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kempo33

please advise if you can.

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Hello all,

 

I was wondering if anyone here can give me some advice on my rights and what to do.

 

A little history,

 

I became ill about 7/8 years ago with severe Agoraphobia, anxiety and depression. since then i have only left the house to see doctors and specialist. then a few years ago i got a motorcycle which enabled me to leave the house under cover. I cant meet people or be in any social situation.

 

during this time i got into a lot of debt, about 40,000 worth.

i was paying it all off for a few years then i went in to an IVA which failed after a year or so.

I didnt hear anything for about a year and a half apart from my smallest debt which was £200, this i payed.

 

yestaerday i received a letter from a company called Moorcroft Debt recovery for part of my overall debt.

 

Pre-Court Division

 

''We have been instructed by Tesco personal finance to collect your overdue debt of £14157

It is a legal requirement to send a notice of intended litigation before legal proccedings in the county court are issued. This letter fulfils this requirement even if it has not actually been read by you.

 

To prevent legal action from being taken by external solictors instructed to act on behalf of our client it is essential that you settle this debt without delay. Payment should be submitted in full within 7 days or contact made with thiis office immediatly by telephone, or by letter with your payment offer. Both our client and we do not wish to take this action but if agreement cannt be reached by 18/08/09, a claim may be issued by our client's solicitors without further notice.

We draw your attention that is judgement & an order for repayment in full is obtained and remains unpaid enforcement of debt may be sought by one or more of the following procedures.

1. Warrant of execution by bailiffs against goods owned

2. application for attachment of earnings order with your present or future employer

3. application for a charging order on any property you may own or are purchasing under a mortgage

 

We would emphasise that should judgment be entered against you this may affect any future credit applications you may make elsewhere. We would also draw to your attention that all legal costs incurred are usually payable by the debtor.

 

All payment to moor debt recovery Ltd.

 

 

 

 

 

Now this has scared me. They are ringing every few hours so i rang them up. they asked how much i could pay and i told them im on DLA benifit and i coudnt afford to pay anything and i also said that i thought they couldnt touch that. the reply was YES they can.

I asked for the credit agreement and they said after i sent them £1 they would send me it. they also said they will not ring for 8 days.

 

I have no assets apart from a 5 year old bike which is my only means of ever leaving the flat and is a major tool in my recovery. without it i would be locked in this prison and totally isolated from the outside world.

 

can they come and take my property?

what will they do now?

what can i do now?

 

Also, i have a £400 debt with the halifax (credit card) but they havent closed my current account and have even offer to increase my overdraft which i declined.

I dont get it, i thought they would close my account. i have only had ! statement from them in the last year.

 

As for the rest, i havent heard a thing. do you think they will come?

 

All this stress is adding to my illness and the depression is getting really hard to cope with.

What happens if i have to go to court, i just will not be able to go.

 

Hope someone out there can help with some advice

Thanks

Edited by kempo33
missed typed

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YES they can.
No they can't

can they come and take my property?
NO, not without a warrant of execution & to get that they would need a CCJ which you have not complied with.

what can i do now?

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


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Hi Kempo33 ,I would not worry too much about moorcroft , they threaten lots of things with very little action when it comes to it. just wait for the CCA and go from there .

sleepingdog

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Ok firstly try and relax a little, I know it is easier said than done, but nothing will happen about this overnight, they won't just turn up tomorrow morning, kick your front door in and take everything you own, so you can relax, there is a lot of hurdles they have to jump in order for the situation to ever escalate as far as that!

 

First things first, stop talking to them over the phone, as when you do, only they have a recording of it (unless you can record your calls) and when they threaten you with anything like bankruptcy sending 'bailiffs' to remove property, you won't have any evidence of their threats, and they will conveniently lose the recording!

 

So keep everything in writing, if they ring you up, just tell them everything must be in writing, and put the phone down.

 

Anything you do send to them must be sent via recorded delivery, as they will 'claim' not to have received your letters:mad:

 

Moorcr@p are very good at sending out those threats of 'pre-court division' letters, I have a number of those my self, it's always full of 'may' could' possible' threats.

 

Is this the first letter you have received reference the debt?

This letter fulfils this requirement even if it has not actually been read by you.

This comment is incorrect, as they have to have proof that you have indeed been informed of their intended action, no doubt the letter was sent 2nd class or even walk sort, and not via recorded/signed for delivery?

