didn't bother to read the address I'd put on my letter or my request to use my actual address. I wouldn't be surprised if they do it deliberately to make you think that they can cause trouble for family members. They can't.

[ODC]

You are under NO obligation to tell them anything. They are simply using scare tactics. IF and its a very big IF this matter goes to Court then that will be the time evidence is required to be produced. You have made a formal LEGAL request to these idiots and they are legally obliged to comply with it. Its really that simple even though they do not appear to have grasped the concept. In the meantime as each day passes they are getting nearer to committing a summary criminal offence. Do not respond in any way to this intimidatory letter. If they make any further demands from you for money whilst in DEFAULT of your lawful request then report them to TS. In the meantime relax and do not be worried by their feeble attemps at bullying.

[nawtwrong]

Thanks for all your replies, you've certainly put me at ease...

 

The saga continues....

[PriorityOne]

 

I'm not sure what I should do next, the line 'prior to any possible court action' sounds a bit worrying. Is this likely to happen?

 

 

That line is in all their template letters. I've seen it several times on her as well as having it in one of my own . No need to worry and no need to reply.

 

[kacisnanna]

Hi I am currenly paying moorcroft £25 a month for a debt to additions. I can not afford this and am sure that a lot of the balance is charges. Can i send a cca to them if i have been paying monthly for the past year. Does that mean i have accepted the debt. I have never signed a cca for this account

[PriorityOne]

Hi I am currenly paying moorcroft £25 a month for a debt to additions. I can not afford this and am sure that a lot of the balance is charges. Can i send a cca to them if i have been paying monthly for the past year. Does that mean i have accepted the debt. I have never signed a cca for this account

 

You can send a CCA request at any time, regardless of whether payments have been made or not. Do not sign the request, enclose a PO for £1 (not a chq), send by rec. delivery and DO NOT get into any conversations over the 'phone. If they have not complied after 12 working days from receipt of the request, stop your payments immediately. You don't have to tell them why.... they will know why.

 

If/when you get something back, start your own thread and let us know what their response is.

 

[nawtwrong]

Update:

 

Since I posted this thread in February and sent a letter to Moorcroft (I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANYONE YOU PURPORT TO REPRESENT), I'd not heard anything until this evening...

 

I happened to be at my parents address (my old address where previous letters have been sent) and a elderly gentleman knocked at the door, which I answered, asking for me.

 

He was from Moorcroft and asked if I was going to pay the £4,684 I owed.

 

I said I was in correspondence with Moorcroft and that I'd heard nothing since my last correspondence so I wasn't prepared to discuss it on the doorstep.

 

The man from Moorcroft said "So you're refusing to pay, ok that's fine" and left.

 

I'm not sure what I should do now. Obviously I don't want this to escalate and as far as I'm aware (correct me if I'm wrong) they're not supposed to send anyone round while the debt in in dispute.

[N.P]

Hi nawtwrong,

 

Well, he did say `that`s fine` that your not paying, and why should you when they haven`t turned up with a CCA yet?

 

I wouldn`t have even spoke to him. If I answered the door and it was a DCA looking for me, I`d just shut it in his face without saying a word. Who the hell is he to come around your house?

 

You could have knocked him out and called the Police, saying you have an intruder who you caught in your house, and then your dog started to eat him, and that your dog was very hungry, so it was impossible to stop ;-)

 

Makes you laugh though doesn`t it?

 

Just wait to see what turns up next. Remember, without a CCA, there`s very little they can do except waste your time with silly letters and sending old men stinking of pee to your door.

 

Regards

 

 

N.P

[nawtwrong]

Thanks for your reply.

 

I have definately not received anything from Moorcrap since Feb and certainly not a CCA so in my eyes their actions are totally unlawful.

 

Is it worth sending them a letter threatening to report them to the OFT (they've sent me enough threatening letters)?

 

My main concern is that I don't actually live at the address the man from Moorcrap called at; I just happened to call in after work (bad timing!). It's my parent's address and during my breif chat with him, I got the impression he was 'casing the joint', checking out the cars on the drive etc. which worried me a bit.....

 

Basically while this debt is in dispute I want to prevent any further visits because I most probably won't be there next time.

 

Will sending a letter do any good? What's the best approach?

 

Thanks

[ODC]

Report them to the oft using http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

[N.P]

Thanks for your reply.

 

I have definately not received anything from Moorcrap since Feb and certainly not a CCA so in my eyes their actions are totally unlawful.

 

Is it worth sending them a letter threatening to report them to the OFT (they've sent me enough threatening letters)?

 

My main concern is that I don't actually live at the address the man from Moorcrap called at; I just happened to call in after work (bad timing!). It's my parent's address and during my breif chat with him, I got the impression he was 'casing the joint', checking out the cars on the drive etc. which worried me a bit.....

 

Basically while this debt is in dispute I want to prevent any further visits because I most probably won't be there next time.

 

Will sending a letter do any good? What's the best approach?

 

Thanks

 

 

 

Hi there,

 

As ODC says, report them anyway. Better to make a move on them rather than say you MAY report them. After all, they haven`t proved ANYTHING! They DIDN`T make an appointment with you. He was sniffing around your PARENTS house and cars, not that that will do him any good anyway as they belong to your parents and not yourself, so I wouldn`t worry too much there. But, of course, having this knob jockey calling in on your parents is NOT good and VERY EMBARASSING (did I spell that right?) for yourself.

 

Ask Morecrap for their offical complaints procedure and make make sure they know your not standing for any of this crap.

 

Did he produce any ID at all? If he didn`t then clearly he should have and if he did you should have taken it from him and shreaded it ;-)

 

Regards

 

 

N.P

[2Grumpy]

Why not turn the tables on Morecrap with a similar letter to the one they sent you?

 

To assist in resolving this matter, please provide details of what they will be relying on in court

 

Also complain about their man turning up without an appointment while the account is in dispute and there is no problem with communications between you. Ask for a copy of their complaints procedure as well.

[schrodingers cat]

hi

you could throw this in your reply

 

Please note that I am *only* prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", 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; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note 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 to visit me nevertheless.

 

S.C