just had from home visit from Mooorcroft re 8k cc debt!!

[ScarletPimpernel]

A search of the OFT database indicates that this individual does not hold a consumer credit licence.

 

According to the OFT, if he is a self-employed debt collector, he requires a licence of his own - unless (as I suspect) he only works as a self-employed agent for one company, in which case he's covered under their licence.

 

So, the possibilities are:

 

If he collects for several companies, he's trading without a licence, which is a criminal offence. Moorcroft and the OC have third party responsibility for his actions.

 

If he collects only, or principally, for Moorcroft, then they are directly responsible, and the OC has third party responsibility.

 

At least we now know that Moorcroft can't wiggle out of anything by claiming he is self-employed.

[ScarletPimpernel]

Just a quick update on this one - in order to avoid showing names on the forum, we had to do a couple of things by pm.

 

Anyway, it seems that Moorcroft's little helper turned up again yesterday and tried again to get gymfreak's mum to pay. I drafted a letter to give to him if he fronted up again, outlining his various wrongdoings and pointing out that the matter is in dispute - at least until Moorcroft comply with the CCA request.

 

Today he telephoned, and when told about the CCA request claimed that Moorcroft had not received it - remarkable, given that gymfreak has a signed proof of receipt! I have advised gymfreak not to speak to him other than to say that everything should be in writing.

[N.P]

Hi there,

 

These people REALLY do have empty heads, don`t they?

 

Just because he keeps turning up, doesn`t mean your folks are going to give this broken brained knob wart a penny. Tell them to tell him exactly where to go, make him feel really small and shout down at him.

 

As long as he feels he has your parents cowering with fear, he will keep coming back.

 

Regards

 

 

N.P

[riverstyx]

Hi gymfreak,

 

Having read your thread, I would seriously suggest more focus needs to be given to the serious breach of the data protection act that has occurred. If I understand correctly, this guy disclosed details of your alledged debt to your parents before you got home (please correct me if I misunderstood your original post).

 

I had a similar situation about 10 years ago now. I had defaulted on a credit card to the value of approx 5000 quid after losing my job. The debt was passed to a DCA and they wrote threatening letters to both myself and my partner. My partner had held an additional card on my account, but the account was solely in my name, so it was a breach of the DPA for them to disclose details of the account to her (she was actually fully aware of the situation but really that was totally irrelevant).

 

I wrote to the original creditor, threatening them with legal action, press involvement, and an official complaint to the data protection controller for breach of confidentiality and they swiftly decided it would be better for them to write off the debt than face having the issue made public.

 

All of the advise given by others with regard to making CCA requests etc are very valid, but I would certainly be inclined to try making a huge fuss over the breach of confidentiality and see where that gets you...

 

Hope this helps,

Martin

[gymfreak1978]

A big thank you to SP whose been fantastic.

 

UPDATE

 

Ok appears Moorcroft have given up no more letters, telephone calls or little nasty men at the door, since my last report.

 

Till yesterday I recieved a letter from the Halifax (OC) offering me a 40% reduction on my debt if paid by end of the month or they may sell the debt to a DCA (maybe Moorcroft could actually by it), the threat of legal action appears to have been left out now.

 

Any suggestions would be great?

[N.P]

Hi gymfreak,

 

I wouldn`t reply to anything unless you need to. You are under no obligation to do so. However, they are obliged by law to show up with your CCA.

 

Why would you want to accept a 40% reduction if they still haven`t shown up with your CCA? Remember, without it, they can`t do s**t!

 

Just let them fester a while, sooner or later they will start bugging you again, and when a nasty little man comes round just set the dog onto him

 

Regards

 

 

N.P

[Woozel]

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely

stating that collectors or field agents will call is not sufficient

 

g. not giving adequate notice of the time and date of a visit

2.8 Examples of unfair practices are as follows:

 

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with thecorrect debtor will be made.

 

b. disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address.

OMG! My newest pen pals (aka Lowell Financial) have breached these points too! *rubs hands in glee - evil laughter ensues!*

[gymfreak1978]

lets hope mr curtis has been taken off the streets of norfolk for good