Moorcroft Debt Recovery ltd

[mikon1]

I am writing in reply to the letter dated 19th April 2011, which was received 22nd April 2011.

 

The letter

 

Hi

 

New to this forum but seeking advice.

 

I am currently on a DMP with CCCS they have been making monthly payments to NEXT for the past year without missing a single payment.

 

Today I received a letter from Moorcroft saying that they were acting on behalf of their client the letter stated the following:-

 

This is a notice of INTENDED LITIGATION before legal proceedings in the County are issued. We believe that this letter fulfills this requirement even if its 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 in the next 7 days to the value of £200.

 

Both our client and we don not wish to take this action but if agreement cannot be reached by 26/04/11 a claim may be issued by solicitors instructed to act on behalf of our client without further notice.

 

WWe would draw your attention that if Judgement and an order for repayment in full is obtained and remains unpaid, a range of court enforcement options are available to our client and an application for one of these may be considered

 

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

 

 

 

A J Martin

Debt Recovery Manger

 

 

Panic has hit me as I have never had legal letters like this before and I am worried about this.

 

I would like some help as I am worried sick about this letter totally ruined my holiday weekend

 

1. I contacted NEXT 8 weeks ago to dispute the amount owed as CCCS had paid more than NEXT had deducted from the account but they have not responded. How does this affect this letter of INTENDED LITIGATION

 

2. Should NEXT not have notified me that they were passing the debt on to MOORCROFT ?

 

3. How is the Data Protection Act applied surely NEXT cannot just hand my data over to a third party without my consent ?

 

4. Should I request a copy of the CCA although I do not think they will have a signed one as it was done online ?

 

5. I cannot pay will this end in court?

 

6. What Should I do next?

 

7. Does anyone have a template of a letter i can use to respond to this letter?

 

I have contacted MOORCROFT this morning by phone to seek advice on what happenings next and advised them that I was on a DMP with CCCS but the lady on the phone was a bit vague. I told her I could not pay anymore than what is being paid via CCCS and that CCCS has my authority to deal with my financial affairs. She again just said ok. I asked her why this was being sent and she replied they were acting on behalf of NEXT.

 

I also informed her that I had written agreement from NEXT accepting my DMP payments for the next 3 months until July 2011 again vague.

 

Can anyone offer me advice to stop my worrying and answer the questions I have raised I would also welcome any other advice given on this company and matter.

[Tingy]

OK! Firstly stop worrying. I honestly believe this to be an empty threat, however frightening it may seem to you. Why? For the simple reason you have been making regular payments to pay off this debt using a reputable DMP provider for the past year.

 

I do not believe for one minute Moorcroft will take you to court, and if they did the judge would without doubt give them a good telling off for wasting his and the court's time.

 

In terms of what do you do? Stop phoning the people totally as they will say things on the phone that they would never put down on paper. Insist if they phone you that from now on everything must be in writing for the avoidance of doubt.

 

Write to them telling them you are paying what you can afford and that you intend to continue doing so. If they feel that this is not good enough, then they can take you to court, but before doing so should bear in mind the OFT guidance on debt collection, the Lending Code and what it has to say about debt collection, the Consumer Protection from Unfair Trading Regulations 2008 and what it has to say about agressive commercial tactics which could end up with them losing their licence, facing a large fine or facing imprisonment for two years. These are to name but a few of the regulations you could quote to them.

 

After that, rest easy. It is scare mongering pure and simple. Report it to the OFT and the Office of Fair Trading then forget about it and carry on as normal. If Moorcroft are stupid enough to continue this approach after receipt of your letter, then post up and let us know and we'll really start to get tough with them.

[mikon1]

Tingy

 

Thank you for your response. I am going to write a letter and will include some of the things you have highlighted. I appreciate your response.

 

Thank you and have a great Easter

 

Mikon1

[ArtisanUK]

I saw your post on MSE. Ignore the twaddle posted by chanz4, as he is a troll who seems to take some peculiar delight in upsetting people.

 

Send a copy of the letter to CCCS and report it to Trading Standards and, for all the good it will do, to the OFT. The likely response from the OFT will be their standard guff stating that if there are any other complaints, they might take action - they seem to have a curious sort of binary counting system there, where there are either no complaints at all or there may have been one. All numbers above one do not exist for those flatlanders, so 200 complaints = just one complaint - and that's not serious enough to warrant any serious action.

 

It might be worthwhile asking CCCS to contact Next directly, cutting Moroncroft out of the loop.

[ArtisanUK]

Write to them telling them you are paying what you can afford and that you intend to continue doing so. If they feel that this is not good enough, then they can take you to court, but before doing so should bear in mind the OFT guidance on debt collection, the Lending Code and what it has to say about debt collection, the Consumer Protection from Unfair Trading Regulations 2008 and what it has to say about agressive commercial tactics which could end up with them losing their licence, facing a large fine or facing imprisonment for two years. These are to name but a few of the regulations you could quote to them.

But we all know that the Office of Faffing and Twaddling won't do a darned thing to protect consumers.

 

Report it to the OFT and the Office of Fair Trading

In duplicate?

[Bazooka Boo]

I saw your post on MSE. Ignore the twaddle posted by chanz4, as he is a troll who seems to take some peculiar delight in upsetting people. Is he now! Point him in my direction the little twerp!

 

It might be worthwhile asking CCCS to contact Next directly, cutting Moroncroft out of the loop.

 

It will be very worthwhile contacting CCCS and telling them that this somewhat undesirable & childish outfit have decided to raise their ugly head above the parapet and are well and truly in the line of fire, DO NOT respond to these fools letters, they are only EMPTY childish threats which they believe work on the weak minded, so DO NOT write or acknowledge their pathetic letters ever!