Moorcroft Complaints

[little miss complaint]

Hi all, just a quick not to say that if any of you are having the misfortune to have to deal with Moorcroft and you feel that anything they say or do has breached ANY Debt Collection Guidelines or Legislation, COMPLAIN IN WRITING!

I have sent a letter to Moorcroft, OFT, CSA, Trading Standards, FOS and BBC Watchdog about the way Moorcroft staff handle accounts, every time I have spoken to someone I have been given false or misleading informaton.

 

I have no dispute with owing the debt, I owe it and I'm paying it, however, their staff seem to have little or no knowledge of Debt Collection Guidelines, or they simply choose to ignore it.

 

If you have any complaint please put it in writing to the regulatory bodies or nothing will get done about Moorcroft acting in this manner, the moor people who complain the more seriously Moorcroft's ability to hold Consumer Credit Licence will be looked in to.

 

If you are unsure if they have breached any guidelines search online or just remember, they can not bully you into paying as that is against Administration of Justice Act 1970, and also look for OFT Debt Collection Guidelines etc. Of just come on here and ask

 

If you have any questions about if you think you have a case for complaint message me.

 

And above all remember, we might owe money but we are not ****, we can raise valid disputes and are human beings and will not be treat like idiots, so don't stand for it. COMPLAIN COMPLAIN COMPLAIN.

[pigeonpie]

Hello Little miss complaint,

 

my girlfriend and i seem to be having the same problems paying our water bill with moorcroft. We've definitely been the victims of bullying from their staff.

 

we too are not disputing the debt and are paying but even after being sent a red letter with a monthly amount of £16 odd to be payed (which we thought to be reasonable) upon phoning them we were then told that the 16 pounds would not be enough to keep them of our backs because we hadn't taken into account next years water bill and now wanted a minimum 30 odd pounds monthly.

 

it turns out all of this is false and they are just trying to get more money out of us but we were made to feel that we had no choice and were led to believe that if we did not comply, there and then, that we'd have bailiffs arriving on out door step, shortly. so we started to pay

 

further to that every time we've phoned to pay them (on time) we're always told that we owe more than we actually do due to being behind on payments or change of circumstance or that we had agreed something different altogether etc. this is all false.

 

i strongly believe that they simply choose not to follow Debt Collection Guidelines and that more people should be complaining.

 

little miss complaint is any chance you can help with writing a complaint letter things to include and so on and do you have any of the addresses of the OFT, CSA, Trading Standards, FOS and BBC Watchdog. oh...maybe more importantly who are the CSA and FOS?

 

many thanks

[dx100uk]

what the hell has next years water bill got to do with moorcroft?

they are a DCA, they don't provide water, though some of their staff seem to think they can also walk on water by the sound of things!

 

you people need to stop paying them and deal with the OC direct.

 

dx

[Pinky69]

ERM -paying for bill that hasn't yet accumulated??? They must have seen you coming! Tell Moorcroft to get lost. And Little Miss Complaint - have you seen a credit agreement or a Notice of Assignment in connection with your debt? How do you know Moorcroft has any legal write to collect it? I wouldn't give Moorcroft a penny without proof of everything and even at that it would only be 50p a month.

[Helios]

little miss complaint, CCA moorcroft see if they have a right to collect the account and moorcroft's threats all they are just empty... i have successfully dispatched moorcroft at long last

[little miss complaint]

Hi pigeonpie

right, CSA and FOS are Credit Services Association and FOS are Financial Ombudsman Service and Moorcroft are regulated by them. FOS will not handle yourcomplaint until Moorcroft have dealt with it though and you are not happy with their response.

I would call them asap and request the names and extention or reference numbers of every operator you have spoken to and on what date and include these on your letter. I listed every date and the operator i spoke to and what was discussed. You need to put in your letter how and when you feel they have breached legislation so it might be worth researching online about Administration of Justice Act 1970 and OFT guidelines for some hints.

I, like yourself, am not disputing the balance, just the way in which Moorcroft conducts its collection activity.

If possible it may be worth recording your calls as well, just advise them at the start of the call you are doing so and that it may be used as evidence if needed.

Below are a few different paragraphs I used in my letter:

Every encounter with Moorcroft has painted a very dismal picture of the professionalism and ability of Moorcroft to hold a license as a debt recovery agency. The several Moorcroft agents I have had the misfortune to have to deal with during the last year have to date, demonstrated a total lack of knowledge with regard to legislation and their knowledge of OFT, FOS and CSA are to say the least, limited. On the assumption that the reader of this letter suffers the same problem, the above abbreviations are respectively: Office of Fair Trading, Financial Ombudsman Service and Credit Services Association. [/font]

If Moorcroft wishes to retain its licence, it desperately needs to retrain its staff on how to adhere to the various applicable legislative procedures, as the Office Of Fair Trading does clearly state that all agents must be trained in all legislation regarding Debt Collection. Ultimately, I have no problem in meeting such an inept group of individuals in court, where I expect to be compensated for your deceitful harassment.

