Moorcroft - Fees added to debt

[mawes_6065]

I had a loan with Cahoot in 2005 that I fell into arrears with due to losing my job.

 

The loan was then passed to their solicitors 'Weighmans' who I set an agreement with of £100 per month.

 

I have been paying this by standing order every month on time and have never missed a payment.

 

I have not received any letters from Weighmans (other than the normal statement type letter stating what is remaining).

 

Out of the blue today I have received a Pre court letter from Moorcroft stating the debt has been passed to them and I need to pay the balance in full within 3 days. I

 

n a panic I called Moorcroft to find out what was going on as the balance on the letter was £3690 and I only owed £2990.

 

I was told they had added their fees and interest on top of the amount I owe (this now means I am back to the balance I owed at the beginning of the year).

 

When I asked why this had been passed to them they told me it was because I was not paying the balance fast enough.

 

I haven't received anything from Cahoot or Weighmans stating this... I have also never received any letter saying my account was being passed over to a debt collector.

 

I am due to make a payment on the 27th but do I pay Weighmans and fall behind with a debt collector or pay the debt collector and break my agreement with the solicitor?

 

Also can they add £700 to the balance?

 

If they can then what is stopping them transferring the balance to another debt collector in 12 months time who will add their fees to the balance.

 

Moorcroft are the worst company I have ever had to deal with and their staff are trained to be as unhelpful as possible!

 

Any advise on what I should now would be a great help.

 

The ideal outcome would be to carry on paying Weighman solicitors as I have been doing.

 

I have called the Office of fair trading who advised me to write a letter and carry on paying Weighmans as I am then not breaking their contract

but then will not have the money to pay the debt collectors if they get nasty and demand their money.

Edited November 22, 2010 by dx100uk
clarity.

[dx100uk]

you broke the golden rules

 

NEVER EVER talk to anyone

 

esp a DCA or their tame solicitors on the phone.

 

mucky hall have NO authority to add anything to the debt.

 

in-fact, i'd go as far as to say you maybe being fleeced blind here by weightmans too..

 

have you ever CCA'ed WM to find out if they hold the LEGAL paperwork to demand money from you.

 

if you've been paying £100PCM all these years you've well cleared the original debt anyhow.

 

can you tell us about it please

 

how much and with whom?

whrn

and when you began to have payment problems?

 

been levied any default charges? got mis-sold PPI?

 

all of these are reclaimable.

 

dx

[harrassed senior]

Watch out for the Moorcroft Pre-School letter next:lol: I know that this is not a joke to you yet, but it will be, they are just useing frightening tactics, ignore them and they will go away.

[mawes_6065]

I took out the loan with Cahoot at the end of 2004 for £9k and lost my job 6 months later. I started paying Weightmans £100 around mid 2005 and have been paying them ever since. At the beginning of 2010 I owed around £3600 and should now owe £2900. Moorcroft said the extra money added was fees and interest. I didn't take out PPI as I assumed my job was safe. I read briefly on here today about CCA but still not 100% sure how to go about it and also how it will help me.

[harrassed senior]

You need to send the CCA Request to ensure that the original loan Agreement Document is still around. There are many older loans etc. from around 2004 that do not have the correct paperwork for enforcement through a Court. This request will cost you £1 and requests that they send you the correct documentation to prove they have that right, and any right at all to be collecting from you.

 

This is what you need to do:

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and 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 an appointment with you or any of your associates.

 

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 and Short Ltd [1959] 2 Q.B. 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, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[harrassed senior]

Once the 12 + 2 days has passed and they have sent nothing, you can send them the Account in Dispute letter, stop paying anyone and wait until or if, they ever find the correct paperwork. Send it to Moorcroft. They will run a mile!!

[mawes_6065]

Thanks for all the info. I'll be sending this first thing tomorrow and will let you know what I get back. I plan to carry on paying weightmans until I hear back......I'm hoping this payment will still come off my balance and not get lost somewhere in their system.

[mawes_6065]

Just see your other reply about stopping payment

[dx100uk]

pers i'd cca wMns

 

dx

[mawes_6065]

A quick update ....... I sent the letter recorded delivery the next day (23rd Nov) and they signed for it on the 24th Nov. I received a letter from Moorcroft stating they are requesting the information from Cahoot and until then they have frozen the account. Are the 12 + days working days? It's been 15 days since they signed for the letter and I haven't heard anything back but if it's working days then I guess I have to wait a little longer. What do I do now if they haven't sent through any information I requested?

