moorcroft

[brecken]

Im no expert, but I dont think an application form is the same as a signed credit aggrement, just because you signed an application form doesnt mean you successfully recieved the account, I have signed application forms in the past, but have been refused the account.

 

Brecken x

[tamadus]

Im no expert, but I dont think an application form is the same as a signed credit aggrement, just because you signed an application form doesnt mean you successfully recieved the account, I have signed application forms in the past, but have been refused the account.

 

Brecken x

 

Even if the account was granted an application form cannot be an executed agreement under the CCA. The agreement has to cleary state it is a credit agreement regulated under the CCA 1974 10 days left Barclaycard and your commiting a criminal offence.

[brecken]

Hi All,

I have just had a local debt collector on my doorstep, regarding the account Moorcroft are chasing for Littlewoods, as you can imagine I was a little miffed cos I regard the account as being in dispute as from 16th Sept, 12 days after CCA sent.

Anyway the guy want away and I phoned Moorcroft who insist they havent recived the CCA letter even though they have cashed the £1 cheque I enclosed on the 21st September, The guy from Moorcroft told me the letter probably went to the bank with the cheque, cos the people opening the letters would have stabled the cheque to the letter, when I asked what the point was in writing to them if nobody takes any notice he said it wasnt his fault and I would have to sent another letter and another cheque.

He also said whoever gave me the impression that after 12 days the account was indispute doesnt know what they are talking about, and when I told him about the 30 days and the account became unforcable he told me I was talking rubbish, he said I was responsible for the debt and they would get it one way or another, he was very threatening.

 

he said they had lists of goods recived and monies paid in the past, so that was proof of the account. and any judge would hall me over the coals.

 

Please help.

[brecken]

Cheers Karn, you are a doll.

[tamadus]

Hi All,

I have just had a local debt collector on my doorstep, regarding the account Moorcroft are chasing for Littlewoods, as you can imagine I was a little miffed cos I regard the account as being in dispute as from 16th Sept, 12 days after CCA sent.

Anyway the guy want away and I phoned Moorcroft who insist they havent recived the CCA letter even though they have cashed the £1 cheque I enclosed on the 21st September, The guy from Moorcroft told me the letter probably went to the bank with the cheque, cos the people opening the letters would have stabled the cheque to the letter, when I asked what the point was in writing to them if nobody takes any notice he said it wasnt his fault and I would have to sent another letter and another cheque.

He also said whoever gave me the impression that after 12 days the account was indispute doesnt know what they are talking about, and when I told him about the 30 days and the account became unforcable he told me I was talking rubbish, he said I was responsible for the debt and they would get it one way or another, he was very threatening.

 

he said they had lists of goods recived and monies paid in the past, so that was proof of the account. and any judge would hall me over the coals.

 

Please help.

 

They do like to make us think they know better don't they.

 

I see no reason to send another letter as cashing your cheque clearly proves they recieved it, if they are so stupid as to send that letter (which is a legal document) to their bank instead of acting on it, then it really is their fault.

 

This guy obviously doesn't have a clue as the CCA clearly details the time limits and result of failure to comply with them. Obviously the Act of parliament doesn't know what it's talking about

 

A list of monies paid only proves you have been making payments under intimidation such as this A judge would be far more concerned with their blatant ignorance of the statute and regulations they operate under and would probably do something to them, that involves a lot more than coals

 

Not wishing to detract from karnevils excellent advice I would write to them reminding them of their obligations (and that they are now in default and cannot legally enforce the debt until they clear the default) under the CCA in light of the phone call, and ask for a copy of the deed of assignment.

[brecken]

Thanks tamadus,

I told the bloke to speak to his legal dept, who would set him straight about the legal time limits ect, he simply said he didnt have to cos he was right and I was wrong.

 

I will however write again reminding them that the account is in dispute.

will keep you informed.

