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7 day letter received from Moorcroft - help


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Bailff’s Letter arrived - help

My friends (yes, honestly) have just got a letter from Moorcrofts demanding repayment, within 7 days, of the whole of an unsecured personal loan of £36k from one of the main UK high street banks.

The bank stopped taking personal loan repayments from the overdraft account, probably because that was in excess of the limit. No loan account statements have been received for 12 months. No letters of demand or even a letter requesting repayment have been received. The loan appears to have just drifted for a year.

It is a long-winded case but basically our complaint to the FOS was not upheld and a second, claiming PPI fees & irresponsible lending / churning to get more bank commission / insufficient affordability checks is being prepared for submission.

My friends accept that most of the principal needs to be repaid but they hope for a reduction of a few thousand £Ks if they can get fees / PPI refunds. Their monthly income is £1,600. They have a very small house in a run down part of London, left to them when mum died. They are financially unsophisticated people but are now extremely worried and are in urgent need of help. So may I ask?

1. Is there anything we can do to get Moorcroft off their backs whilst they get some to give the advice / negotiate on the best way forward.

 

2. Is there anyone they can turn to urgently without getting ripped off? I am out of my depth now. I know the CAB have a great reputation but last time we enquired, they could not see or talk to us for weeks in advance. Moorcroft, unrealistically give a 7 day deadline. Is this typical bailiff scare mongering?

 

3. Is there another website that specialises in this subject?

Any guidance would be gratefully received.

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I'm no expert, but Moorcroft are a debt collection agency - bailiffs normally only get involved after court action.

 

Moorcroft are well known on here - inafmous is I believe the word you could use!

 

Have a look around the CAG site, but one of the first things I'd do is get them to request the CCA, as the debt might be unenforceable. A template letter to do this is on the site.

 

Main thing is don't panic, as I'm 99% sure it's just Moorcroft using scare tactics.

 

Hope that helps. Someone with more knowledge and experience than me will probably be around to advise further soon.

 

TT

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Yes, this should be in the Debt Forums so I have rehomed you. :)

 

I have also amended your thread title to reflect the situation more accurately.

 

Ouch, £36,000 is a lot.

 

Site team are aware of your situation.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Definitely get your PPI complaint off to the FOS as soon as possible. Has this already been raised with the bank ? And have they rejected your friends PPI claim ?

 

I would suggest you also start a thread in the PPI forums as there are a lot of knowledgeable people over there.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I wonder if a letter to Moorcrofts explaining there is a dispute over the PPI and that a complaint has now been made to the FOS .. might possibly get them off your friends back.

 

But you need to get the complaint in swiftly in order to obtain a reference number.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It might help, if you can provide caggers with a little more detail as to what the 36K represents the period involved and previous correspondance from the creditor. in other words a bigger picture of the problem.

 

To collect on a debt of this size it would not be made by a DCA or indeed a bailiff, it would have been transferred to the High Court for a writ of Fi'Fa' and HCEO's would be appointed, so all does not seem to be right at the moment?

 

WD

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Wonkeydonkey, There is a lot more to this case and if I posted all the story here, peoples' eyes would glaze over and it would get confusing. Is there anyone I can go to who would take this problem over - I guess not that is why my friends came to me.

 

However, the guidance given above is excellent and will enable me to make progress.

 

How can the bank get a DCA involved without even sending a notice of default or demand for repayment ? Is that possible or even likley ? (of course I do not get the post myself)

 

Thank you

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I would hazard a guess and say that Moorcroft are making an unrealistic demand as usual and the mention of bailiffs is very premature.

 

For Bailiffs to become involved, there would have to be a CCJ and I assume that to your knowledge none. A repayment schedule would be set at the Court Hearing and that would normally have to be not kept up before they can apply for a Warrant of Execution, which would then see the Bailiffs involved.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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You will be suprised as to just how many caggers have thought along the same lines as yourself but after giving the bigger picture they are the ones amazed as to points drawn from it by caggers.

 

A bank would not use a DCA and I see no mention of a CCJ having been obtained? A notice of default is a legal requirement and the ball starts to roll from there so there is something not reading right in the series of events as given? Hence the need for the bigger picture.

There are a lot of very knowledgeable caggers on this site and many minds often allows light at the end of the tunnel. From what has been given, your friends are in need of much help and sadly time may not be on their side to get ahead of the situation.

 

WD

 

WD

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Moorcroft never take anyone to court. They don't buy debts, they only collect on behalf of other creditors. Their letters and Pre Court Division headed letters are all nonsense. A third party cannot take anyone to court.

 

Moorcroft are pretty easy to deal with. Just send them a letter headed "Formal Complaint" Then explain that the account is in dispute due to missold PPI and shouldn't have been passed onto Moorcroft in the first place.

 

I have enough Moorcroft letters threatening court action and bailiffs to wallpaper a whole room with. Guess what? 12 accounts (my own and friends I've helped) not a single one ended up in a courtroom.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Moorcroft don't do court.

 

They send scary letters with headings like PRE-COURT DIVISION aka PRE SCHOOL DIVISION.

 

They send lots and lots of scary letters and if they have your number are your typical threat monkeys as well.

 

The fact they are dealing with the account speaks volumes for unenforceability.

 

They will get bored and OC will try another DCA

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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