 

Thanks for your help

 

M

[dx100uk]

working days

 

then sent failure to comply letter

 

see the library top left

 

dx

[count orlok]

If you have no job and are living on JSA you shouldn't be paying £100 a month, more like a £1. Especially now Moorcroft are on the case.

[mawes_6065]

I really need some advice as I am so confused now. I have just received a letter from Weightmans Solicitors asking where their payment of £100 is...... If the debt has been passed to Moorcroft then why are Weightmans wanting the payment? I am now worried I have defaulted on the agreement I had with Weightmans. Do I call Weightmans or write them a letter. If I write a letter I don't really want to write too much details in it. Any help would be great.

 

I'm working full time but £100 is the maximum I can pay towards it a month. If no letter arrives Monday regarding the CCA them I will be sending the second letter on Tuesday.

[Bazooka Boo]

I would hold ALL payments to any of them who purport to be able to collect this alleged debt.

You can tell weighmans that Moorcr@p are telling you to pay them, and until such time as they A) produce any paperwork to confirm this B) sort it out amongst each other who has the legal authority to collect, that you will NOT be paying them further.

I would send them both that in a letter rather than the phone as they will threaten you over the phone with random BS that won't happen.

You MUST make a formal complaint about both of these fools to the OFT&TS via http://www.consumerdirect.gov.uk/contact TODAY!

 

Send the FAILED letter ASAP, you must keep on top of them else they will think they are the ones in control.

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

 

Plus if that amount is what THEY TOLD you to pay, now is the time to TELL THEM what you can realistically afford and pay, but AFTER you have seen a copy of your agreement.

[dx100uk]

little fleecers!

 

dx

[mawes_6065]

I still haven't received any agreement from Moorcroft. I sent the FAILED letter on 14th December and have received a letter from Moorcroft today saying they have sent my request off to Cahoot/Santander and are waiting for them to reply. The letter also states that I need to make immediate contact with them to arrange payment to avoid any action being taken against me. The first letter they sent me after they received the CCA request stated everything was frozen and now they are saying they will take action if I don't call to arrange payment. Can they do this? Where should I go from here?

[mawes_6065]

Thanks in advance.... Any info and help is much appreciated.

[dx100uk]

stop payments

and wait for it to appear [if ever!! ] little fleecers.

 

now you need to SAR the OC and get reclaiming.

 

dx

[Bazooka Boo]

No, don't worry, it is computer generated, they probably don't even realise it has been sent out!

Whilst they are in default of your request they cannot do anything, except send you lame puerile threats like you have just received! File it away and add it to your complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contact

[sillygirl1]

If I read this rightly, you have been paying £100 a month for the last five years against a debt of £2990?

 

Even using simple maths without interest calculations

 

100 x 12 - £1,200 x 5 (2005 to 2010) - £6000 so I think a SAR is in order here to find out how much you have overpaid.....

 

Of course if you have paid less some months then you still may have overpaid and need a refund plus compensation off these sharks.

 

Go for them...

[angryandy]

Sillygirl, the OP had a loan of 9k. They have been paying 100 a month for five years so they still 'owe' 3k.Hope that didn't sound narky as wasn't meant to be!!

[mawes_6065]

I read on the forum that if I still haven't received the cca agreement after the 12+2 working days from first letter then an addition 30 days after the second letter then company are committing a criminal offense.... Is that correct?

Moorcroft signed for the 1st cca request letter on 23rd nov then on 14th they received my second letter. In the last few days Moorcroft have been calling me everyday but leaving no message (I won't pick up)..... What happens now? Do I just wait and keep ignoring calls or send another.

Thanks for everyones help ... You've been great.

[mawes_6065]

Meant second letter signed for on 14th DECEMBER

[Bazooka Boo]

Just lost EVERYTHING I typed up!!!!!!!

Nudge this post tomo, and I will give you the links you need to seek to take action against these foolish children!

Complain to these for the misuse of the communications network!http://www.ofcom.org.uk/contact-us/

 

Info only: http://www.legislation.gov.uk/ukpga/1970/31/section/40

 

http://www.legislation.gov.uk/ukpga/1997/40/contents

[dx100uk]

if you have received no reply to your CCa request after 14 working days

 

stop payment now. fire off the failure to comply / indispute letter.

 

the 30 days thing was removed some 18mts ago no longer applicable .

 

dx