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

[N.P]

Here`s one I chucked at Lowells,

 

Edit at will ;-)

 

 

 

Dear empty heads,

 

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

 

What the hell are you dribbling on about? You ask me for a payment, without proving anything. Are you on smack or something? I would point out that I have no knowledge of any such debt being owed to, or have even heard of Lowell Portfolio.

 

I am also 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 Office of Fair Trading 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 deceptive/and or unfair methods.

 

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

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question, for example, the last bill you have at our address, or your receipt of purchase. This would be very interesting to see.

 

Further to the above, and your threat to arrange for a moron to visit, do you honestly think I’m going to entertain your so-called agent? I don’t think so! Make sure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment and dealt with accordingly - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you choose to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine, far more than this alleged debt.

 

May I remind you, there is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

 

I await your written confirmation 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 Office of Fair Trading of your phishing actions.

 

I look forward to your reply.

 

Yours sincerely

 

 

 

Me.

 

 

 

Regards

 

N.P

[nawtwrong]

Thanks for your replies; I really appreciate it.

 

I think it all pivots round the crucial fact that the debt is in dispuit and while this is the case they shouldn't send a 'local collection agent' (that's what he introduced himself as) round.

 

He didn't show me any ID now you come to mention it, he just had a clipboard with moorcroft headed paper and the details of the alleged debt on it.

 

I'm definately sending a letter, hope it does some good.

[ODC]

For good measur add this to your letter to these imbecilic morons

 

Dear Cretins,

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.

[nawtwrong]

Thanks so much for your input everyone,

 

I've drafter a letter which goes like this:

 

________________________________________________________________

 

Dear Sir/Madam,

RE: Account Ref: ####################

Please note as clearly stated on previous occasions, I am only prepared to communicate with you in writing.

 

May I remind you, there is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

I am also 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.

Please not that I no longer currently reside at the address linked to the alleged debt; it is actually my parent’s address and I would therefore also point out that the Office of Fair Trading say under their 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 deceptive/and or unfair methods.

 

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

 

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

 

Telephone calls and personal visits will not be accepted and viewed as harassment and dealt with accordingly - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you choose to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine, far more than this alleged debt.

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.

 

I await your written confirmation 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 Office of Fair Trading of your phishing actions.

 

I look forward to your reply.

 

Yours sincerely

 

_____________________________________________________________

 

I want to disassociate my old address with this debt so I've stated that I no longer live at the address they have (which I've already told them anyway) and that it's my parent's address. I'm not sure if telling them this is a good idea though.

 

Thanks

[N.P]

Don`t forget to charge them £12 for your letter.

[schrodingers cat]

hi

i went for £35 but they backed out so i didn`t have the chance to send anymore but go for it

S.C

[nawtwrong]

I noticed something quite interesting on Moorcrap's website.

 

On their contact page they have a link to the CSA code of practie: http://www.moordebt.com/pdfs/01%20CSA%20Code%20of%20Practice%2006.pdf

 

After having quick read of these guidelines it's apparent (in my case at least and I'm sure many others) they've broken all sorts of rules, epsecially if you look at point 4. It's laughable really!

 

Guidline 4 part L is the one that got me "Take all possible steps to verify that the person being pursued, is in fact, the debtor."

 

and Guideline 2 part F: "Comply with all reasonable requests by debtors, clients or their appointed representatives for information concerning

their agreements and accounts."

[ODC]

All the main DCAs are members of this sad group of leeches. They all subscribe to this joke Code of Practice. It would seem that most of their highly trained Threat Monkeys break each and every guideline on a daily basis

[N.P]

I noticed something quite interesting on Moorcrap's website.

 

On their contact page they have a link to the CSA code of practie: http://www.moordebt.com/pdfs/01%20CSA%20Code%20of%20Practice%2006.pdf

 

After having quick read of these guidelines it's apparent (in my case at least and I'm sure many others) they've broken all sorts of rules, epsecially if you look at point 4. It's laughable really!

 

Guidline 4 part L is the one that got me "Take all possible steps to verify that the person being pursued, is in fact, the debtor."

 

and Guideline 2 part F: "Comply with all reasonable requests by debtors, clients or their appointed representatives for information concerning

their agreements and accounts."

 

 

Hi again,

 

See, like we say, CCA these knob jockeys and wait to see what these moronic imbeciles come back with, then we`ll go from there.

 

Send a £1 Postal Order, NO CHEQUES, DO NOT SIGN YOUR LETTER! They may be Photoshop experts.

 

Hope this helps.

 

Regards

 

 

N.P

[nawtwrong]

Already done it.

 

CCA'd them in February and only got 1 response which was this:

 

[N.P]

Here, send Walter Micky this -

 

You may like to add more regarding telephone harrassement, home vists etc.

 

 

YOUR ADDRESS

 

OPERATIONAL SUPPORT SUPERVISOR

PO BOX NO 17

2 SPRING GARDENS

SK1 4AJ

 

DATE

 

Dear Richard Cranium

 

YOUR REF:

 

 

I do not acknowledge any debt to your company.

 

 

Thank you for your letter dated **.**.**.

 

Until I receive a true copy of the credit agreement for the above referenced account (as is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974), I will not be entering into any further correspondence with you.

 

May I remind you that I also requested a statement of account, as well as a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

I am sure that I do not need to remind you that there are set timescales to respond to the above requests.

