Can I get my money back from Moorcroft?

[pennypitsop]

Hi folks

 

Just hoping you might be able to shed a little light.....

 

I CCA'd Moorcrap to prove they had authority to collect a debt after I had been harrassed into paying them about six or seven payments of ten pounds. (I found this site thank goodness!!)

 

They have failed to provide me with anything and the 12 + 2 days are way past.

 

This morning I have had a statement from the original creditor (Tesco credit card) and it shows the payments from Moorcrap.

 

Does this mean that Moorcrap have failed to prove they had a right to collect the money and have they committed an offence?

 

 

I am thinking of S.A.R' ing Tesco credit card as I wonder if they have an agreement - would this be wise?

 

Many thanks in advance

 

Penny P

[42man]

Not sure if Moorcroft have purchased the debt ? or are they just collecting on behalf of Tesco ?.....If it was me in your position then I would send a SAR to Tesco...(see below) as to reclaiming the payments this could be tricky as it could be said that you willingly paid them, although there could be a possible argument from you to say that you paid under duress....the only way in my opinion that you could even contemplate trying to get back the money you have paid would be to take it to court, which unless you win your costs, could cost you substantially more than you have paid back !!

 

Send this to Tesco by recorded /guaranteed with a £10 postal order...

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

[harrythehawk]

Yep, I had the same dilemma with Legal & Trade where my wife was paying them until I got control of things and found this site....... then it stopped, they didn't like it but using the advice on here they went away without another penny ...... like you I felt a bit cheated but decided to put it down to experience, lesson learned which I have as I have not paid any other similar creatures anything and they have also gone away !!!

[pennypitsop]

Thank you so much 42Man, I'll get onto it right away. Glad I can depend on you to help

 

Harrythehawk - It's funny how we learn after the event isn't it but thanks to CAG we do learn Glad to hear they are off your case now.

[harrythehawk]

Yes, ironically it was because of Legal & Trade I found the site, it was right at the start of this nightmare when I was terrified after a shock discovery of how bad my finances were / home due to be repossessed (my OH hid everything from me) and I was on the verge of agreeing paying them off £600 from a £800 balance after speaking to them about the red letters they had sent where I believed every word about bailiffs, court etc OMG ...... then I Googled Legal & Trade and it brought me here ............. talk about enlightenment ...... life certainly changed after that and I spent hours and hours on here ...... practically saved me in the end, top site CAG