Unfair Practice is classed as (and I quote) “leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors’ lack of knowledge”, clearly a breach of OFT guidelines.(i used this because they were telling blatant lies bout my account and its status)

OFT also state it is ‘unfair practice to visit a debtor when it is known they are vulnerable i.e. a debtor who is known to have mental health issues’, (i suffer with post natal depression and did advise them, but they chose not to log it on my file)

CSA Code of Conduct states all staff MUST be properly trained

includes ‘providing adequate training for members of it’s staff, bringing to their attention the CSA Code of Practice and requiring them to carry out their duties in accordance with it. Also, ensure continuous and appropriate training of staff in respect of current legislation and best practice’.

And as I had informed Moorcroft that I suffer with depression and am therefore vulnerable, the continued letters demanding the arrears which don’t exist, and threatening with Home Collection Visits which have been causing me extra stress and anxiety, could be deemed as malicious under the Malicious Communications Act 1988 as you are fully aware of my very vulnerable state of mind so I can only assume these were sent to frighten me.

I feel that Moorcroft have been negligent in their handling of my account and in ensuring their staff have sufficient and/or relevant training for the job role they have. Whether purposely or simply just through blind ignorance, staff have refused to action my account correctly on more than one occasion and have chosen to disregard vital information I have informed them.

Again I will draw your attention to CSA Code of Practice:

·Not use oppressive of intrusive collection procedure

· Not bring unreasonable pressure to bear on the debtor in default of payment

I will also draw to your attention the Protection from Harassment Act 1997 Chapter 40

·S1.1 B states that a person must not pursue a course of conduct which he knows, or ought to know, amounts to harassment of the other.

I have a DMP in place with gregory pennington and one payment was a couple of days late so they sent me a 'home collections division' letter every month for 6 months because i had 'missed' a payment. when i called in march i was told no payments had been missed just one was late, so why hadn't this been noticed 6 months ago when i called? just one example of their inability to check account history!

Here are the addresses:

Financial ombudsman services

South Quay Plaza

183 Marsh Wall

London

E14 9SR

Credit Services Association

Wingrove House

2nd Floor East

Ponteland Road

Newcastle Upon Tyne

NE5 3AJ

The Office Of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

BBC Watchdog

201 Wood Lane

London

W12 7TS

Stockport Trading Standards

Stopford House

Piccadilly

Stockport

SK1 3XE

also send a copy to their client who you owe the balance to and make sure you put all these addresses at the bottom of your complaint so Moorcroft know who you have complained to.

anyway, i hope this helps and if you need anymore help just let me know.

little miss complaint

Edited June 12, 2009 by little miss complaint
amend addresses

[little miss complaint]

my balance owing is for a mobile contract so they have no obligation to provide a CCA as their client will only state that for a copy of the original agreement i have to contact the store i opened the contract at, as no mobile phone provider has a copy of your contract, it stays with the dealer.

[pigeonpie]

ooh lots of good info here, many thanks little miss complaint and everyone else. i'll make sure i have a good reread of everything to make sure i understand it all then call asap.

 

in regards to "next years bill" we were told that if we payed the £16 agreed we would still be in arrears when the next bill arrived and that the bill would be past on to them ...blah blah we will only accept thirty odd pounds or the bailiffs are coming.

will keep you posted on how we get on

 

thanks again for your time,

[little miss complaint]

Hi pigeonpie

 

No worries, hope all the info is of use. With regards to this years bill, you can always set up a payment plan with your supplier, it would only get passed to Moorcroft if you don't make payments to your supplier so don't worry about bailiffs, it's not likely they will send them anyway.

 

If you need anymore info or advice just let me know, I have copies of debt collection guidelines at home so can look up most things if I don't know the answer.

 

I have received a form to complete from CSA regarding complaint and have to authorise them to disclose my details if legal action is taken by CSA and i have to detail what they have done which I feel breaks CSA Code of Practice, the list will be endless, lol :grin:

 

Keep us updated on your progress.

[debt4get]

ooh lots of good info here, many thanks little miss complaint and everyone else. i'll make sure i have a good reread of everything to make sure i understand it all then call asap.

 

in regards to "next years bill" we were told that if we payed the £16 agreed we would still be in arrears when the next bill arrived and that the bill would be past on to them ...blah blah we will only accept thirty odd pounds or the bailiffs are coming.

 

will keep you posted on how we get on

 

thanks again for your time,

moorcrap have no right to tell you they will send in bailiffs the only people who can do that are the courts, this is just an empty threat, demand a breakdown of the account with all charges and do not deal with them on the phone.. you have probably already noticed...they lie... only pay what you can afford not what they insist on, and like previous poster has said I personally would not deal with em but return to your water provider and work out a reasonable repayment plan with them

[debt4get]

my balance owing is for a mobile contract so they have no obligation to provide a CCA as their client will only state that for a copy of the original agreement i have to contact the store i opened the contract at, as no mobile phone provider has a copy of your contract, it stays with the dealer.

moorcroft are again lying to you they must supply you with a cca and it is their obligation... it is the same as you ringing them and saying... you owe me money pay up!!! no proof ... let them come up with the proof that they have the right to even collect on this account...and also NEVER deal with these idiots on the phone ALWAYS by letter only

here is the letter to insist on cca agreement they have 12 days to comply or the account goes into default and they then have no right to enforce payment

