Help & Adive Urgently Needed - Moorcroft Debt Recovery

[Mr Worried]

Hi Lyndell

 

Your Welcome.

 

I have just read that paragraph again and nearly choked on my diet lettuce sarni. in short, they want your defence before they make their next move it is an outrageous request, just shows they have not got a clue what is going on.

[DonkeyB]

They must think you’re nearly intelligent enough to work for them!

[PGH7447]

standard letter from the fools - ignore it

[ronin2510]

I have also had contact with the wild and wonderfull moorcroft, they phoned me out of the blue,the debt is with welsh water. Advisor wanted to ask me security questions and confirm my address which i refused to give untill he told me how he got my no, which he refused to do. I stated I had no previous letters from them so was advised one would be sent out, I told advisor I was not willing to communicate via phone and would reply via letter when i had received their letter, it arrived to day 5 days after initial call, they have phoned me every morning since initial call despite what I said. I am now prepareing a letter requesting deed of assignment, validation of debt, verification of their claim against me, I have every intention of paying debt if the amount is correct as I have had no correspondence bills etc from ww, in hindsite i should have contacted ww about no bills arriving, anyway I fully intend to harrass moorcroft, within the law of course, as far as I can.Each time they have called me I have asked them security questions before ending call.

[Lyndell]

I first posted about this problem on 11/11/2010 and was unsure whether to start a new thread or carry on. I have decided to stay with the thread as I could not post a link if I started a new thread.

 

This is the current situation to date. To give my son a bit of breathing space he wrote to Moorcroft on 12th November requesting a copy of the CCA. They sent him a letter dated 18th November confirming that they have requested the relevant documentation from their client (Sainsburys) and would duly forward it on. They also state that all collection activity on the account has been put on hold and they will not seek to enforce payment of this debt until such time as the documentation has been supplied. They go on to ask if my son can provide an indication of the information he will be relying upon when giving evidence to the court or information to the relevnt statutory authorities in relation to the alleged subject matter of this account. They asked for this information by return to minimize potential costs and delays.

 

This was the last letter my son has received and to date he has not received the CCA. He has not contacted Moorcroft regarding the information they requested and although they say they have put any collection of payments on hold I can confirm that my son is still paying the £5 he agreed with Sainsbury by standing order. I have told him to keep paying it until I get some further advice for him.

 

Can anyone advise me what he should do next. Should he send another request for a CCA and if so is there a template he can use. Alternatively should he contact Sainsburys direct to request the CCA as Moorcroft seem to be acting on their behalf. Should he stop paying the £5 standing order which is the payment agreed by Sainsbury and which is due to be reviewed by them in March 2011.

 

Any advice would be much appreciated. Thanks in advance.

[coledog]

You should send the Account in dispute letter, edit to suit and send recorded - link below. You don't need to send any other information. If they or anyone else harasses you - you can inform them that the Account is in dispute with Moorcroft.

 

Stopping payment is entirely up to you/your son

 

 

Account in Dispute letter

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[PGH7447]

standard letter from moorcroft hoping that asking for info to be provided in case it goes to court is a standard threat tactic used by these fools

[Lyndell]

Thanks for your speedy reply Coledog, will do this and post it tomorrow. Should my son make Sainsburys aware of what action he is taking or just deal with Moorcroft? For the time being my son has decided to continue paying the standing order of £5 per month.

[Lyndell]

Thanks PGH, I have learned so much from using this forum and don't panic quite as much when we get these letters. They must be quite intimidating though for people who do not have access to this site. Thanks again.

[coledog]

No - deal with Moorcroft - if Sainsbury or any other DCA come after you, keep and send copies of all correspondence so far and inform them that you have disputed this with Moorcroft. You are making affordable payments on a possibly unenforcable account so this is in your favour if they try any legal action in future. Hopefully you may be able to settle this in future with a low Full and Final if funds available. It may be possible to find out if there are any charges, PPI etc on this which would reduce the balance so a SAR request to Sainsbury may be in order - this may also reveal a credit agreement and other documents.

