Moorcroft letters...all lies!

[MakemBill]

My wife is receiving threatening letters from Moorcroft saying that she has defaulted on her agreement (Studio Cards and Gifts £3705.32) and as a result has arrears of £55, The case has now been passed to the Home Collections Division for action.

 

She has received a number of these letters previously and some have threatened legal action. She came to arrangement with them without telling me when she answered a particularly nasty phone call many months ago. Since then she has paid £25 a month by direct debit and we have the bank statements to show it.

 

We don't accept any calls from anyone we don't know so haven't talked to them since. I did write to them months ago telling them that payments had been processed by the bank but received no letter back.

 

I also have similar issues with Lowell sending me the same sort of letter.

 

What would the advice be on dealing with my wife's case please.

 

Thanks.

[dx100uk]

fire off a cca request to anyone that is demanding money off you.

 

dx

[cashins]

Moorcroft letters...all lies!

 

You got that right!!

 

As well as Home Collections Division you will get Midas Legal Services, (which is just another desk in Moorcroft).

 

 

Need a bit more info as to what to do.

 

What is the debt for, is it an agreement, overdraft catalogue etc, how old and who is the creditor.

 

David?

[alfwithhair]

and cancel the direct debit, don't give this bunch of **** bags access to your bank account

[cashins]

and cancel the direct debit, don't give this bunch of **** bags access to your bank account Today 23:21

and cancel the direct debit, don't give this bunch of **** bags access to your bank account

 

Good point Alf, missed it

 

David

[MakemBill]

Thanks for the advice so far folks.

 

As was mentioned initially, this particular debt is for £3705.32 for Studio Card Catalogue Company which is a debt that is probably about 2 or 3 years old. I have many, many more which are receiving token payments and probably amount to in excess of £35,000 and came about from being absent from work due to illness, The biggest debt is a bank loan from Northern Rock and also a mortgage (Abbey National / Eversheds) against a property I owned about 10 years ago and lost, again following illness but which surprisingly (ironic) wasn't covered by the then illness insurance. Both of these loans are the subject of court orders.

 

So, CCA everyone (I imagine with exception of those two with CCJ's) and stop paying anyone that I have been making token payments to. Am I not liable for continuing to pay off debts that I have previously set up payments for?

 

Thanks again folks.

[Gaznkaz08]

we've just CCA'd mackensie hall re a studio account, as it was mail order there wasn't ever agreement in existence with studio

[mkb]

 

As was mentioned initially, this particular debt is for £3705.32 for Studio Card Catalogue Company which is a debt that is probably about 2 or 3 years old. I have many, many more which are receiving token payments and probably amount to in excess of £35,000 and came about from being absent from work due to illness, So why do these guys get so much compared with others?? Don not be intimidated into paying more than you can afford!

The biggest debt is a bank loan from Northern Rock and also a mortgage (Abbey National / Eversheds) against a property I owned about 10 years ago and lost, again following illness but which surprisingly (ironic) wasn't covered by the then illness insurance. Both of these loans are the subject of court orders.

 

So, CCA everyone (I imagine with exception of those two with CCJ's) and stop paying anyone that I have been making token payments to. Am I not liable for continuing to pay off debts that I have previously set up payments for?

 

CCJ's are not appropriate for CCA request since they have been dealt with by a court.

 

All other unsecured debts, send CCA request with £1 postal order by recorded delivery. 12 + 2 working days for delivery, the a/c's can be put into dispute if the CCA has not been sent. If you do get any documents sent you can post them up for checking by other forum members.

 

If payment is due in the meantime, the recommendation is to make that payment but ultimately this is your decision.

 

Hope that helps.

[dx100uk]

following illness but which surprisingly (ironic) wasn't covered by the then illness insurance. Both of these loans are the subject of court orders.

 

So, CCA everyone (I imagine with exception of those two with CCJ's) and stop paying anyone that I have been making token payments to. Am I not liable for continuing to pay off debts that I have previously set up payments for?

 

Thanks again folks.

 

i would look at reclaiming the ppi on these.

even though its 10yrs ago, they might well cough, esp if you claim under the limitations act s32c i think it is.

 

you could be in for £1000's here

 

dx

[Gaznkaz08]

CCJ's are not appropriate for CCA request since they have been dealt with by a court.

 

All other unsecured debts, send CCA request with £1 postal order by recorded delivery. 12 + 2 working days for delivery, the a/c's can be put into dispute if the CCA has not been sent. If you do get any documents sent you can post them up for checking by other forum members.

 

If payment is due in the meantime, the recommendation is to make that payment but ultimately this is your decision.

 

Hope that helps.

 

i've been told that you can CCa someone thats got a CCj against you, if you weren't contacted about it and didn't dispute it, then they wouldn't need to show their paperwork you would just get it against you in your absence

 

i'm waiting for some court papers from a situation like that, to see what went on, i think i'm within my rights to Challenge it get it set aside if they didn't have the correct bit n bobs

[cashins]

i'm waiting for some court papers from a situation like that, to see what went on, i think i'm within my rights to Challenge it get it set aside if they didn't have the correct bit n bobs

 

Your groundsfor a set aside would need to be that the papers went to the wrong address therefore you were never given the opportunity of defending.

 

David

[Gaznkaz08]

Your groundsfor a set aside would need to be that the papers went to the wrong address therefore you were never given the opportunity of defending.

 

David

 

they went to an address we had moved out of 12months before the judgement

[alfwithhair]

they went to an address we had moved out of 12months before the judgement

 

Did you inform the original creditor of your new address when you moved?

[Gaznkaz08]

Did you inform the original creditor of your new address when you moved?

