Moorcroft Advice Please

[thepalace1]

Good afternoon everyone, am very new here, been reading the threads for a few days now.

 

I have just received a letter from Moorcroft Debt Revocery Limited.

 

The Letter is as follows:

 

Moorcroft Debt Recovery Limited

~ Pre-Court Division (IN RED)

 

NOTICE OF INTENDED LITIGATION

 

Dated 10/07/2009

 

To prevent the above action please send payment before 17/07/09 or Telephone 0161 475 2876 immediately.

 

Current Balance: £313.85

Solicitors Costs For Issue of Claim Form: £50.00

Court Fees for Issue of Claim Dorm: £40.00

Solicitors Costs For Issuing Judgement (by Default): £25.00

 

Total Debt (if judgement is obtained) £428.85

 

 

 

---

 

 

So i called them to dispute the debt ( to Studio Cards & Gifts ) and was telling them i never owe this money.

 

They said they will put a hold on the file whilst they investigate. He put my phone call on hold for a minute whilst he checked something with another colleague. When he came back he said he needs to see a copy of my signature to check against the files that Studio Cards hold:

 

I said, after taking advice, I will not be prepared to send my signature to you. ( After reading many cag threads, i have seen mention numerous time that you should never SIGN letters but PRINT them, so I thought, NO WAY MR MOORECROFT)

 

He then said that he would be unable to continue with the hold on the file and has re-opened it.

 

I said to him that I believed that once I had made my notification that the account is in dispute, that is against thr rules to continue chasing this debt. He said he was quite within rules and regulation as i owe this debt.

 

Then after putting the phone down, 15 minutes later i received a phone call form Moorecroft DR, demanding I pay the balance there and then, even after I informed him that this case is now in dispute.

 

Can anyone give me some advice, should I send a CCA Request for the Credit Agreement.

 

 

Thanks in advance

 

 

David

[cerberusalert]

Can anyone give me some advice, should I send a CCA Request for the Credit Agreement.

Yes & refuse to speak to them on the 'phone, tell them everything must be in writing.

[PGH7447]

send them a cca request by return make them work for it, and dont speak to these idiots again, everything now in writing

 

PS the pre-court division is just a scare tactic used by these morons

[thepalace1]

Yes & refuse to speak to them on the 'phone, tell them everything must be in writing.

 

send them a cca request by return make them work for it, and dont speak to these idiots again, everything now in writing

 

PS the pre-court division is just a scare tactic used by these morons

 

 

Thanks cerberusalert, thanks PGH, Will send of the request with £1 today, Do I need to send it Moorcroft or Studio Cards?

[thepalace1]

Just a thought.

 

When I started using Studio cards, I never signed anything. I placed a first order with them over the phone for 2 childrens bikes, total £110.00. My credit limit i was told was £100 so i would need to make payment of £10, for the order to go through. Which i did. The first and last order ever to studio, so how i ove £313.85 is anybodies guess.

 

 

So why would they need my signiture to compare with Studios files. Sound fishy too me, like they would almost be delighted to get my signiture for there unconditional use. Not making any allegations here though

 

 

 

 

 

 

--------

I do have a debt with Studio Cards, but it is no where near £300+.

I got 2 bikes last christmas totalling £110.00. £10 paid by debit card so £100 outstanding thats all.

[cerberusalert]

Moorcroft

[sam614]

to moorcroft.

 

and welcome to cag:)

 

SAM

[cerberusalert]

So why would they need my signiture to compare with Studios files. Sound fishy too me, like they would almost be delighted to get my signiture

Now your catching on.

[thepalace1]

to moorcroft.

 

and welcome to cag:)

 

SAM

 

Hi SAM, thanks for the welcome.

 

I have been reading this forum for a few days now. I am getting a huge adrenalin rush by trying to fight back with these Debt Collection people. IS THAT WRONG???

 

I has one the other day from RED, for a £1000+ debt to HSBC in 1999, After reading these forums and subsiquently infroming RED that this debt is surely Statute Bared, the agreed and closed my file, also sending written confirmation that it is now closed. The feeling I got after that was jubilation.

[sam614]

Hi SAM, thanks for the welcome.

 

I have been reading this forum for a few days now. I am getting a huge adrenalin rush by trying to fight back with these Debt Collection people. IS THAT WRONG???

NO ITS HEALTHY.

I has one the other day from RED, for a £1000+ debt to HSBC in 1999, After reading these forums and subsiquently infroming RED that this debt is surely Statute Bared, the agreed and closed my file, also sending written confirmation that it is now closed. The feeling I got after that was jubilation.

 

am jubilant too knowing the losers have lost out again:-D

 

SAM:pLOWELL DETESTER

[babybear39]

Moorcr@p have a nasty habbit of sticking huge charges on accounts when they get them and hope innocent people will pay them. I did I know better now though

[master woody]

moroncroft are quite easy to get rid of, in my experience

[babybear39]

Pre CAG I was terrified of them

[little miss complaint]

Hi

 

I'm glad to hear you're fighting back. Firstly a CCA request is useless as you have not signed anything, you agreed to the t&c's verbally over the phone (which according to several law websites I have looked, is as legally binding as a written contract). The amount owing may have increased as you have not made the agreed payments to Studio, so they will of course, have been adding a late/non payment charge every month, plus interest on your original balance, so depending how long it has been since you last made a payment, then the balance could be correct. Your best bet is to tell Moorcroft you need a statement of your account issuing, so you can see how the balance has accrued.