[Lyndell]

I have just typed the letter for him and will post it tomorrow. I presume I should wait the 21days before sending a SAR request to Sainsburys. When all this started I did tell my son I could manage to pay 50% of the debt as I really want him to be debt free. He passed this offer on to Moorcroft but they were not interested and wanted at least 75%. Unfortunately my circumstances have now changed and I have had to get a new gas boiler so hopefully we can defer this situation as long as possible until I am in a better position financially. Thank you once more - really appreciate your advice.

[coledog]

You can send a SAR request now if you wish - details below. Any info you can obtain will help you determine how much of this , if anything is actually owed. Sorry I don't have the address for Sainsbury.

 

SAR Request

Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply. Adapt the last paragraph to give any previous addresses that the OC may have and attach a copy of a utility bill or they will write back and ask for one.

General SAR template.doc

[Lyndell]

Just to keep you updated, I have sent the second request for the CCA but have not yet sent off the SAR request. The request for a utility bill may cause a problem as my son moved out of his house early October and is living at his brothers for a while until he sorts himself out. He therefore does not have any utility bills. Are you aware if they would accept anything else instead? Thanks.

[coledog]

Anything that proves current address but avoid anything with a signature and I would avoid giving bank details - you can always always cover these up if you have to use a statement or driving license. It is just to prove new address if it is different to the one they have on record. Don't worry if they know the current address, they may not ask for id.

[Lyndell]

Ok thanks for now. Be back in just over 3 weeks unless I get a response.

[Lyndell]

….and so the saga continues. After failure by Moorcroft to send a copy of the CCA my son followed the advice given on the forum and sent the Account in Dispute letter dated 19th January. He finally received a reply from Moorcroft today which I have typed out below:-

 

“We write in reference to your recently received letter and regret to advise that we are unable to comply with your request as we are no longer dealing with this account. For the avoidance of doubt you should resubmit your request to the client. We have returned the payment, where applicable, which was submitted with your original request, duly enclosed, and further advise that all future correspondence should be made direct to our client”.

 

It looks like they don’t want anything to do with the debt – does this occur quite often?

 

Moorcroft have not returned the £1 Postal Order but have sent a cheque. Is there any reason why my son shouldn’t pay it into his account or am I just being over suspicious!

 

Secondly what steps should my son now take? Does he have to start all over again and send the letter to Sainsburys asking for a copy of the CCA and enclosing the £1 postal order? We were just talking yesterday about sending a SAR request to Sainsburys as we hadn’t heard from Moorcroft but should I put this on hold for now?

 

Many thanks.

[Lyndell]

I first posted my son’s problem on 11th November and have been following the advice given by members. Unfortunately another problem arose last week and I posted it on the original thread seeking advice but did not receive any replies so have created a new thread.

I don’t seem to be able to post a link to the original post but very briefly my son received a letter from Moorcroft stating they were working on behalf of Sainsburys to recover the money he owed on a credit card. Unfortunately my son cannot pay it, his business failed – he has had to sell his house and he has paid off every penny he owed apart from Sainsbury. He is also still unemployed. Following advice from members my son sent Moorcroft a request for the CCA – when he did not receive it he then sent the Account In Dispute letter on 19th January. He has finally received a reply from Moorcroft which I have typed out below:-

“We write in reference to your recently received letter and regret to advise that we are unable to comply with your request as we are no longer dealing with this account. For the avoidance of doubt you should resubmit your request to the client. We have returned the payment, where applicable, which was submitted with your original request, duly enclosed, and further advise that all future correspondence should be made direct to our client”.

 

It looks like they don’t want anything to do with the debt – does this occur quite often? Moorcroft have not returned the £1 Postal Order but have sent a cheque. Is there any reason why my son shouldn’t pay it into his account or am I just being over suspicious!

 

Secondly can anyone confirm what steps should my son now take? Moorcroft say he should resubmit his request to Sainsburys – is this correct? We were just talking last week about sending a S.A.R. request to Sainsburys as we hadn’t heard from Moorcroft but should I put this on hold for now?

Even though my son sent a CCA request he has continued to pay Sainsburys £5 a month by standing order.

Any advice would be appreciated.

