moorcroft debt recovery

[catwoman150]

I know that its a long post, but please have a read.

 

I have a citi credit card and have a big balance on it. I have arranged to pay them an amount each month since nov last year, which they have accepted, up until now. I normally pay at the begining of the month so citi have already had my July's payment.

 

Without warning they have sold my debt onto Moorcroft. Moorcroft have sent me a letter that states I have 7 days to pay the balance off in full or contact their office to arrange a payment plan, or they will start proceeding against me ie a CCJ or the bailiffs.

 

Now the date on the letter is 3 days old so that only gives me 4 days to come to an arrangement with them. I phoned them this evening when I opened the letter and offered them the same amount that I was paying citi. They have said that they can't accept that amount as citi would like me to pay the debt off in half the time that I had arranged with citicards. They also said that they are looking for double the amount that I was paying citicards.

 

I explained that I could not afford that and I could only offer £10 more than I was paying citicards. They then asked for a payment for this month and I said that I could not pay anything this month as I had already paid citicards, then they said that if I gave them my card details they would see if the payment would go through and I said that I would have to check my bank account first. I said that I would get back to them tomorrow. The person that I spoke to then said that I would have to re arrange tomorrow night and it depends on the person that I spoke too tomorrow night to what arrangement can be made for me.

 

Can anyone give me any advice on how to handle Moorcroft from here on in and I have heard that they can be a bit awful.

 

Thanks

[postggj]

for a start its a commission hungry threat monkey you spoke to

he would sell his own mother for a buck

 

first thing they do is get you to make a payment of a quid

that not only acknowledges the debt but they then have your card details

 

do not speak on the phone

dont answer security questions and keep repeating

ever thing in writing

 

only a court can send baliffs, if ever

 

how old is the citi account may i ask

i bet there are shed loads of charges also

[cerberusalert]

or they will start proceeding against me ie a CCJ or the bailiffs.

For these idiots to be able to use the services of a bailiff they would need to have a CCJ & only if you failed to keep to payments ordered by the court.

 

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

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 attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[catwoman150]

for a start its a commission hungry threat monkey you spoke to

he would sell his own mother for a buck

 

Yes I think that they would do

first thing they do is get you to make a payment of a quid

that not only acknowledges the debt but they then have your card details

 

do not speak on the phone

dont answer security questions and keep repeating

ever thing in writing

 

only a court can send baliffs, if ever

 

how old is the citi account may i ask

I have had the card for years I have only had about 3 lots of charges before last november. Since nov though I don't know if any charges I have on the account.

i bet there are shed loads of charges also

 

 

Ok then if I write a letter to them what shall I put in it? and also I would like it sorted before they start any kind of proceeding against me, if they are going to do that or do you think it may just be a threat.

[postggj]

most dca are all just hot air

its mind games

look at the letter

we might

we could

 

send cerberusalert letter as above

enclose a 1 quid postel order

print dont sign and send recorded delievery

[catwoman150]

For these idiots to be able to use the services of a bailiff they would need to have a CCJ & only if you failed to keep to payments ordered by the court.

 

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

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 attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

 

Thanks for the letter, so do I send this off to them and not get intouch any other way till I get a letter back from them to see if it is enforceable or not. Also so I dont set up any kind of payment plan with them. Is that right - what would happen then?

[catwoman150]

Thanks all I will post it off tomorrow - we will see what happens next.

[cerberusalert]

They have to prove that the debt exists and they are entitled to collect it. The letter they sent you is designed purely to scare you into contacting them & they are trained to extract as much money as possible from you. Under no circumstances should you telephone them, everything must be in writing, that way it leaves a nice paper trail & they would not dare commit to paper what they would say and threaten on the telephone.

 

Unless you have been notified that this debt has been sold on by whoever you have been paying, i would not pay them anything.

 

Did your original creditor send you a 'Default Notice', 'Notice of Termination? If so can you scan them, remove identifying details & post them up for us to have a look at?