[tamadus]

Thanks tamadus,

I told the bloke to speak to his legal dept, who would set him straight about the legal time limits ect, he simply said he didnt have to cos he was right and I was wrong.

 

I will however write again reminding them that the account is in dispute.

will keep you informed.

 

I wish I was as convinced I am right as much as some of these people are I had somebody at MBNA phone me once and he told me that they were not regulated by British law because they are American owned

[stadium_arcadium]

Hi guys, I have recently sent a CCA demand to a DCA, whom I have been paying regularly for over a year. Their 12 days are up on Monday and so far I've not had anything in writing. But, I did receive a phone call during the week, asking me for a payment because I am a month behind. I reminded the guy that I had sent the letter and as the account was in dispute I would not be making anymore payments until I receive my request. he denied that they had received my letter (even though I have proof of postage and I used one of their reply envelopes lol) he told me that they could supply me with the original signed agreement. I also asked him that all future correspondence be in writing from now on. Then, two mins later I get another call from him, threatening to send a collector to my home!! I reminded him that I had just asked for the calls to stop and now I need to write a letter, including a copy of my original CCA demand. They haven't cashed my £1 cheque, so I'm not sure if I should send another one. The guy on the phone wasn't aware that I'd need to pay that when he said he would send me a copy of my agreement, so I didn't remind him. he told me that as I'd been paying I had admitted liability, which I replied I wasn't disputing that fact, and that I would just like to see the original agreement and statement of account. (the debt is from an old associates card, mostly made up of charges)

 

I have just spent all morning trying to write my letter but am really stuck on the wording:? I know I can adapt the template letter for harrassment for the calls, but am worried about having a door collector and don't know where I stand on that. Any help would be appreciated.

[brecken]

When the guy came to my door yesterday, he was very apologetic, saying he had no idea the account was in dispute, he also said he would be contacting Moorcroft to let them know what I had said.

 

I am no expert but I believe once the account is in disute they can not contact you in anyway until they provide the info you have requested.

 

Maybe someone with more knowledge can confirm this for us.

[tamadus]

You have already sent a letter under the Consumer credit act sections 77(1) and 78(1) on Monday they go into default and cannot enforce the debt or make a profit whilst in a default situation. Tha CCA is very specific about those points.

 

I assume you sent the CCA letter via recorded delivery so you have proof od delivery and if you look on the Royal Mail website you can even download the signature of who signed for it. Hence no need for another CCA letter or another £1 postal order, although it may be prudent to remind them of their obligations under the CCA when you send the harrasement letter

 

Making payments is not an admission of liability, you could have felt intimidated by their payment demands

 

If the debt is mostly made up of charges send an SAR under the DPA and claim the charges + interest back that should help keep them quiet a bit longer

 

As long as the account is in dispute they are not legally asllowed to enforce it and that includes sending somebody to your door. If anyone does show up take his name, explain it is in dispute and about to go to court and that any more attempts to harrase you will result in further court action.

[Tobes]

Guys, please, you're making these things harder than they should be.

 

They have to send to you notification in writing that they are sending a collector to your house, and you can then say 'no thank you' and they then cannot send anyone round...It's your house and your property guys, they can't just say 'we're going to send someone around to your house if you don't pay us!!'...If they do send someone round, you get your mobile and point it at them and say 'I'm now recording you, you are not welcome and from this second your are trespassing, I will prosecute you if you do not leave at once and NEVER return'. You then phone the police (though they will probably have scarpered by now) and say hold on pleae, I may need you to send a car around as I am being harrassed on my doorstep' you then smile a smug smile and say bring it on, sock-cooker...

[stadium_arcadium]

Thanks all for your help and advice:) I'm afraid I didn't send the CCA demand recorded delivery, but did use one of their own pre-printed reply envelopes and figured they would receive and open that;) To cover myself I will send a copy of my original letter (and send it recorded), and remind them they are in default so cannot enforce the debt etc.

I didn't think of using my mobile to video any door collector that may call, great idea! Thanks Tobes!