[harrassed senior]

This would appear to point towards there not being an enforceable agreement in existence. When these DCAS come up against people who they realise know their rights, they soon send debts back to the OC as it is too much hard work!! So nothing unusual there.

 

I would not worry too much as Sainsburys will either be back in touch with your son, or, they may pass it on to yet another DCA. Assuming you receive no response to your CCA request (you have made the request, the fact that they choose not to comply is no excuse), after 14 days the account is officially in dispute. So whether you get a letter from Sainsburys or another DCA just send them the bemused, Account in dispute letter by return.

 

http://www.consumeractiongroup.co.uk...lection-agency

[Lyndell]

Thanks for your quick reply. Can you just clarify for me - will the CCA my son sent Moorcroft be on record and will the account be in dispute now? Shall I send another CCA request to Sainsburys seeing as the account has now been sent back to them. Is it worth sending a SAR request to Sainsburys?

Edited March 2, 2011 by Lyndell

[themagician]

Thanks for your quick reply. Can you just clarify for me - will the CCA my son sent Moorcroft be on record and will the account be in dispute now? Shall I send another CCA request to Sainsburys seeing as the account has now been sent back to them. Is it worth sending a SAR request to Sainsburys?

i personaly would just wait,see what happens then if you get any other contact go from there.

your in caggers country now! sit back enjoy the ride!,

[silverfox1961]

Hi

As I see it, If another DCA turns up then you can send the relevant letter but if the Original Creditor starts chasing then I think it would be better to CCA them then if they cannot supply and they sell it on again-you can tell every DCA that follows to go forth

[ScarletPimpernel]

Threads merged.

[Lyndell]

Ok - thanks - will tell my son to sit tight and try to relax. He seems to be right back where he started. Sainsburys may write to him again shortly as they wrote to him on 17th September 2010 saying they would review his situation and payment in 6 months. Unfortunately about 8 weeks later he received the first letter from Moorcroft who said they were now working on behalf of Sainsburys!! It will be interesting to see who the next letter comes from. Thanks again. I will be back with the next instalment.

Edited March 4, 2011 by Lyndell

[Lyndell]

I have posted this on the old thread as this matter is still ongoing from November 2010. Briefly my son had severe financial problems, his business failed but he sold his house and managed to pay off all his debts except this Sainsbury one. Sainsbury put it in the hands of Moorcroft and following the forum’s advice he requested a CCA. When no CCA arrived he sent an Account in Dispute letter on 19th January 2011 – also detailing his new address. On 21st February, Moorcroft wrote back saying they could not comply with the request as they were no longer dealing with the account and referred my son back to the Client (Sainsbury). They also enclosed a cheque for £1 which we haven’t cashed yet – should we cash it now? I then went back on to the forum and took the advice offered i.e. do nothing until my son hears from Sainsbury.

Currently my son has heard nothing at all from Sainsbury although in previous correspondence they did state that they were going to review the situation in March 2011. However, unbelievably - he has had a letter from Moorcroft!!! forwarded on from his old address so obviously they have not updated their records.

The letter says:

Re: Sainsbury Bank

IMPORTANT INFORMATION – POSSIBLE LITIGATION

To prevent the above possible action please send payment before 20/06/11 or Telephone 0161 475 2808 immediately.

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:

They then go on to list extra charges on top of the outstanding amount, including:

Solicitors Costs for Issue of Claim Form

Court Fees for Issue of Claim Form

Solicitors Costs for Entering Judgment (by default).

The letter ends:-

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.

This forum has been so helpful and I would appreciate any advice on what I should do next.

I still have copies of all the letters received over the months. Should my son start all over again i.e. ask Moorcroft yet again for a copy of the CCA. If so, should he mention that they were dealing with his account previously but they referred it back to Sainsburys?

Just to confirm that my son’s circumstances have not changed, he is still unemployed and he already has a repayment plan – he still pays Sainsbury £5 a month by standing order. I have also reminded him that he must only communicate by letter.

Thanks in advance.

[intend]

My advice would be to send the account in dispute letter reminding them they failed to supply an agreement.

 

Intend