Help & Adive Urgently Needed - Moorcroft Debt Recovery

[Lyndell]

Thanks. Should my son mention in the letter that he has already sent a previous Account in Dispute letter? When writing it should he enclose a copy of his previous CCA request letter?

[BRIGADIER2JCS]

This ha a got very muddled, Lyndell.

Can you please spell out the current situation so we are not trying to jump around posts

to be able to advise.

[Lyndell]

Sorry it's so complicated. I will try to keep it as brief as possible. Sainsbury asked Moorcroft to deal with my son's account on their behalf. When Moorcroft wrote to him, my son wrote back requesting a CCA. He heard nothing from them so then he sent an Account in Dispute letter. When they received this letter Moorcroft replied saying they could not comply with the request and told my son to resubmit his request to Sainsbury as they were no longer dealing with the account. This was in February and on the advice of the Forum my son has been waiting to hear from Sainsbury or another DCA. This week he received the letter detailed above from Moorcroft so it looks like Sainsbury have reappointed them to deal with the matter. My son is still unemployed and still paying Sainbury £5 per month by standing order. What is the best way to deal with this? Should he start all over again and request the CCA or should he just write to Moorcroft and refer them to the previous two letters i.e. the CCA request and the Account in Dispute.

[DonkeyB]

Simply write and remind Moorcroft that they remain in default of a legitimate CCA request, and that the account remains in dispute.

[Frog Escalator]

Very interesting thread!

 

I received a letter myself yesterday from Moorcroft with identical wording to the opening post. I have been paying the creditor a fair sum each month through CCCS since last summer.

 

I will reply to Moorcroft with a CCA request letter and see if that will get them off my back -- hopefully, as has been suggested, DMAs have no stomach for the hassle involved when people know their legal rights. Will report back! Lyndell is right in that these letters ARE intimidating when you receive them...

[intend]

Agree - keep it brief and simple for these muppets. I have them chasing me - no CCA, account in disute letter sent and for last couple of months get a letter stating the are looking for it.

 

please do not worry - if still paying token amount then will not get worse.

 

Intend

[clairedcat]

Hi lyndell, Im not very experienced to give you advice, but one thing I do know, the advice you get on here is lifesaving, my heart goes out to your son, but with a mum with the sense to ask this lot for help, he'll get through it. Good luck and stay strong !

[alfwithhair]

Moorcrofts notorious Pre-Litigation Division., don't make me laugh, they couldn't litigatate anymore than I can do open heart surgury.

As donkey said they are still in default of a legitimate CCA request.

You could also enclose a copy of their letter saying they were no longer dealing with the account due to them not being able to fulfill your request and ask they are still dealing with it, that should confuse them sufficiently enough to send it back to the OC again

[Lyndell]

Thanks Donkey, I will do a letter for him this weekend. Is it usual for a company like Sainsbury to pass an account back to the same DCA especially after Moorcroft passed the account back to them when they couldn't supply the CCA ?

 

To clarify: I am replying to Moorcroft's latest letter pointing that they remain in default of a legitimate CCA request, and that the account STILL remains in dispute. Just a couple of queries, when a CCA request is sent to a DCA then is it law that they must reply? Were Moorcroft within their rights writing to say my son had to resubmit his request to Sainsbury? When I send the letter, shall I enclose my son's copies of the CCA request and Account in Dispute letter? Will I be in order to say that no payment is enclosed as they cashed his Postal Order and refunded the £1 payment by cheque - which has not been cashed. Presumably, once this letter has been sent, does my son then just wait to see what happens?

[Lyndell]

Thanks - will do Alf. Your reply came through as I was composing my reply to Donkey. I must admit I was shocked when he received the letter from Moorcroft, thought he had heard the last of them! Will keep everyone updated.

[coledog]

Enclose all previous correspondence, don;t worry about the fee, you sent it (send cheque back if you like). Tell them to stop wasting your time!

[Lyndell]

Coledog - your reply is why I love this forum. I think I was even more stressed out than my son last year (if that was possible) but since I first posted on here last November I have finally been able to take one day at a time and am actually even slightly relaxed! All the horrible thoughts about legal action, baliffs etc have been put to one side and although my son still struggles with what has happened he is slowly picking himself up and can see light at the end of the tunnel. Thank you to everyone for your support.

[coledog]

No problem, you are the most important person in this and remember that!

[Frog Escalator]

Hello,

Sorry to piggyback again on this thread, but I have a very similar Moorcr*p situation!

 

I received a letter from them with the exact same wording as the opening post, and within a couple of days wrote them a CCA letter. That was over a week ago and I have a proof of delivery from Royal Mail.

 

Today I've received by second class (franked envelope, not Mailsort etc) a letter stating "Possible Litigation", the body of which is:

If you do not contact us following receipt of this letter we may have no alternative other than to recommend to our client that solicitors issue legal action against you which may follow. Please note if legal action is necessary and if the solicitors instructed are successful in entering judgment then your debt may increase as follows:

 

[Table with current balance and then the "legal" costs they would add on]

 

Please do contact us now. Neither we nor our client want court proceedings to be issued and it is still possible for you to avoid this by agreeing a repayment plan that you can afford and maintain.

I have been paying a fair amount to the creditor for a year through CCCS. I have already written to Moorcr*p with a CCA request letter. They have been phoning me incessantly for about ten days but I noticed their calls have stopped this week.

 

I'm wondering if it might be advisable just to ignore this recent letter and then send an Account in Dispute letter if/when they don't respond in time to the CCA request?

 

Just wondering what the 12+2 days means re. the timescale. If I have proof that they received the letter on say Mon 20 June, when is the soonest I should/could send an Account in Dispute letter? I am due to be out of the country for ten days, starting around the time that the CCA would be overdue! I wonder whether just to send a dispute letter by second class recorded on the day I leave?? (5 July)...

 

Many thanks in advance for pointers!

[BRIGADIER2JCS]

As soon as the 12+2 is up send the account in dispute letter RD.