Urgent: HELP !! a notice of intended litigation from Moorcroft Debt Recovery Limited

[kathyxie]

I recently recieved a letter from Moorcroft Debt Recovery Limited regarding to my bank debts.

i really don't know what i am going to do about....

 

here is my situtation: 6 months ago, i made an deal with my bank due to unemployment and also in the case of not be able to return to uk, then the bank agreed to freeze my loan and bank overdraft,which they won't charge me any interests and late payment charges for 6month, they agreed that i pay just a small amount every month in my current financial status, however, during the negotiation with the bank, i was asking at least twice to send me a confirmation letter of the deal which right now i haven't recieved any, but instead of some letters about the debts payment... to ask me pay the amount of money that was not from the deal otherwise they will take legal action.... then i phoned the bank couple of times, the ppl over the phone just told me to igorne those letters, they said it is just kind of process of the bank system.

 

BUT now... I finally still got the letter from debt collector.... CAN ANYONE HELP ME, GIVE SOME ADVISES. I AM REALLY DESPERATED ABOUT the bank.

[2Grumpy]

This is a standard debt collection scare tactic. Unless you have had a notice of assignment then the bank are just using these thugs to collect money and as such Moorcroft can't take you to court. The worst they can do is stamp their foot, write nasty letters & make phone calls.

 

I would open a simple bank account at a different bank (not in even in the same group) in case your bank account has been closed or is about to be. The Co-Op bank is usually ok, or Barclays I think.

 

Meanwhile don't let these 'people' panic you. You will have to repay the bank at some stage, but if you are unemployed they will wait because if they took you to court the judge wouldn't let them have more than £1 per month in your circumstances - and they know it. That is why banks use DCAs to try to get more money from frightened people into paying more.

[kathyxie]

thank you, 2Grumpy.

 

how can i write a letter to Moorcroft or my bank in order to avoid further actions? any suggestions?

 

or should i just phone one of them back, would be better?

[terrytibbs100]

Hi Kathyxie,

 

I'm not an expert, but it sounds to me like legal action has NOT started yet and they are just threatening it. If the letter was from Moorcroft and not the court, this is the case.

 

Can you post the letter (taking out personally identifying parts) or just type up a summary of what it says?

 

Then someone will be able to help you more specifically.

 

Hope that helps, TT

[silverfox1961]

Hi,

Your post suggests that you are not in the UK at present. Can you confirm.

 

Moorcroft may be collecting on behalf of the bank. The clue will be their "client"

 

DCA's have no power no matter how much the try to imply otherwise. Stay off the phone and do everything in writing.

[2Grumpy]

Rule no 1 - don't phone - ever - they will lie to you, try to bully you and you won't have any record of what has been said. Always write

Rule no 2 - don't set up a direct debit with them

 

There are template letters around that you could use to offer £1 pm or visit citizens advice who will phone them on your behalf. Remember, if you are unemployed you can't afford more than £1 pm

[kathyxie]

yes. i am still out of uk due to the HO rejected my work permit application in 2008. it cased my privous employer had to drop my job offer, and leads me out of the ability to pay off my debt. btw, i am not uk citizen, but i don't wanna my situtation ends on bad records.

Edited October 25, 2010 by kathyxie

[silverfox1961]

Another assumption. I take it Moorcroft are writing to you at your overseas address. Yes??

If you are having post redirected to you, I would write to Moorcroft telling them your address. The reason being that they cannot take you to court as you are not in the UK.

All they can do is mark your credit file

[silverfox1961]

I have merged two threads into one. Please stick to one topic per thread. I have left this open in the debt collection forum as it has not gone "legal" yet.

Should Moorcroft actually litigate, we can move this thread to legal issues

[kathyxie]

hi silverfox1961,

 

my friend in uk who has collect letters for me.

 

should i ask both the bank and moorcroft to send letters to my current oversea address?

 

and ask them to hold any further action as i am going to resettle the payment plan to my bank?

[kathyxie]

2grumpy,

 

thanks a lot. any template that may suit my status, should i ask them to hold their action first?

 

do i also need to write a letter to my bank regarding to re-settlement?

[Guest Cartaphilus]

2grumpy,

 

thanks a lot. any template that may suit my status, should i ask them to hold their action first?

