Studio Catalogue / Moorcroft - keep visting my house

[thirty-n-fat]

We have had an account with studio for 12+ years

 

In December 2008 - we ordered some cards that were not delivered to us due to various mix ups with the address, the postman and the wrong stuff in the box. In short after many phone calls to sort this out, it was all returned with a strongly worded letter and a mental not NEVER to use them again!

 

I have recievced nothing from Studio since. No letter of reply to my complaint and no stateements.

 

In April of this year I receive a letter from Moorcroft which was the usual threat-o-gram - the thing is £25 worth of cards was now going to cost me over £300!!!!

 

I replied with the usual CCA letter, this was returned with my £1 cheque with a letter explaining that I alreasy would have recieved this with the first order.

 

I waited two weeks and send the usual account in dispute letter. This was in early June.

 

Over the last few weeks, I have recieved several cards from a local representative while out at work.

 

I am sure that no money is owed and I am sure that they dont have a credit agreement and arent doing things properly. Having read this forum, I am sure that I am nbot alone.

 

Question, is what can I do to either close this down and stop them bothering me?

[Guest Cartaphilus]

Have you sent them the template letter for doorstep visits?

Over the last few weeks, I have recieved several cards from a local representative while out at work.

 

So just the usual calling cards, then, not actually home visits that you have physically interacted with?

 

 

But just a question, as you said:

 

I am sure that no money is owed and I am sure that they dont have a credit agreement and arent doing things properly.

Would it not have been better, then, to have sent the no acknowledgement of debt letter ie the 'prove it letter' rather than a CCA?

[Guest Cartaphilus]

However, I will be back in a moment with something.

[Guest Cartaphilus]

Here are a couple of letters, you may or may not have seen them before so my apologies if you have, you said you don't 'owe any money' so I am just going on what you've posted but this letter may be of use in this instance (or maybe not)

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Leave it up to them to respond, report them as per the letter.

 

Second letter, dealing with the threat of home visit:

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, 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 such an appointment with you.

 

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 & Short Ltd [1959] 2 QB 384. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

 

In Scotland change the last paragraph to :-

 

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

 

Yours faithfully,

 

 

Remember to print your name never sign it.

 

Again, report Moorcroft as you said you owe no money, so this is something your local trading standards should be interested in. I would also report Studio Card as it's their error which has led you to being harassed by Moorcroft if I understand you correctly.

[Guest Cartaphilus]

I replied with the usual CCA letter, this was returned with my £1 cheque with a letter explaining that I alreasy would have recieved this with the first order.

 

This is the reason you now keep getting these cards.

[Guest Cartaphilus]

And, if for some reason I have completely misunderstood your predicament it's more than likely due to the fact my chest on one side felt like a horse had just kicked it whilst getting those letters for you.

[thirty-n-fat]

Again, report Moorcroft as you said you owe no money, so this is something your local trading standards should be interested in. I would also report Studio Card as it's their error which has led you to being harassed by Moorcroft if I understand you correctly.

 

Thanks and it is then up to them to prove what I owe. I really would love to know how £25 has grown and if it wasnt for this forum i would have probably paid it for a quiet life!

[Guest Cartaphilus]

Yes.

 

I really would love to know how £25 has grown and if it wasnt for this forum i would have probably paid it for a quiet life!

Without knowing exactly, I'd guess those were the usual 'fees' they add. I often wonder, sometimes, if they do so just to get it to a DCA stage ie push up the amount so then they can take 'action'. However, it's nothing you owe anyway. Edited October 25, 2010 by Cartaphilus

[ScarletPimpernel]

Definitely one for Trading Standards.

 

The collector is probably a commission only pensioner; Moorcroft don't just seek to exploit people who don't owe money.

[2Grumpy]

Try checking your credit rating first - sign up for a free 30 day experian trial but remember to cancel it - just to make sure that there is nothing on there

 

Presuming there is nothing there, write telling studio & the DCA that the correct goods were never delivered so no money is owing & to stop their collection activities immediately

 

Tell Trading Standards what is going on

 

If there is something on your report then paying would do no good now - come back & post again if there is - you would need heavier letters & maybe suing them for libel to remove the default

[Guest Cartaphilus]

I imagine they pay the pensioner, then, 5 pence per card, then charge the debtor, for examples' sake £25 per ignored demand?