 

 

CONSUMER CREDIT ACT 1974

 

]To Whom It May Concern:

[Your Reference: Agreement Number: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY[/font][With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matterThis is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on requestYour obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter. I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the ActNon-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authoritiesIn summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER 1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor and Moorcroft

4. Fair Processing Notice

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request. If you fail to comply with a legitimate request the account enters a default situation, and if you fail to comply after a further 30 days you commit an offenceAs 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 issuedTake note at this stage, that any legal action you may contemplate will be both vigorously defended and contested Further to the above, please ensure 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 - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue 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 fineMay 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 attendanceAs this account is now in dispute, I would also draw your attention to The Banking Code Section 13.6:-[/We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.[]·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: Office Of Fair Trading 664 Response to consultation paper and final guidance on unfair business practices dated July 2003Deceptive and/or Unfair Methods-2.8 Examples of unfair practices are as follows:- Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the Office Of Fair Trading upon the basis that you have failed to comply with the Office Of Fair Trading's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a Consumer Credit Licence under the 1974 Act. If you do not understand what this means then please seek advice from your legal department.[/font][I look forward to hearing from you within the statutory time limit.[/font]Yours faithfully

[Pinky69]

Mobile phone contracts are not covered by the CCA 1974. They do not provide credit - they are service agreements. Neverthe less you should have something from the compant to say that Moorcroft is assigned to collect the debt on their behalf.

[little miss complaint]

Unfortunately Pinky69 is right about the CCA 74. Whatever network a mobile contract is with, if you request a copy of the contract, you will always be referred to the dealer you opened the contract with as your network provider doesn't have a copy of the contract, it stays with the dealer.

 

I have however stopped dealing with them over the phone and on the rare occassion I call to check on the progress of my account I record my calls. I have had a response from my complaint, which I have responded to as they have failed to answer all my questions, especially the one about why their staff failed to note on my account that I suffer with severe depression. They have admitted they have 'training issues' and I am now waiting for their final response so that I can raise this with FOS, but I've been waiting 2 weeks and no response as yet.

 

Thanks all for your help and advice

[vityaz]

Been having trouble with them myself lately. I wrote to them early last year stating that I was currently of no fixed abode, I have mental health problems and overcoming a substance abuse problem I decided to live rough for a while (I know it sounds odd but its actually a benefit) and wrote to them communicating this. Despite this they keep sending letters to my partners house saying I havent paid them (demonstrably untrue) and when my partner rang up to tell them last month to tell them they were mistaken and that I wasnt even living there and had informed them of this they again fibbed and said they havent received any such letter (again demonstrably untrue - It was sent recorded delivery) personally I have no intention of contacting them by telephone as whenever I do they apply pressure trying to get more money out of me than I can afford to give them.

 

If they threaten me with bailiffs or a home collection visit I will laugh - I now live in Northern Ireland where it is illegal to eploy private bailiffs to collect a debt even with a court order. Any court orders related to debt that are not being paid are handled by the enforcement of judgements officer in Belfast, and they would only visit and remove goods as a grave last resort because theyre not paid by results. Additionally any court action taken against me they would have to take at a court over here so when they say theyll have to take me to court im equally amused. Itd be a long drawn out process to take me to court here when theyre based over there and no guarantees of success. Plus I understand that lately courts are often tending to side with debtors.

 

As a final note whenever of them threaten me with bailiffs I always make a point to inform them that I have mental health issues that make me prone to violence and violent behaviour, and that any visit by bailiffs is almost certainly going to lead to a confrontational situation. When I inform them of this they usually so 'Are you making threats there?' to which I reply 'I would never dream of making threats, I am merely giving you all the information you will need to ensure you carry out the proper risk assessments necessary to ensure the safety of your employees and agents' So far ive had this three times with DCA's threatening me with bailiffs, and seeming to think I dont know that court action precedes anything a bailiff can do

[Revenant]

Hi vityaz

 

Welcome to CAG

 

It might be wise to start your own thread as this one is two years old

 

If you click on the triangle at the botton of your post ask the site team for help

 

Regards

 

R

[count orlok]

Moorcroft should have stuck to making pottery, they are quite good at it as it often seen on the likes of bargin hunt. As DCAs they are a complete joke. Usually their first letter is of the type that is "valid even if not read". What a load of tosh.

 

Do not speak to them on the phone, do not even waste money on a stamp or paper. Just go to their website and send them an e-mail. keep a record of the mails you send them. The countess and I have been contacted by them loads of times, all of the time we had already been paying the OC so carried on. I have only ever received one answer from an OC in regards to Moorcroft and that was to say they had nothing to do with them! I'm not sure who they employ to write their letters, their templates are bad enough. One of their favourite is to say that they have contacted a major utility company to varify my residence at my address (idiots had been writing to me at said adrees fro months and I had answered them)! When told that utilities comapanies should not be giving out this kind of info and chalanged them for the name of the utility company, they told me Abby National.

 

My view is once you have been contacted by Moorcroft you are clearly the one in control of your position.