 

do i also need to write a letter to my bank regarding to re-settlement?

 

Just an observation, really. You said above your work permit expired to work in the UK in 2008 yet you have made some kind of deal with what I assume would be a UK bank given Moorcrofts appearance and that was six months ago? Just wondering as there appears to be a gap? Unless I am misunderstanding you. Who is the bank out of interest? Also, I see someone asked if you could post the letter up or let us know the contents so we can see exactly the nature of this 'litigation' and whether it's just another Mcthreatcroft generated letter.

[2Grumpy]

See post no 8 - just give the bank & DCA your overseas address (but not your phone no). No need for anything other than the new address at the moment. That should stop them ****ing about.

[kathyxie]

I see someone asked if you could post the letter up or let us know the contents so we can see exactly the nature of this 'litigation' and whether it's just another Mcthreatcroft generated letter.

 

the first letter written on 02/10/10:

"

It is a legal requirement to send a notice of intended litigation before legal proceedings the County Court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you.

To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Payment should be submitted in full within 7 days or contact made with this office immediately, by telephone 0161 475 2878 or by letter, with your payment offer. Both our client and we do not wish to take this action but if agreement cannot be reached by 09/10/10, a claim may be issued by our client’s solicitors without further notice.

We would draw to your attention that if judgment and an order for repayment in full is obtained and remains unpaid, a range of court enforcement options are available and may be considered.

We could emphasise that should judgement be entered against you this may affect any future credit application you may make elsewhere. We would also draw to your attention that all legal costs incurred are usually payable by debtor.

Please contact us today as we will be happy to discuss a repayment programme that you can afford and maintain. All payments must be made payable to “Moorcroft Debt Recovery Ltd” and forwarded with this letter to the above address.

Yours sincerely,

AS.J.Martin

"

 

The second letter wrritten on 11/10/10:

"

Notice of possible litigation

To prevent the above action please send payment before 18/10/10 or Telephone 0161 475 2878 immediately.

If you do not contact us following receipt of this letter we may have no alternative other than to assume that you are avoiding repayment of this debt. In this situation we may recommend to our client that solicitors issue legal action against you which may follow. Please note if legal action is necessary your debt may increase as follows.

Current Balance

£4781.40

Solicitors Costs for Issue of Claim Form

£80.00

Court Fee for Issue of Claim Form

£80.00

Solicitors Costs for Entering Judgement (by default)

£25.00

Total Debit if Judgement is obtained

£4971.40

 

Please contact us now.

A.J. Martin

"

as i am not in uk, i got those info. by last sunday.... it seems they probably sent the third one out already.

[count orlok]

Moorcroft send out lots of these self reading letters. I've had more than a few along with my wife. Nothing has ever come of them.

[Guest Cartaphilus]

Looks like a Mcthreatcroft - generated as the above poster said, just another threat, until they exhaust their dark side powers, unleash the power of another DCA later; sorry, appears everyone's on about Star Wars today, not a clue why - letter to me. Thank you for providing the information.

[Guest Cartaphilus]

If you do not contact us following receipt of this letter we may have no alternative other than to assume that you are avoiding repayment of this debt.

 

Isn't that reportable in some way? The impliance you are avoiding the debt? I've seen a few threads on here lately with DCA letters including that line.

[kathyxie]

Isn't that reportable in some way? The impliance you are avoiding the debt? I've seen a few threads on here lately with DCA letters including that line.

 

 

unfortunately, i have got those letters last sunday...and i am surely i made the payment back on time.

there is unfair that they include"

We believe that this letter fulfils this requirement even if it is not actually read by you.

", as certainly i am not able to read or receive it during their expect period.

[Guest Cartaphilus]

You have 'misunderstood' what I was saying. There is also a gap of a long time between when you said your permit expired and when you said you contacted the bank eg six months ago this year to let them know of your unemployment. Call me thick, but if you had ceased to have a work permit back in 2008 then would that not also mean you would also cease working in the UK back then?

 

Anyway, that letter is a load of tosh as already said by some of the others.

 

See post no 8 - just give the bank &

DCA

your overseas address (but not your phone no). No need for anything other than the new address at the moment. That should stop them ****ing about.

Edited October 27, 2010 by Cartaphilus

[Guest Cartaphilus]

The rest will help you with anything else if need be.