Moorcroft Harrassment. help !! - egg CC

[mjr001]

i got into financial difficulties in 2001 and after intervention by the C.A.B

they offered £20 per month to cover my Egg credit card debt.

 

this was passed to Moorcroft Debt collection agency of which i have been paying ever since (never missed or late with payment),

i have increased the payment voluntarily myself to £40 per month to try to reduce the debt.

 

i usually pay on the 1st of every month,

then on the 2nd of the month i receive a letter from Moorcroft saying they are increasing it to £45 per month(this letter was dated the 28th of the previous month,

 

i telephoned them a week or so later to say i could not afford the extra payment of which they have asked for to which they replied that i am already £5 in arrears and unless i pay they will hand over to there solicitors.

 

where do i stand, i was made redundant and am recieving £5k less than my previous job, i simply cannot afford to pay any more

pleas help Mark

[notsoevil]

Hmm Are you in £5 arrears?? They cant increase without your say so! I would say am paying £40 as agreed, full stop! Ask where the £5 arrears are from!

No court would look at the case as you have been paying! So if they continue say you are going to your solictors! Ask if they are recording calls, they should say YES.

 

Years ago I had a debt I was paying via a debt agency. I was paying a reasonable amt each month and every 6 months they asked for increase.

 

The final time they called me they told me that if I didnt then they would start to add interest.

 

I then re read my letters from them which stated that unless I defaulted on payments then interest would be stopped.

 

As soon as I called them with this info they didnt ask me for an increase!

 

My point being they are using unfair and hard sell tactics which are untrue. What would they say to the court - They have been paying for X amt of time, on time and have increased but we are greedy and want more!!! Nah I dont think so!

 

At the time I called CAB office and they said they are allowed to ask for increase as the amt I was paying was less then the loan amt however they should not add interest -

 

On that they did say they could take me to court but as I was already paying everything I could pay the court was very unlikely to make me pay what couldnt!

 

So with that in mind just say nope £40 it is and you will review if circumstances change! If they phone for increase again say circumstances havent changed apart from cost of living going up!

[notsoevil]

Sorry for rambling, had two kids on my case, one moaning cant get toothpaste out of tube and the other asking me to switch the sun off!

[Pinky69]

Then don't pay them any more. Now that they are being awkward seems a good time to request a copy of your credit agreement. If they cannot produce one after 12 days, then the account goes into dispute and you don't have to pay them at all until such times as they do produce one.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

 

Scroll down to letter "N". Send the £1 by postal order and don't sign the letter - Print your signature. Send by recorded delivery so you have proof of posting.

 

Golden Rule - NEVER speak to a debt collection agency on the phone. They will only bully you. Insist that everything is in writing.

[Mrs_Ryan]

They did the same thing to my mate, so I wrote them a letter quoting the OFT guideline they were breaking and they soon ran off with their tail between their legs :lol:But Pinky has the best idea here. CCA them!

[mjr001]

as in one of my previous posts (3 days ago) moorcroft have increased my payments from £40 to £45 per month even though i have told them i cannot afford it ( they gave some BS about not replying as soon as i recieved there letter was an admission that i could afford to pay), i actually replied to them 3 weeks after i recieved it but before the next payment was due.

i have been paying these idiots for 4 years for an existing egg card bill without ever being late on a payment or missing a payment.

the question is could i ask them for a CCA or does that only apply if i had paid nothing to date, or any idea how to get these morons off my back

Mark

[miaow99]

Yes, ask them for a CCA - if it isn't present/valid, they can't enforce it in a court, which gives you a much stronger hand with them.

[Helios]

Hi mjr001, as previous been said CCA moorcroft and that puts the account in dispute and they can't enforce it. Doesn't matter if you have made payments to them

[harrythehawk]

Also, can you use a standing order instead of DD ? You would be in control of the amount they take each month

[creditcardmug]

Why not just continue paying your normal amount, what can they do?

[mjr001]

so i will ask for a CCA, but do i continue to pay the £40 per month, or increase it to £45(against my better judgement) or stop paying altogether.

any help grateful

Mark

[creditcardmug]

Write and tell them that due to recent increases in fuel etc etc you will have to reduce you payment by £10 for the foreseeable, send em the CCA rquest as well

[havinastella]

Just pay the £40, DO NOT pay them £45!