[catwoman150]

They have to prove that the debt exists and they are entitled to collect it. The letter they sent you is designed purely to scare you into contacting them & they are trained to extract as much money as possible from you. Under no circumstances should you telephone them, everything must be in writing, that way it leaves a nice paper trail & they would not dare commit to paper what they would say and threaten on the telephone.

 

Unless you have been notified that this debt has been sold on by whoever you have been paying, i would not pay them anything.

 

Did your original creditor send you a 'Default Notice', 'Notice of Termination? If so can you scan them, remove identifying details & post them up for us to have a look at?

 

 

Ok, so they have scared me a little with that letter. Citicards phoned me a month and a bit ago to inform me that they were terminating my agreement, but I don't think that I have had a letter from them to tell me. At the time I did not think anything of it as I thought that they were just scaring me. I will have to check tomorrow or when I get a minute. Citicards have sent me a Default notice I think somewhere, that was a couple of months ago.

[cerberusalert]

then they said that if I gave them my card details they would see if the payment would go through and I said that I would have to check my bank account first.

Under no circumstances give them these details. If they 'phone back tell them that you have written to them & from now on everything must be in writing and you will not discuss financial matters on the 'phone. You must be firm with them.

[cerberusalert]

The default notice is important so if you can find it, post it up.

[catwoman150]

Ok I will do when I get a spare minute, maybe tomorrow night

 

Thanks for the advice.

[catwoman150]

I have sent off the above letter off today, recordered and with a postal order will have to wait and see. Shall I still write a letter with an offer amount which I wish to pay to them.

[cerberusalert]

I'd wait for the time being to see what the CCA request reveals.

[catwoman150]

I have got a letter back from Moorcroft about my CCA request. It states and quote

 

"We duly confirm that we have requested the relevant documentation from our client and once received we will duly forward the same to you. Meanwhile, we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary.

In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential area of dispute are addressed prior to any possible court action or futher investigation.To this end can you provide any indication of the information you will be relying upon, when giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account.

 

Please could you provide this information by return as this will ensure that all possible areas of dispute are identifed as quickly as possible thereby minimizing potential costs and delays."

 

 

So does this mean that they want to know what i am looking for in the CCA, and do you think that they will still want court action.

 

Do I need to worry about this letter?

[cerberusalert]

Do I need to worry about this letter?

 

 

No, it's their standard rubbish reponse. just ignore it.

[catwoman150]

No, it's their standard rubbish reponse. just ignore it.

 

oh ok then

[cerberusalert]

Have you found the default notice yet?

[catwoman150]

sorry, no not yet. I have been looking for it. I will have to have a good search for it.

[catwoman150]

I found it, but how do I upload it on the website?

[cerberusalert]

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

[catwoman150]

this is my default letter

Edited July 22, 2009 by catwoman150

[cerberusalert]

Right, now I'll explain why I harped on about you uploading the DN.

 

They have to give you 14 days from service of the DN to remedy the default otherwise the notice is defective. In your case they haven't done that, they haven't allowed for postal service. When this happens and they terminate the a/c it is called 'Unlawful Rescission' of the a/c & all they will legally be able to claim are the arrears up until the default. The remaining balance will have to be written off.

 

Keep that notice very safe along with the envelope if you have it. Do not let them know that it's defective otherwise it gives them the chance to reissue a correctly served one. All you have to do now is wait for them to terminate the a/c.

Edited July 22, 2009 by cerberusalert

[catwoman150]

I think that I have had a letter form citi to terminate the account. Then I got a letter from moorcroft, saying they want all the balance paid in full. I know that Moorcroft have not given me 7 days with postage and that they have only given me 4 days.

[cerberusalert]

That's good, now all we need is the copy of your CCA. If that's unenforceable they are entitled to zilch, if it is enforceable they are only entitled to the arrears.