Moorcroft

[KER]

Hi, sorry if this is in the wrong place, am new to the forum and still trying to find my way around

 

I have a CCJ from Moorcroft which is down to its last £700 odd to be paid.

 

I have paid a couple of months a few days late and it seems Moorcroft are adding £18 odd pounds in charges each time.

 

As I have a CCJ and therefore the court have determined what I should pay, are they entitled to add these extra charges?

 

Any help would be appreciated!

[fuzzybobble]

I doubt moorcroft can add these charges.

Also send Moorcroft a CCA request.

If they cannot prove you owe the debt, then you can apply to have the CCJ removed.

 

I'm having a nightmare with them at the moment as they have 3 dfferent debts they're chasing me for. I really hate Moorcroft, so I'd be more than happy to help you.

[pmhcfc]

I doubt moorcroft can add these charges.

Also send Moorcroft a CCA request.

If they cannot prove you owe the debt, then you can apply to have the CCJ removed.

 

 

I got a 3 yr old CCJ 'set aside' in a very similar fashion...In fact ,the company involved ended up having to send me the money I'd already paid on the CCJ lol

 

How dare they try to add charges for late payment on a CCJ - send them to the wolves

[KER]

How do I go about doing that? Requesting back the charges etc they have placed on the account? Do I ask them to send the court documents to me again and go back to Northampton processing unit?

 

Any help much appreciated!

[fuzzybobble]

See if you can get them to prove you owe the debt first.

May be worth sending a CCA request if the original debt was a loan, cataogue account, or credit card.

 

If all goes according to plan, once you have evidence that Moorcroft have no legal right to demand money from you, then we can start towards getting the CCJ against you removed.

 

But first you need to find out if Moorcroft can provide the required enforceable CCA.

 

Start by sending them this letter........

(edit to suit)

 

Dear Sir/Madam

 

Account no:

 

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

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

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

 

I/we 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 OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

 

Regards.

 

------------------------------------

This will make them sit up and take notice.

Then go for the CCA request if the accoount is for

like I mentioned above, Loan, catalogue, c card.

[OnMyWayOut]

Subbing...

[KER]

Hmm I've been paying it for just over 4 years I think, it's nearly finished!

I am thinking of CCA'ing them, I do know I spent the money and defaulted and I think I sent an admission form when they went for the CCJ (oh if only I'd known about this site then!)..

 

I'm more peeved that they added charges onto a judgment, which I'm sure they don't have the authority to do!

 

I logged into their website today and requested a statement of account so hopefully that will be forthcoming shortly.

 

I love on their online form you HAVE to give a daytime and an evening phone number. Hope they don't try and autodial 0000 000000 too many times!

[fuzzybobble]

Hmm I've been paying it for just over 4 years I think, it's nearly finished!

I am thinking of CCA'ing them, I do know I spent the money and defaulted and I think I sent an admission form when they went for the CCJ (oh if only I'd known about this site then!)..

 

I'm more peeved that they added charges onto a judgment, which I'm sure they don't have the authority to do!

 

I logged into their website today and requested a statement of account so hopefully that will be forthcoming shortly.

 

I love on their online form you HAVE to give a daytime and an evening phone number. Hope they don't try and autodial 0000 000000 too many times!

 

If they try and call me, they get through to Juicy Lucy who I believe charges £1-50 a min.

[KER]

If they try and call me, they get through to Juicy Lucy who I believe charges £1-50 a min.

 

 

HAHA if I hadn't already given you rep you would have got it for that comment for sure

[fuzzybobble]

HAHA if I hadn't already given you rep you would have got it for that comment for sure

 

Not to worry. I'm sure someone will step in and help out with that one.

[blooms91]

I came across this statement on another forum

 

'Moorcroft buy debts that are or will shortly be statute barred and pursue the debtors in am attempt to get them to pay up even though they are no longer liable?'

 

can anyone explain what exactly this means? especially the 'no longer liable' part

[palomino]

 

Also send Moorcroft a CCA request.

 

 

Once the CC judgment has been obtained the credit agreement becomes irrelevant. The authority for debt collection now rests with the CCJ.

 

You could apply to have the judgment set aside but I would think your chances are pretty slim after this length of time. The court's view is that, after four years, you have had plenty of opportunity to lodge an application to set the judgment aside and you should have done this a long time ago.

This isn't to say that such an application won't succeed but rather that the chances of success are slim.

[robinalexander]

I came across this statement on another forum

 

'Moorcroft buy debts that are or will shortly be statute barred and pursue the debtors in am attempt to get them to pay up even though they are no longer liable?'

 

can anyone explain what exactly this means? especially the 'no longer liable' part

 

Statute barred basically means if you haven't made a payment to, or heard from your creditor in 6 years, it cannot be pursued through the courts. It doesn't mean you don't owe it, it just means you can't get a CCJ.

 

However, if you already have a CCJ, the debt will never become statue barred.

 

Limitation Act 1980 (c. 58) - Statute Law Database

[fuzzybobble]

If you can prove to the court there is no CCA, then you can have the CCJ set aside.

The length of time means nothing. All you have to say is, I wasn't aware of my legal rights until now.

 

People on here have already had CCJ's set aside for this very reason. No CCA, then the CCJ cannot be justified, so is set aside until the Original Creditor can prove otherwise.

 

Innocent until proven guilty.

[KER]

ok will follow up with a request

 

(I set up a sig on this site but it's not showing up on postings, any idea why?)

[creditcardmug]

ok will follow up with a request

 

(I set up a sig on this site but it's not showing up on postings, any idea why?)

 

I have that issue as well it shows on some postings but not others??

[KER]

What do you think of this... (the non italic bit after the standard letter bit..)

 

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued. As you have already applied for a County Court Judgment, should these documents not be forthcoming, I shall re-apply to the court to have this Order set aside and a full refund of payments made.

 

Take note that I intend to contact the Court in addition over your charging me additional fees AFTER a County Court Judgment was ordered as I believe this to be an abuse of process.

[fuzzybobble]

I have that issue as well it shows on some postings but not others??

 

Your sig depends on how much you write in a single post. I don't know how much you have to write before your sig appears, but it is more that just a few lines

[creditcardmug]

Hmmm thats interesting fuzzy, but i think ive had one liners from paul, and his is always there, or is that cos hes a mod? dunno

[fuzzybobble]

Mods posts aways have a sig.

 

If you have probs with moorcroft then click here....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/153521-most-hated-poll.html

 

Its a poll on the most hated DCA's. We have to get Moorcroft to number one.

[KER]

Ya Ya Ya... but what about my post 17

[creditcardmug]

Hi i don't know enough about the point youre making in youre original post to be able to advise you in all honesty, i think you need to PM a mod for a definate answer, however, my opinion is that under the county court order you are obliged to pay only the amount that the court ordered, and if you have already done that, then thats the end of the matter, no matter what they say IMHO

[KER]

haha I got told by one of their monkeys that it was because "judgment had been entered against me" ... she obviously had no clue what she was talking about!

[KER]

Just an update, despite asking THREE TIMES, once by phone, once by letter and once via their website over the past 2 weeks, I have yet to receive a list of the charges they have added to the account!!!!

[KER]

I still have had no response from Moorcroft despite going via their website facility, sending them a letter, and requesting over the phone.

 

What can I do to force them to send me a list of the charges they've been adding?

 

(It is on a CCJ so non payment is not an option!)