DCA threatening to visit my home

[gazel]

Hi there I'm new here so please forgive me if this post is in the wrong place.

I got into a fair bit of debt 10 years ago, I couldn't afford to pay it off so I made arrangements to pay small amounts monthly I have paid quite alot of the debts off but I have one that I was paying for Lloyds TSB I was keeping to the arrangements with the DCA (I forget the name) which I was paying then this year I sent a letter asking them for a copy of the original agreement they said they couldn't give me one and would pass the debt back to Lloyds. Then I got a phone call from Moorcroft debt recovery telling me they had the debt and I need to make arrangements to pay I asked them for a copy of the agreement and over the phone I was told that they no longer needed to give me one and if it went to court they would win, so I put it in writing to ask them sent it recorded delivery and told them only to comunicate via mail they said if I sent £1 postal order or cheque they would get me it so I sent that and I have had a letter through the post this morning saying that it has been passed to home collections devision because I have failed to make payments and that a local representative may call at my home they want me to phone them so they can offer me a substantial discount but even if they do I can't afford it right now this is a 10 year old debt an I have no idea if the amount they are quouting is correct but I don't want someone calling at my home what should I do please?

[Crocdoc]

Doorstep agents very rarely call and if the do they have no rights whatsoever , I understnd that P--s off is the correct technical terminology.

 

When did you last make a payment

was there PPI attached to the loan

 

The mere fact that they are offering a discount may only be a tactic in order that you acknowledge the debt.

 

I would go down the prove it route and continue to press for the agreement.

[unclebulgaria67]

When did you stop paying this debt back ?

 

If you look in the library (under the words Banks&credit) on this site above under debt collection, there is a letter you can send, advising that you do not give permission for any doorstep visit. Add that you have made a request for the CCA which they have ignored.

 

Beware that they might not send anyone to do a doorstop visit. They might instead send you a postcard with a mobile number on it, saying that their visit was unsuccesful and can you phone Bob (etc) to discuss. If you look carefully there will be a TNT or other post mark. It is meant to put pressure on you.

[whyme-agen]

Hi there gazel, and welcome.

 

Someone more knowledgeable than myself will be along to put you right.

 

Don't worry about Moorcroft,they, like the other DCA's,try frightening tactics,and I doubt very much if anyone will call.

 

Try to picture three people sat at a desk in a seedy little office.

 

One will be the litigation office,at the side of him/her will be the legal department, and then the collections department.

 

All conscience free Dumbo's.

 

Always look on the bright side of life

 

Cheers

 

Bye the way, DO NOT phone these muppets

[gazel]

When did you stop paying this debt back ?

 

If you look in the library (under the words Banks&credit) on this site above under debt collection, there is a letter you can send, advising that you do not give permission for any doorstep visit. Add that you have made a request for the CCA which they have ignored.

 

Beware that they might not send anyone to do a doorstop visit. They might instead send you a postcard with a mobile number on it, saying that their visit was unsuccesful and can you phone Bob (etc) to discuss. If you look carefully there will be a TNT or other post mark. It is meant to put pressure on you.

I didn't stop payment as such I missed 1 payment with the original DCA and they got a little cranky so I asked them for original agreement copy and account statment to see how much had been paid and how much I still owe and they said they couldn't give me that and were passing it back to Lloyds next thing I know Moorcroft ringing me they got a little heavy with the wife over the phone telling her if it goes to court they would win and they didn't have to supply us with any agrrement copy thats what brought me coming on here really. How long do I have to give them to supply me with a copy of agreement and if they don't give it to me what do I do then?

Thank You for all your posts

[ScarletPimpernel]

Moorcroft are full of pish and wind, especially if you speak to them on the phone. Your first action is to stop any phone contact; if they ring just saty 'in writing only' and hang up. You will find that their letters are full of ifs and maybes. I'm not aware of a single Moorcroft court case.

[teaboy2]

they have 12 + 2 days in order to produce the agreement after that they are in default of your request and can not enforce the debt, By the sounds of it their is no such agreement hence why the first DCA past it back. What they said over the phone was grossly misleading as they are required by law when sent a request and the £1 fee to produce a true copy of the agreement or reconstituted or microfinche. Since its over 10 years old then even if such agreement did exist (most banks only keep documents for 6 years) then it would likely be unenforcable in court anyway. So once its past the 14 days mark, sent this - http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

Then sit back and ignore them.

 

Though if they continue to sent you demands for payments or call you report them to OFT, trading standards, ICO, Consumer Direct, FSA and FOB and to any other relevant body you can think off.

[Bazooka Boo]

If these clowns have it, then you can guarantee it is not enforceable, it will more than likely be that they cannot produce any kind of paperwork to support their delusional claims.

