Advice Needed-Ace Gifts & Moorcroft DCA

[omega101]

Will try and make this brief! I had a catalogue with Ace Gifts since 2005 and always paid regularly until August 2009, when I became seriously ill & was in and out of hospital for several months. They started to apply 'admin charges' at £20 a pop every month if I missed my payment or it was late. I emailed them and told them because I was seriously ill and constantly being hospitalised would they put me on direct debit so I did not have to worry about when payments were due-I received no response.

 

After going back and forth for 2 months and customer advisors giving me different information everytime, I finally managed to get one who said he would put me on a payment plan of £10 per month & no further charges would incur. However, after making my first payment way before the date it was due I was very angry when I got my next statement to see yet another £20 charge had gone on the account! So I started contacting them again and they would not budge-despite my having copies of all emails sent/received and the names of the advisors. Because by this time I was absolutely exhausted from my illness (Cancer), I gave up with them and just stopped paying. I was then sent a default notice.

 

In May this year, Moorcroft Debt Collections got involved. The debt had now risen to £256 from the actual £112 that I had spent. I sent them a letter requesting my credit agreement, together with the fee, only to receive it back 2 weeks later saying that Ace had said I would have been sent a copy and I should have kept it.

 

I then photocopied all the emails between myself and Ace and sent them to Moorcroft, disputing the amount owed, due to the distress Ace had caused me at a time when I was very ill, and being told one thing and then another by their so called customer service advisors. As far as I was concerned I had been told I was on a payment plan, and despite my making my first payment in good time, they still charged me admin fees-despite saying they would not-and the emails clearly show this. I also told Moorcroft that I was perfectly happy to pay the £112 I actually owed, but not the admin fees, when it was Ace at fault.

 

I have now got a letter back from Moorcroft basically saying that Ace are not budging and want the full £256. I now do not know whether to: (a) Try to go for unenforcability again as they cannot produce the signed agreement. (b) Write back to Moorcroft telling them that I am making a complaint to the OFT(if that is the right organisation?) and forwarding on all my emails, showing I have been trying to reach an arrangement with them. If I did this I would then commence making payments of £1 per month. Moorcroft have got my financial statement and know this is all I can afford.

 

Looking at both options either one would suit me as it will serve Ace right for being money-grabbing and downright greedy. Maybe someone could advise me though as to which one I should pursue, or give me a better option-I do not want to cut my nose off to spite my face!

[alfwithhair]

Firstly stop taking to Moorcroft on the phone.

They will not have contacted ACE or anybody else, it is them that will not budge, as they will tell you anything to get money out of you.

 

Send Moorcroft a CCA request, it is unlikely they will be able to produce anything enforceable from 2005 as they are part of studio cards, who never have any signed agreement.

 

If it turns out to be unenforceable then you are in a good bargaining position to get them to accept a vastly reduced full and final of about 10% of the balance.

 

don't let them pressure you into paying before they have proved they are entitled to collect on the debt.

[dx100uk]

i'd also put in a reclaim for the 'admin' fees or anything overlimit or late payment.

 

have you got all the statements?

 

dx

[omega101]

Mornin Alf and mornin dx! Firstly-thank you for responding so quickly. Sometimes you can't see the woods for the trees with these matters.

Should have made myself clearer but I have'nt been talking to Moorcroft on the phone-it's all been through letters and faxes! I will not get into a conversation with them on my phone or indeed on my time lol!

I did'nt realise that Moorcroft was part of Studio-now that was an eye-opener so a big thank you for that! I do have all my statements as that is the only paperwork Ace have sent me, so these show all the admin fees they have been charging me. I would like to know how to put in a reclaim for the fees if you could possibly advise me further on that?

Also-if it does turn out they have not got the agreement, would I then write a letter stating that it is unenforceable, quoting the appropriate legal termonology, and saying that 'as a gesture of goodwill I will offer a full & final settlement of 10% of the amount I actually spent-which was £112. Providing they take mark my credit file as settled with a zero balance owing? Or do I tell them to basically take a long walk off a short cliff!!!!

Many thanks to you once again!

Ant (omega)

[dx100uk]

no ace gifts are part of studio cards group.

 

unlawful fees reclaim is

from the date of each charge on you

you can reclaim the charge + 8% stat int

to the date of your claim.

 

use

http://www.egalegal.com/compoundWindow.html

 

rests = 12

 

that is if they have not charged you int on the 'admin' fee

 

if they have

 

then charge at THEIR in rate.

 

dx