 

Regarding the SAR, would I have to send that to the DCA? I have no information regarding account number etc for my old associates card, it was from about 4 years ago.

Thanks again for your help all

[tamadus]

Thanks all for your help and advice:) I'm afraid I didn't send the CCA demand recorded delivery, but did use one of their own pre-printed reply envelopes and figured they would receive and open that;) To cover myself I will send a copy of my original letter (and send it recorded), and remind them they are in default so cannot enforce the debt etc.

I didn't think of using my mobile to video any door collector that may call, great idea! Thanks Tobes!

 

Regarding the S.A.R - (Subject Access Request), would I have to send that to the DCA? I have no information regarding account number etc for my old associates card, it was from about 4 years ago.

Thanks again for your help all

 

Send the SAR to the DCA, they should be able to supply everything you need. Stipulate the data must cover your entire history with the client company and include any instances of manual intervention. The CCA considers any letter sent first class post to have arrived 2 days after posting so it's not a disaster but try and get used to using recorded delivery

[meagain]

Am I the only one finding that Moorcroft are entirely impossible to get hold of by phone? I made 6 calls to them last week. Four resulted in engaged tones. One rang off (BT cut off ringing lines after 2 minutes). The other was more interesting: got through to an answering machine saying "Everyone's busy, please hold" - only I wasn't put on hold, I was cut off straight away.

 

Looks like it's a £1 CCA request. Out of interest, why the convention of a postal order? Why not a cheque, when I can at least issue a cheque knowing that if it has not cleared it hasn't cost me anything, as opposed to an idle postal order, which still costs me money until it is returned to me.

[tamadus]

Am I the only one finding that Moorcroft are entirely impossible to get hold of by phone? I made 6 calls to them last week. Four resulted in engaged tones. One rang off (BT cut off ringing lines after 2 minutes). The other was more interesting: got through to an answering machine saying "Everyone's busy, please hold" - only I wasn't put on hold, I was cut off straight away.

 

Looks like it's a £1 CCA request. Out of interest, why the convention of a postal order? Why not a cheque, when I can at least issue a cheque knowing that if it has not cleared it hasn't cost me anything, as opposed to an idle postal order, which still costs me money until it is returned to me.

 

Mu guess is they are very busy fending off claims and CCA requests

 

I think the idea of a postal order was its traceability, but I always use a cheque as its just as traceable and I know when it clears a lot faster.

[Guest Battleaxe]

I refuse to speak Moorcroft at all, they don't seem to know which way is up. I sent my SAR request directly to Kalidescope with the £10.00 postal order. i hope I really confuse them. If Moorcroft are the only agents acting for them, Kaliedoscope will have a record of the account, because I have the last statement I received from them. moorcroft also tried to get me to pay £40.00 a month, I did ring them and asked if they could whistle Dixie. At the time we were going through the investgations for MOTH's cancer and I was in no mood to deal with these drongos and argue my case.

 

I get the post office to cross the Postal orders and make them out to whoever I am requesting the information from. I have the post office receipt attached to copies of my letters.

 

I will not run up any unnecessary 0870 numbers on my phone bill. Moorcroft threatend that they would send a field agent to my door, the best bit is, they have to get past the security canmera on the main gate of the Estate, if they do, I will just ring the main gate at the RAF Base and the air police as well as the civilian police will be here within two minutes. I am waiting for the day to arrive. Every vehicle entering this area has it's number plate recorded by this camera 24/7.

Oh the letter from Moorcroft threatening this action, I tore it up and replaced in the envelope they sent it in, marked it RTS and stuck it down with sticky tape. Strange I haven't heard from them for three weeks.

 

All I wanted was the charges refunded and worked the charges were more than what I owed Kalidescope, so told them until they back what they owe me I wasn't paying another penny.

 

When will Moorcroft learn which way is up?

