Moorcroft - Please could you advise

[nervous_wreak]

Hi there,

 

I have attached a scaned image with details blanked out as they are taking me to court. This letter is a new one to me, because this debt before was with Robinson way, so have no idea why they have got it now. Last thursday I sent them a letter with the following (minus my address details)

 

 

Moorcroft Debt Recovery Limited

2 Spring Gardens,

Stockport,

SK1 4AJ

 

Dear Sir/Madam

 

Moorcroft Reference: xxxxx

Client Reference: xxxx

 

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.

 

We look forward to hearing from you.

 

Yours faithfully

xxxx

 

 

Now the issue is, was I too late. I am getting phone calls from Moorcroft, well my wife is and I am chasing up with Royal mail if Moorcroft had recieved my letter. I sent it to them special delivery on Thursday.

 

My question is that I just want to see if they have got the debt, as Robinson looks like it hasn't. If they could give me proof i would setup a payment plan. Reading their letter was I too late in sending them the letter I passed

 

Please could anyone kindly advise

 

Much appreciated

img-902085249-0001_copy.zip

Edited September 2, 2009 by nervous_wreak

[Red1983]

Hi there,

I too am dealing with Moorcrap.

From what I have larnt at CAG, I would say that you are never too late to ask for the agreement as it is our right. If they dont have an agreement and they take you to court, then I am sure there chances of winning are seriously reduced, there are losts of legal knowledged people here that I am sure will come and help you out soon.

I am also sure that Moorcrap dont take anyone to court, but they just send out threats.

The latest letter I have had is not that they will take me to court, but they will pass it back to the original creditor to take me to court. LOL

I am in the process of replying to them now.

From what people have advised me of on here, they are just bully boys.

Hope this helps a little, im sure some better than me will be along shortly.

 

Regards,

 

Redxxx

[Red1983]

One other thing, the attached letter of Moorcrap is too small to see lovey.

Red

[shakespeare62]

Can't read the thumbnail letter from Moorcroft.

 

Are Moorcroft threatening legal action ?

[nervous_wreak]

Hi there

 

Many thanks for the replys, Yes they are. I have edited the original message now, and zipped up the image, so if you extract it, you can see

 

Good luck by the way Red

[shakespeare62]

Hi there,

 

I have attached a scaned image with details blanked out as they are taking me to court. This letter is a new one to me, because this debt before was with Robinson way, so have no idea why they have got it now. Last thursday I sent them a letter with the following (minus my address details)

 

Now the issue is, was I too late. I am getting phone calls from Moorcroft, well my wife is and I am chasing up with Royal mail if Moorcroft had recieved my letter. I sent it to them special delivery on Thursday.

 

My question is that I just want to see if they have got the debt, as Robinson looks like it hasn't. If they could give me proof i would setup a payment plan. Reading their letter was I too late in sending them the letter I passed

 

Please could anyone kindly advise

 

Much appreciated

 

 

Moorcroft usually abide by the rules and stop debt collection activity whilst dealing with a copy agreement request.

 

You sent your request on Thursday so they've only had it 2 working days. They will probably reply to you by 2nd class post, to inform you that your query is being investigated.

 

In the meantime, if you're worried, and if they have threatened legal action you could send them the letter below - click link and open the doc posted there.

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/216795-halifax-bos-response-dispute.html#post2389621

Edited September 2, 2009 by shakespeare62

[shakespeare62]

Just read your zipped letter from Moorcroft.

 

You definitely should send the sample letter I suggested today. Send by Special Delivery if possible, change the letter heading from important, to URGENT - IMMEDIATE ATTENTION

[shakespeare62]

If u can't afford special delivery, then send by recorded delivery and fax (if possible).

 

Can u confirm the date your s78 request was delivered to Moorcroft by Special Delivery ? Was it Friday 28th August ?

 

OFT debt collection guidelines (OFT 664) prohibit Debt collection activity, whilst an account is in dispute.

 

In your case, it appears that the original creditor (OC) has failed to notify you before passing the account on to a different Debt collector - in this case Robinson Way, and then Moorcroft. It is a breach of OFT guidelines to use more than one Debt Collection Agency at the same time.

[shakespeare62]

BTW my advice is not to talk to them on the phone - keep everything in writing, so there is no misunderstanding about what is has been said.

 

From now on keep a paper trail for everything.