 

Please ensure that any contact by yourselves is made via e-mail or in writing only.

 

Yours sincerely

 

YOU

 

 

 

Don`t sign it!

 

Regards

 

N.P

[N.P]

ODC, as your reading this thread, I have an update on my Lowells thread, which I will update in the next 10-15 mins.

 

I know you hate them with a passion.

 

 

N.P

[nawtwrong]

Letter sent to Moorcrap today by recorded post, so we'll see what these dicks come back with. I'll post the result here...

[N.P]

Which letter did you send?

[nawtwrong]

Thanks so much for your input everyone,

 

Dear Sir/Madam,

 

RE: Account Ref: ####################

 

Please note as clearly stated on previous occasions, I am only prepared to communicate with you in writing.

 

May I remind you, there is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

I am also 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.

 

Please note that I no longer currently reside at the address linked to the alleged debt; it is actually my parent’s address and I would therefore also point out that the Office of Fair Trading say under their 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 deceptive/and or unfair methods.

 

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

 

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

 

Telephone calls and personal visits will not be accepted and viewed as harassment and dealt with accordingly - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you choose to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine, far more than this alleged debt.

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.

 

I await your written confirmation 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 Office of Fair Trading of your phishing actions.

 

I look forward to your reply.

 

Yours sincerely

 

 

I sent them this for now. It clearly states that 'the account has been put on hold' in their letter to me in Feb so I hoping that coupled with this one, that will be the end of it. We'll see....

[nawtwrong]

Update: Received a letter today (to my old address!!! ) which says:

 

 

Well to be honest I'm not suprised, I read a similar thread to mine and this was the exact chain of events.

 

I think this letter was sent out just before they got mine so I think I'll wait for some further correspondence (if any).

 

What's equally frustrating is the fact that I still have a letter from February clearly stating that the account had been 'put on hold' while the CCA request was being fulfilled (which was never done).

 

Any input welcome as always...

[N.P]

HI nawtwrong,

 

I think a letter reminding them your CCA request is STILL in play, and that you will no longer correspond with then until they address the issues you have raised, instead of replying with lame template replies. (I got that from PT, LOL )

 

Looks like another bog standard bull****ogram really.

 

I must admit, I do like their `Home Collections Division` header. Looks like something you`d get in ya parcel from Ikea, the King of the flatpacks

 

Regards

 

 

 

N.P

[ODC]

How many divisions have Morecrap got.

[nawtwrong]

HI nawtwrong,

I must admit, I do like their `Home Collections Division` header. Looks like something you`d get in ya parcel from Ikea, the King of the flatpacks

 

That made me chuckle, "oooh they've got a separate collections division!"... or maybe they've just used a different letterhead.

[nawtwrong]

I've just discovered another letter from moorcrap (sent in May) it was sent to my parent's address and was misplaced so I've only just read it now.

 

Is this genuine or are they bluffing? I've definitely not received the document they refer to (I've been though everything which is why I discovered this). Has anyone else received a similar letter?

Also, if they have obtained the document I requested, why have they not referred to this in any of their subsequent correspondence?

They also sent my £1 postal order back to me.

[PriorityOne]

Dear xxxx

 

Your Ref xxxx

 

COMPLAINT

 

I refer to your letter of xx/xx/2008; the content of which has been noted.

 

For your information, a legal request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) was sent to you by recorded delivery on xx/xx/2008 and whilst you remain in default of that request (as per your letter of xx/xx/2008)), no payments will be forthcoming to anyone.

 

Please be advised that not only will any further action be vigorously defended, it will also be treated as unlawful and vexatious for the reasons outlined above, before being reported to the relevant authorities without any further notice.

 

I trust this letter explains both my position and your own and await your considered response before taking things further myself.

 

Yours faithfully,

 

(print a signature)

 

[nawtwrong]

Brilliant thanks.

 

Yet another letter on its way to moorcrap.

[nawtwrong]

Priority one, I notice that you've got 'Moorcroft' in your list of "companies sent packing in the last 18 months". I take it you've had dealings with this lot too then?

 

Can I ask what the circumstances/outcome was?

[PriorityOne]

Priority one, I notice that you've got 'Moorcroft' in your list of "companies sent packing in the last 18 months". I take it you've had dealings with this lot too then?

 

Can I ask what the circumstances/outcome was?

 

Long story... but will try and summarise.

 

Had been paying them a token amount for around 4 years... discovered CAG... sent a CCA request... they defaulted.... stopped paying. I then found out that the account had been amalgamated with 2 others and unlawfully assigned in the first place ... which is where the fun and games began .

 

They won't put anything on paper any more.... as they now realise they've been on very dodgy ground for some time (as has the original creditor) and everything they've written to date has been unpicked and chucked back, so to speak... which has just muddied the waters for them further. If I'd paid over the top over these years, then I would have taken things further... but they are still some £800 down from the original amount borrowed.... regardless of what they must have paid for it, so I'm happy....:grin:

 

I can't remember the last time I heard from them....

 

Stupid bergers....

[nawtwrong]

Thanks for your time. That's given me some insight.

 

I'm beginning to think that Moorcrap won't back down and are trying everything they can at the moment. I'm sure a certain percentage of people end up paying them for debts that have been settled just to stop them pestering!