[havinastella]

Write and tell them that due to recent increases in fuel etc etc you will have to reduce you payment by £10 for the foreseeable, send em the CCA rquest as well

 

 

Excellent Idea, In fact, with the rise in price of Gas and Electric, and the increase in food, you can now only afford £10 a month.

 

I assure you, they will shout and bark, but they will do NOTHING about it

 

Jogs

[creditcardmug]

Excellent Idea, In fact, with the rise in price of Gas and Electric, and the increase in food, you can now only afford £10 a month.

 

I assure you, they will shout and bark, but they will do NOTHING about it

 

Jogs

 

Agreed

[mjr001]

thanks everyone, all help grateful. but could they add charges though for not paying their ficticious £45 agreement.

i will continue to pay £40.

when i ask for the CCA, if they cannot produce one what should i do then ?

stop payments or continue at £40 per month

regards Mark

[Guest daewoo21]

I would stop paying imediately until the agreement is produced.

Put the debt in dispute and ignor their threats.

[creditcardmug]

By the way they are complete idiots, i have just had a letter asking me to write stating what my complaint is, they have lost my previous correspondence!

[mr.ton]

What the hell are Moorcroft playing at & who do they think they are to dictate how much someone should pay?

You are entitled to pay nothing at all to them as they have no power to get money off you whatsoever - only a county court does!

If that were me, i would stop payments altogether & tell them to take me to court - unless they did, there wouldnt be a darn thing they could do about it

[spaspeckerthedull]

this happened to me with robbinscum way, I once made the mistake of calling them after they put up my payments without informing me first, one of their simian mouthbreathers did his absolute best to get me to agree to the rise but I just kept repeating the phrase "You cannot increase the payment without discussing it with me" - no matter how frustrated I got I just kept saying it over and over, eventually he hung up on me

 

Made my usual payment that month, received a letter telling me account was in arrears cos I hadn't paid the amount they'd raised it to, rang it back and demanded a transcript for the previous call, also told the simian that I had recorded the call and would be happy to provide a transcript for them for an administration fee of £49quid. Day after received a letter saying that payments had been reduced (back to what I was paying anyway) and the account would be reviewed blah blah blah.

 

Then I decided it was my turn. I CCA'd them and they've come up with a single sheet bad photocopy of a credit card application, 24 days after the 12 was up. I've complained about them to the OFT under CPUT. Let's see if that makes them squirm a bit

 

Moral? stick up for yourself and stand up to them, give them a taste of their own medicine and they will back down

Edited July 31, 2008 by spaspeckerthedull
typo

[mjr001]

many thanks all, just paid them there next £40, see what they do now, proberly another crappy letter and more phonecalls

mark

[havinastella]

MARK,

 

send the CCA and STOP paying them full stop!

[diskmandave]

I have to concur Mark.

 

Send the CCA request ASAP, but continue to make the £40 payment until the request goes into default and then stop paying until they produce a valid agreement.

 

Don't give them a reason to take the upper hand.

 

Charges and/or interest can only be applied after Default if the original agreement allows for it.

 

Furthermore, if Moorcroft take more than you have agreed by DD then you have the absolute right to demand a refund from your bank/bs under the DD Guarantee Scheme.

 

they gave some BS about not replying as soon as i received there letter was an admission that I could afford to pay

Where do they pull this cr*p from??! Even sadder, people take it as red and just pay!

 

Best wishes, Dave.

Edited August 7, 2008 by diskmandave

[diskmandave]

many thanks all, just paid them there next £40, see what they do now, proberly another crappy letter and more phonecalls

mark

 

This is how you deal with morons on the 'phone.....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/71386-diskmandave-robinson-way-co-43.html#post1650279

 

[mr.ton]

many thanks all, just paid them there next £40, see what they do now, proberly another crappy letter and more phonecalls

mark

 

They are proberbly loving you

Just stop paying - simple as, they are powerless over you & can only go to a county court at the very max.

Until such time as they do - go spend your £40's on some shopping