 

I would disagree with everyone who states not to speak to them on the phone. They have just credited one of my accounts due to their inept staff giving me endless amounts of false/misleading info on the phone, which would not have happened if I had done everything in writing. So for me it worked out great cos I've ended up having a balance I owe credited, cos I spoke to their staff and they lied to me

 

Hope this helps.

[PGH7447]

Hi

 

I'm glad to hear you're fighting back. Firstly a CCA request is useless as you have not signed anything, you agreed to the t&c's verbally over the phone (which according to several law websites I have looked, you ask for a cca to see the agreement, if these firms want to act on a verbal agreement that is their lookout no signed agreement no enorceable debt:mad: is as legally binding as a written contract). The amount owing may have increased as you have not made the agreed payments to Studio, so they will of course, have been adding a late/non payment charge every month, plus interest on your original balance, so depending how long it has been since you last made a payment, then the balance could be correct. Your best bet is to tell Moorcroft you need a statement of your account issuing, so you can see how the balance has accrued. rubbish you send a sar to the original creditor

 

I would disagree with everyone who states not to speak to them on the phone. They have just credited one of my accounts due to their inept staff giving me endless amounts of false/misleading info on the phone, which would not have happened if I had done everything in writing. So for me it worked out great cos I've ended up having a balance I owe credited, cos I spoke to their staff and they lied to me

 

and by writing they cant lie to you so you win anyway

 

Hope this helps.

 

PGH:mad:

[The GodMother]

You need to send a cca request.

 

The OFT have told me that even if i did apply for the account over the phone they should not hve extended me the credit without a credit agreement. There fault they wont have one Studio never do in my opinion based on the threads i have read on here and on my own experiances.

[little miss complaint]

To say that no signed agreement means it isn't enforceable, is like saying utility companies can't pursue you either, as you don't have any signed agreement with them, it's only verbal, yet we all still pay them without any signed agreement!

 

Sending a SAR costs you, requesting a statement of account from Moorcroft is free.

 

The way round this is to check to see if you received confirmation of the agreement you made over the phone with them, as I have checked and under Distance Selling Regulations (which covers agreements made over the phone) you should have been provided with 'pre-contract' information in writing. If they haven't provided you with that it might be worth checking if the agreement is enforceable or not, if you never received confirmation of you 'contract'.

 

Hope this helps.

[cerberusalert]

To say that no signed agreement means it isn't enforceable, is like saying utility companies can't pursue you either, as you don't have any signed agreement with them, it's only verbal, yet we all still pay them without any signed agreement!

That's a totally different kettle of fish, utilities are not covered by the CCA 1974.

[little miss complaint]

I am aware of that and it is a radiculous notion, as is stating no signed agreement means unenforceable debt! but requesting a CCA from a company you made a verbal agreement with is a waste of time. Why does everyone instantly advise to do a CCA request or SAR no matter what the query is?

 

The best option for him is to check if he received the documents as outlined in the Distance Selling Regulations and tell Moorcroft to send him a statement.

[thepalace1]

Thanks everyone for the replies, I am now stuck not knowing if i should post this cca request.

 

I never ever received anything other than statements from Studio Cards, no Pre-Contract, no Confirmation of Verbal anything.

[cerberusalert]

Yes, send the CCA request & do not sign it; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[sam614]

look at the years of help given and the reps of .

 

cerberus. pgh. and the godmother.

 

If i was you i would take their advice.

 

SAM:pLOWELL DETESTER

[thepalace1]

Many Thanks, CCA Posted Today, will keep updating when I receive anything else

[cerberusalert]

As you know you have never signed anything for Studio cards so they won't be able to provide you with an enforceable CCA, but what they will do is send you a blank CCA form back...probably with your name & address filled in by them & a letter stating that they have fullfilled your request by providing a 'true copy'. Don't worry, it won't be worth the paper it's written on.

[PGH7447]

I am aware of that and it is a radiculous notion, as is stating no signed agreement means unenforceable debt! but requesting a CCA from a company you made a verbal agreement with is a waste of time. Why does everyone instantly advise to do a CCA request or SAR no matter what the query is?

 

The best option for him is to check if he received the documents as outlined in the Distance Selling Regulations and tell Moorcroft to send him a statement.

 

I hate to say this but some of your comments a way off base and are more aligned to a dca employee.

 

The reason we say go for a cca is to get the OC and the dCA to prove an agreement as stated in the credit agreement act exists, if these companies are too stupid to offer credit without the proper paperwork then that is their lookout.

 

we do NOT advocate debt avoidance what we offer is advice on HOW to PROVE the debt actually came about.