 

There is also a sample harassment notice regarding the incessant phone calls here :-

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/216795-halifax-bos-response-dispute.html#post2390352

Edited September 2, 2009 by shakespeare62

[Red1983]

Hi there

 

Many thanks for the replys, Yes they are. I have edited the original message now, and zipped up the image, so if you extract it, you can see

 

Good luck by the way Red

 

Thanks very much;)

This is there usual crap standard letter, but I always cover myself just in case.

 

Let us know what they send back.

 

Red

xxxx

[shakespeare62]

Wot was the status with Robinson Way - did u send them a copy agreement request as well ?

[shakespeare62]

To empower you, a copy of the Office of Fair Trading Debt Collection Guidance (OFT 664) can be downloaded here (its about half way down the list) :-

 

The Office of Fair Trading: Consumer Credit Act

 

It's worth printing out.

 

Keep us posted. Even if Moorcroft can produce an agreement, it would have to fulfill certain criteria to be enforceable in Court.

[nervous_wreak]

Hey there shakespeare62

 

Many thanks for your help, I have sent out that letter via special delivery so they should recieve it tomorrow. Also Royal Mail are investigating about the other letter as they don't have anything on the system to say Moorcroft have recieved it, they said it could be down to the postal strikes that they didnt sign it, so it is now under investigation. I just hope Moorcroft did get it.

 

No I was paying Robison until i got kicked out of my old job, I did ignore there letters, but then the beginning of this year, i did send a letter saying i can repay again becuase i got a new job. Didnt hear anything, until Moorcroft came on the scene

 

I didn't send Robison a copy agreement request

 

The ball is now with Moorcroft once they get the letter tomorrow

[Desperate Daniella]

Hi NW,

 

This is a bog standard Moorcroft letter. It actually says a claim "may" be issued, and the enforcement options "may" be considered.

 

I've never heard of Moorcroft taking anyone to court. You have sent your letter so you'll either hear nothing or that your complaint is being investigated and they are holding collection activities.

 

DD

[idon'towemoney]

Hi Nervous Wreak

 

Just had a look at your letter from Moorcroft, I know it's fuzzy, but it reads exactly (word for word) the same as my letter from them a few days ago. I wouldn't worry too much as it's only a threatogram.

 

I do have another thread regarding my letter from Moorcroft as my allege debt is from Virgin Media, VM shouldn't of passed my allege debt to Moorcroft as I took them to Court last Tuesday (25th Aug) and won, so now monies that were owed to VM have been written off by the judge. My letter from Moorcroft was dated 2 days after my court appearance (naughty naughty) so I had pleasure writing to Moorcroft and telling them to bog off and enclosed my General Form of Judgement or Order from the court.

[nervous_wreak]

Hi there

 

Sorry to resurrect this threat, but it seems Moorcroft is not listerning, I got a new letter through today in a yellow envelope, Please could someone check this letter.

 

I still haven't recieved anything anything back from them with my request that I had asked. I sent them a letter which they recieved by special delivery in September. I used Royal Mail track and trace and saw the confirmation

 

Please could you advise on what to do

 

Many thanks for your help so far

moorcroft.zip

[sleepingdog]

Hi NW ,I have had many of the same letters from moocroft ( pre legal division and all other manner of headings) ,I even was one of the chosen few who had a doorstep visit, but they grew tired of wasting their money and getting nothing in return. They will eventually pass the account back to the origonal creditor who is likely to pass it to another DCA and it all starts again. In all of the time I have been in debt I have yet to be taken to court by a DCA ,so far only OCs have done so and they have got very little out of me so if I was you I would'nt loose any sleep over moorcrofts latest attempt in collection.

sleepingdog

[nervous_wreak]

Hey Sleepingdog,

 

Many thanks for your reply, but wow, you got a doorstep visit? What did you do? They can't do that right, come up to your premise, unless you invite them

[mr.ton]

Moorcroft dont even have a pre intelligence division, never mind a pre legal division

[berrylover]

These are automated threat letters. They have to comply with you and send your CCA before they can do anything. Don't panick. See if they actually send you anything in reply to your CCA request. My bet is that they won't.

[mr.ton]

Their threatogram machine is programmed to churn out this daily threat nonsense without even stopping to think before they programme it

[sleepingdog]

Hi NW , In reference to the moorcroft doorstep visit the gentleman who dared to walk up my drive found no joy as I told him point blank ' there is no agreement , the account is in dispute ,you will not be getting any money from me, now be on your way ' . He did state that he would be back , but as he was paid on commission only I guessed that he realized it was his time and petrol that he would be wasting. Many DCAs later the OC did finally admit no agreement meant that they would no longer be chasing the debt.

sleepingdog