 

 

nope, it was head in the sand time afraid

 

could i not SAR (or similar) BMS who are receiving the payments to make sure all the paperwork was in order?

[MakemBill]

i would look at reclaiming the ppi on these.

even though its 10yrs ago, they might well cough, esp if you claim under the limitations act s32c i think it is.

 

you could be in for £1000's here

 

dx

 

I was denied the right to claim because when I took the policy out I had received medical consultations about the same problem within the 12 months prior to starting the insurance, and there was a get out clause to that effect. I tried very hard to get by that one at the time but legal advice was that their argument was watertight.

[cashins]

I tried very hard to get by that one at the time but legal advice was that their argument was watertight.

 

Things have moved on since then, your claim now would be against the finance company who effectively missold the policy to you.

 

David

[MakemBill]

MKB

You asked "why do they (Moorcroft) get more than the others?"

They get more because they managed to get to my wife about the debt and she felt so intimidated that she agreed rather than being dragged through the courts as she believed they would do. I didn't make a huge issue of it to her as she was very distressed about it.

She's just had yet another letter off them saying she's overdue and her arrangement has been cancelled. I've checked back through all the mail she's received from them and found one from about 9 months ago demanding she increase her standing order to £30 from £25. She overlooked this, thinking it was just another bloody letter pressurising her, which is why they have been suggesting she's in arrears.

 

I've sent off the recorded delivery CCA and also included a keep away letter for their doorstep collections. I also stopped their payment on behalf of my wife, and advised them as such, but now that seems I should have probably not done that. I suppose we'll have to deal with that soon.

[cashins]

MKB

You asked "why do they (Moorcroft) get more than the others?"

 

They get more because they managed to get to my wife about the debt and she felt so intimidated that she agreed rather than being dragged through the courts as she believed they would do. I didn't make a huge issue of it to her as she was very distressed about it.

 

He who shouts loudest - unfortunately it works.

 

She's just had yet another letter off them saying she's overdue and her arrangement has been cancelled. I've checked back through all the mail she's received from them and found one from about 9 months ago demanding she increase her standing order to £30 from £25. She overlooked this, thinking it was just another bloody letter pressurising her, which is why they have been suggesting she's in arrears.

 

I've sent off the recorded delivery CCA and also included a keep away letter for their doorstep collections. I also stopped their payment on behalf of my wife, and advised them as such, but now that seems I should have probably not done that. I suppose we'll have to deal with that soon.

 

Not if they haven't got a CCA you won't:grin:

 

Now you are aware of the situation re Studio/Moorcroft, in view of other priority bills and existing CCJ's, you have rightly assigned Studio/Moorcroft the position they merit - last.

 

David

 

[MakemBill]

Unfortunately Moorcroft is just one of many, but I'll use the experience gained with this one to tackle the others.

 

One such company is Lowell who are writing to me regularly saying that I have not paid two debts that they deal with and make threats regarding that. I have paid and have proof a) by bank statements and b) by the annual statements the gits send out showing I've paid.

 

Is this just a straight CCA or should I deal with them differently?

[mkb]

Unfortunately Moorcroft is just one of many, but I'll use the experience gained with this one to tackle the others.

 

One such company is Lowell who are writing to me regularly saying that I have not paid two debts that they deal with and make threats regarding that. I have paid and have proof a) by bank statements and b) by the annual statements the gits send out showing I've paid.

 

Is this just a straight CCA or should I deal with them differently?

 

 

The leeds losers are bottom-feeders so I would defo CCA them. 12 + 2 days then all payments stop til they comply (which they are unlikely to do!!)

 

 

I understand about the intimidation your wife felt when pressured into increasing payments but this is against the OFT's guidance on debt collection & maybe you should consider a complaint to them ;-)

 

Please dont speak to them on the phone as you should have a clear paper trail to prove who said what - dont forget, they bully & lie on the phone to get what they want then deny it if challenged.

[MakemBill]

Thanks MKB for your advice. I will keep a full paper trail starting today, or indeed yesterday as that's when I spent my quid on a postal order.

What grounds do the Leeds losers have for lying about my wife's paymemts and apart from CCA what can I do about it?

[mkb]

Well if they dont provide the CCA, you can legally withold payment after sending them the a/c in dispute letter.

 

If they still say that shes not paid, I would be asking them for an up to date statement to prove that she is (and if she isn't, just where are her payments going?)

[MakemBill]

I have now received a reply from Moorcroft after I followed the welcome advice received in this thread. I would be grateful for advice on the next step I need to take.

 

It reads, and this is word for word even if it does sound a little dodgy nearer the end;

 

Thank you for your recent letter. At this stage we are currently unable to provide a copy of the agreement as we have been in contact with our client (Studio Cards & Gifts) who have confirmed that the original credit agreement was sent with your clients first invoice and they were instructed to keep the documentation in a safe place.

If there are any areas where you feel that a dispute in relation to the account still requires resolution please provide details. If this is not the case we look forward to receiving your settled proposals.

We therefore return the payment submitted in that connection.

Yours sincerely

blah blah blah!!!

 

 

And do you know anyone that can make use of one poound postal orders made out to debt collection companies...

[Pinky69]

Good. They have failed to provide a copy of the agreement - plonkers! Now you can send them the Account in Dispute letter and forget about them. Don't pay them a penny.

[cashins]

Thank you for your recent letter. At this stage we are currently unable to provide a copy of the agreement as we have been in contact with our client (Studio Cards & Gifts) who have confirmed that the original credit agreement was sent with your clients first invoice and they were instructed to keep the documentation in a safe place.

 

That comes from the Special Needs Division - Bless them.

 

As Pinky say - Account in dispute.

 

David