 

The first thing to do, is to find out if they are indeed legally entitled to receive payment from you for the alleged debt, this is done by sending them the CCA request letter, again send it recorded delivery so you know when they have received it, enclose a £1 postal order also which is the statutory fee for this request, they have 12+2 days in which to respond with a legally enforceable Credit Agreement, if/when they don't you can place the account into dispute and legally withold all payments until such time as they do provide the document.

 

Also do not sign your name, PRINT IT ONLY.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi all,

Thank you for your help and advice.

I sent a CCA request with a £1 postal order to Moorcroft only. i also sent a very long letter explaining my situation and medical condition and asked if they were willing to write off my debt as i have no way of paying now or in the foreseeable future. and that i have absolutely no assets.

 

A few weeks late i received this reply..

 

 

23rd september 2009

Dear Mr .....

Re: Moorcroft Ref: ~~~~~~~~

Client Ref ~~~~~~~~

We refer to your previous correspondence in respect of the above and duly confirm that our client has confirmed that they have ordered a copy of your agreement which should be with you shortly.

As we have confirmed with your original request we confirm that the hold which was previously applied to your account has been removed and that our normal collection methods will recommence aftera period of 7 days from the above date.

We therefore request you make contact to discuss your proposal for repaying this debt.

Should you have any questions or require any addittional information please do not hesitate to contact us direct on the above telephone number..

 

I also got a letter from Tesco Finance (who my debt was with) with this was my £1 postal order and my original request for a CAA and my letterthat i sent Moorcroft. i never sent them any letters before.

 

 

28th September 2009

Dear Mr ~~~~

We return your letter, as attached, which we are unable to action without our reference number.

Please can you provide us with the sort code and account number as we cannot relate the reference number you proveded to any account.

Thank you for your assistance in this matter. We look forward to hearing from you.

I havent responded to any of these letters and im left confused.

Its been 2 months since i oringinaly sent my letter and im without CAA and no one has phoned or sent me anymore letters since these replies.

 

Where do i stand now?

What should i do?

 

Tesco's debt is about 15000 but i owe over 40,000

i havent heard a thing for a couple of years from all my other debts and im not sure on the rules about this.

If the others do not contact me, Do i have a time line where they write off my debt?

Also one of my debt is with my current bank, about 4k credit card, and they havent closed my accounts( current and cardcah) , kept my very small overdraft and havent sent me one letter since my IVA failed in 2007/8

 

any advice will be appreciated

 

Thank you

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If the others do not contact me, Do i have a time line where they write off my debt?
6 years between x date and the last payment made. (Although the debt will still exist it will be unenforcable)

You can of course CCA the credit card debts and any finance debts etc. (not mobile bils, overdrafts)

 

 

With regards to the reference number. What ref did you include on your CCA request ? I believe that as long as you included your Moorcroft number and sent it to Moorcroft then its there job to inform tesco and provide the original reference numbers, in which case you can just sit back and wait for a CCA to be sent. They are the agents for tesco so they have all the information that tesco need.

In my opinion this is an attempt to confuse things and buy time.

 

Did you send recorded delivery ?

Edited by ashmk

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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Yes, i sent the letter recorded delivery and i did use my moorcroft account number. They obviously know who i am and my details.

 

 

6 years between x date and the last payment made. (Although the debt will still exist it will be unenforcable)

 

would this include any IVA payment or the last time any of the companies took payments from my account?

Also, you say the debt will still exist, does that mean it will still be on my credit file?

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would this include any IVA payment
Yes.

Also, you say the debt will still exist, does that mean it will still be on my credit file?
It means it would still exist morally but legally they could not take any enforcement action. Any reference to it would drop off your credit file six years after the original default in any case.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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what about the one that sent me statements a couple of times a year?

or any that have sent letters once or twice but nothing for a year or so.

 

thanks for your help

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Unless the debts are Statute Barred or are unenforceable for some other reason such as they cannot provide a CCA, then they will be able to pursue the debt at any time.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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OK, I feel you are trying to run before you can walk here, 'slowly slowly catchy munkey'

 

If you sent a CCA request to Moorcr@p and they are the DCA (debt collection agency) employed to seek payment from you in respect of the outstanding debt 'allegedly' owed to Tesco, then the account should be placed into dispute, send them this: http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

You do not need to send this letter to the OC (tesco) as Moorcr@p 'should' send it on to them.

 

If you sent the CCA request to Moorcr@p and they have failed to respond (Within 14 days) then the account is very firmly in dispute, you can 'legally' withhold any and future payments to them, and you should do so until such time as they provide a 'legaly enforceable' agreement.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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