[meagain]

It also doesn't help that they don't seem to follow CPR properly when threatening court actions. AIUI, 7 days notice is the minimum considered reasonable, but that's 7 days from receipt. The letters I've had from them have given deadlines of 7 days from the date of the letter (when clearly this should be 9 days - CPR states 2 days for receipt of letter sent first-class or better).

 

Either way, I'm not worried. If they decide to go to court before the CCA time limit runs out, I can always defend with "NTL have already accepted a full and final settlement of this claim."

[brecken]

Hi Everyone,

The time is now up for Moorcroft to send me the details I requested through the CCA request, and guess what..........................

 

Nothing, I still havent received a copy of the signed credit agreement from Littlewoods or the deed of assignment to moorcroft.

 

So I am thinking Moorcroft can not inforce the debt until they have indeed supplied me with this info, is this correct, and what happens if they come up with the info in say 12 months time.

[meagain]

They can do nothing about it. They have the window of 12 days to produce the agreement. If not, they're in default. They can remedy this situation by producing the agreement within one month of going into default. If they can't do that, then tough. They would have to then go before a judge to seek leave to pursue the debt, and in doing so admitting their offence.

[brecken]

So what you are saying is now the time is up, they have to go before a judge before thay can enforce the debt, so if I get anymore demands for payment I tell them to take me to court.

[meagain]

Without reading back, it depends on what you mean by "time is up". If you mean 12 days (+2 for transit), then they're in default, and have a month to get it together. If you mean 42 days (+2), then they can't do anything about it.

 

If it is 42 days, then you can happily let them try and go to court, because unless they can produce the agreement, for all intents and purposes they cannot back up their claim.

[brecken]

Yip 42 days up, so thanks for the info, will just sit back and see if they contact me.

[dayglo]

about 2 months ago - I turned up at their offices!

 

It's amazing how less confident they are about the law face to face!

 

anyway, they read this forum avidly - Hi Steven!!! Hope you are well. Told you there would be many more following after me didn't I.

 

(smile)

 

link to my thread with moorcroft (default removal though)

[jamesbond]

moorcroft are members of an affiliation with an on line email complaints facility..

maybe if we all complain about these illicit practices it may do some good.

 

Credit Services Association

Wingrove House

Ponteland Road

Newcastle upon Tyne

NE5 3DP

Telephone:00 44 (0)191 286 5656Fax:00 44 (0)191 286 0900Email:General Enquiries - [email protected]

Membership Enquiries - [email protected]

Training Enquiries - [email protected]

Services Enquiries - [email protected]

Complaints - [email protected]

 

007 :-)

[scouser9]

Hi guys

 

Just to put my 2 pence in, I have had a moorcroft bouncer sorry collector coming to my door for a few months now.

Well I have sent a S.A.R to moorcroft 13/12/2006 and I also made a copy for the collector and the bit about harrassment, so I told him tonight that I would not pay another penny until I here from his head office concerning my S.A.R and until then while the issue is in dispute he cannot call again, all this I said in front of a witness and also taped the conversation.

He did not looked pleased to say the least a very big bloke, I also said that I would fight vigoursly any attempt to enter my premises as he stated he would be doing if I do not pay.

I am also a very big bloke so I told him again and witnessed again and taped again, but this time I stated that I am about to call the police and have him answer there question's.

 

His parting words were I will be back pal.

 

So as i stopped shaking and took my stilts off I wonder if he can carry out his threat of coming back at taking what he deems right.

 

Sorry for jumping in just thought you might want to know.

 

Keep claiming the right

 

Mikey

 

S.A.R. Handed In to Halifax 13/11/06:wink:

S.A.R. Handed In To Abbey 17/11/06:wink:

Request for Payment Sent to Halifax 29/11/06:wink:

50% Of claim offered by The Halifax 09/12/2006:-|

LBA letter sent 11/12/2006:wink:

Refusal in part of Payment sent 12/12/2006

Reply from Abbey as a go away letter 12/12/2006