Moorcroft Debt Recovery

[LikelyLad]

Hi all,

 

This is my first post after signing up as I'm after some help dealing with Moorcroft Debt Recovery.

 

I have a Halifax Credit Card debt which has been passed to Moorcroft to collect. A couple of weeks ago I had a visit to my house by one of their collectors, at the time it wasn't convenient for me to talk so I asked for him to come back at another time.

Last week he returned when I wasn't in and my house mate answered the door. Without checking he was speaking to me he proceeded to tell my house mate he had come back to talk to him (me) about the money I owe to Halifax. At this point my house mate was confused and asked what he was talking about. It was then established that the collector wasn't talking to me. Even after this he then continued to tell my house mate that he needed to speak to me about money I owe and gave him a moorcroft debt recovery postcard with his contact details on for me to call him.

 

I'm obviously not very happy about this and want to make a complaint to Moorcroft but am after some advice on the best way to go about this. Surely this is a breach of data protection? Also after some research it would appear to be a breach of OFT guidelines, specifically 2.6 i, 2.6 j and 2.8 b.

 

Should I make a complaint to the OFT and what should I do about Moorcrofts?

 

Any advice would be greatly appreciated.

[Monty2007]

Hi all,

 

This is my first post after signing up as I'm after some help dealing with Moorcroft Debt Recovery.

 

I have a Halifax Credit Card debt which has been passed to Moorcroft to collect. A couple of weeks ago I had a visit to my house by one of their collectors, at the time it wasn't convenient for me to talk so I asked for him to come back at another time.

Last week he returned when I wasn't in and my house mate answered the door. Without checking he was speaking to me he proceeded to tell my house mate he had come back to talk to him (me) about the money I owe to Halifax. At this point my house mate was confused and asked what he was talking about. It was then established that the collector wasn't talking to me. Even after this he then continued to tell my house mate that he needed to speak to me about money I owe and gave him a moorcroft debt recovery postcard with his contact details on for me to call him.

 

I'm obviously not very happy about this and want to make a complaint to Moorcroft but am after some advice on the best way to go about this. Surely this is a breach of data protection? Also after some research it would appear to be a breach of OFT guidelines, specifically 2.6 i, 2.6 j and 2.8 b.

 

Should I make a complaint to the OFT and what should I do about Moorcrofts?

 

Any advice would be greatly appreciated.

 

Hi LL

 

I would suggest making a complaint to both Moorcroft and the OFT. There is a letter in the templates section that you should send recorded delivery. It is the one that explains tresspass and your requirement for them not to visit your home and communicate in writing only.

 

I am sure that they will then resort to letters.

[Undercover-Elsa]

Hi,

They have really overstepped the mark. As above send in a strongly worded complaint, tell them from now on you will ONLY deal with this matter IN WRITING. Here's the doorstep visit template letter...adapt it to suit. DO NOT SIGN IT. Just hand print your name.

Ground rules!!!! Never ever talk to them on phone. If they come to the door, say IN WRITING ONLY and shut the door.

Report them to the OFT for discussing your private affairs without performing security checks.

Have you sent off a request for the credit agreement to make them prove you owe the debt?

If not, do so now, enclosing £1 Postal Order. Print your name, don't sign.

The link to the CCA letter is below.

Don't worry, you'll get lots of help on here to sort these bullies out. And remember, they don't have any rights to come onto your property whatsoever. No bailiffs will call (unless and until you have a CCJ which you then don't pay) and they don't have a right to Income and Expenditure details..only a Court has that right.

Good luck with them, and welcome to CAG

Elsa x

 

PS shout if there's anything else you need to know.

[harrassed senior]

Hi and welcome to CAG

 

As above, so here are some links to help out:

 

Complain online at: Consumer Direct

 

Doorstep letter to Westclots:

 

In the event that you intend arrange a Doorstep call by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as written communication is quite acceptable in Law.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (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 your Employees, or your Agents 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 Civil Action will be taken. The Police will also be called.

[harrassed senior]

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).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

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.

(Optional)

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)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[LikelyLad]

Thanks for the replies guys.

 

I'll send in the letter withdrawing my permission for them to visit my house, I'll also send the CCA request.

 

Do you think I'd be best making my complaint in the first letter or send in a separate complaint letter? Or does it not make any difference?

[cerberusalert]

They are in breach of the Data Protection Act so a complaint to the ico wouldn't be amiss; https://www.ico.gov.uk/Global/contact_us.aspx

[LikelyLad]

Ok, I've combined the CCA request, withdrawal of permission to access my property and also my complaint, along with notice of my intention to refer the matter to the Information Commissioner and OFT, into one letter.

 

Is this a suitable approach?

 

Thanks again.

 

 

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).

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

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.

 

Furthermore I would like to take this opportunity to make a formal complaint over the conduct of one of your doorstep collection agents on 1st July 2010. A visit was made when I was not at home, the door was answered by a third party who also lives at my address. Without making any checks as to the identity of the person answering the door your agent disclosed the nature of his visit including details of the original creditor. Even once it was established that the agent was not talking to myself he still made further reference to the fact he needed to speak to me regarding an outstanding debt. Finally he gave the third party his contact details on a postcard clearly marked Moorcroft Debt Recovery.

 

This visit clearly breaches the Data Protection Act 1998 and as such I intend to refer the matter to the Information Commissioner as is my right under Section 42.

 

The visit also breaches OFT guide lines relating to debt collection, specifically sections

 

2.6 i - disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

 

 

2.6 j - acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, for example, by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

 

2.8 b - disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address.

 

Again, I will be referring this matter to the OFT for their consideration.

 

 

 

I look forward to hearing from you.

 

Yours faithfully

[Bazooka Boo]

"I look forward to your prompt reply"

 

PRINT NAME

 

Send recorded, and ask for their complaints procedure to be sent by return of post. Then exhaust it.

[harrassed senior]

Great letter, will await their reply;)

[LikelyLad]

Letter will be going recorded delivery tomorrow. I'll let you know what response I get.

[Bazooka Boo]

Ha ha yeah, I can tell you, it will be a 'pre-litigation' letter, can't wait for the next installment. Haven't heard of a 'Valid even if not read by you' letter for a while neither..