 

CCA request, enclose £1 Postal order, then when they fail to find the agreement, wave them goodbye.

 

Ignore anything they get their computer to spit out, it is meaningless drivel, they are not bailiffs, they are not judge and jury, they have no legal powers, they have no legal standing in society whatsoever, just laugh at them, these fools are at the bottom of the barrel and are laughed at by the rest of their corrupt rotten to the core industry, even robbersway laugh so much at them they do a little squirt of wee in their Y fronts!

[citizenB]

I didn't stop payment as such I missed 1 payment with the original DCA and they got a little cranky so I asked them for original agreement copy and account statment to see how much had been paid and how much I still owe and they said they couldn't give me that and were passing it back to Lloyds next thing I know Moorcroft ringing me they got a little heavy with the wife over the phone telling her if it goes to court they would win and they didn't have to supply us with any agrrement copy thats what brought me coming on here really. How long do I have to give them to supply me with a copy of agreement and if they don't give it to me what do I do then?

Thank You for all your posts

 

Oh dear, did they really say that Rest assured that had you already insisted that all communication be in writing, they would never have committed such a statement to paper.

 

They ARE obliged to provide you with a statement of account and ARE obliged to fulfill their s78 obligations.

 

Their confidence that THEY WILL win in court is probably mis placed as well.

 

From now on, as advised, do NOT speak to them on the phone unless you are in a position to record the conversation.

 

Do keep any correspondence and also the envelopes their letters come in.

[gazel]

The 14 days are up and I recieved a letter this morning from them saying they have requested the information from thir client and will forward it to me when they have it meanwhile they have put the account on hold until they have the documentation and asked me to supply them with information and evidence I will be relying on when giving evidence in court or the relevent statutory authoerities sould I still send the letter that teaboy2 suggests? I'm not sure what information they are asking me for

[Revenant]

The 14 days are up and I recieved a letter this morning from them saying they have requested the information from thir client and will forward it to me when they have it meanwhile they have put the account on hold until they have the documentation and asked me to supply them with information and evidence I will be relying on when giving evidence in court or the relevent statutory authoerities sould I still send the letter that teaboy2 suggests? I'm not sure what information they are asking me for

 

 

hi gazel

 

The only thing you send them is this . . http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

The account is now in dispute so all payments stop and it stays like that until the proper paperwork can be found, they should leave you alone as well

 

They're hoping that they'd get info from you to help them defend any court action that may follow and that's nothing to do with them at this point

 

Send that letter and sit back and relax

 

Good luck

 

R

[PGH7447]

thats there standard letter designed to try and frighten you, ignore it and sent the letter outlined above by Revenant

[whyme-agen]

Hi Gazel,

 

Details of something you may later rely on in court, sounds like something a Police Officer may say.

 

These 'people' are complete uneducated muppets who are trying it on.

 

Do as advised before, and ignore any threats or intimidation.

 

Would you supply details of your passport, driving licence, or even your national insurance number, if they asked for it?

I DON'T THINK SO

 

Keep calm and wait for their next step, which again will be a load of waffle.

[citizenB]

The 14 days are up and I recieved a letter this morning from them saying they have requested the information from thir client and will forward it to me when they have it meanwhile they have put the account on hold until they have the documentation and asked me to supply them with information and evidence I will be relying on when giving evidence in court or the relevent statutory authoerities sould I still send the letter that teaboy2 suggests? I'm not sure what information they are asking me for

 

Have they really said this ? What a hoot. You are not obliged to send them anything. If LTSB decide to take any legal action, it will be to them that you will be sending any information. Moorcroft will have no part in any court action at all.. .what are they like !!

[j_semple]

What you got today was a standard letter from moorcrap (Had that a couple of times) just sit back and let them send you the evidence.

[gazel]

I have recieved another letter from Moorcroft today this is what it says

"We write with regard to your recent request regarding a copy of your Consumer Credit Agreement and understand that our client has now contacted you with the relevent information.

We trust that the documents have resolved your query and we write in order to request that you contact us to discuss the options avaliable and confirm that we would be happy to seek to agree a repayment schedule that you can afford and maintain.

If these documents have not been recieved , please write to us and we will refer back to our client."

 

I haven't recieved any documents what so ever, I did however recieve a letter from Lloyds a couple of weeks ago asking what account numbers I wanted information for but I didn't know what it was so I didn't reply as I wasn't expecting a letter from Lloyds surley if Moorcroft are chasing money they would know what account numbers they are chasing?

Should I write to Moorcroft and tell them I haven't recieved anything?

[PGH7447]

either ignore them or write back and state that you have had no documentation from either them or the OC and that the account/s are/is still indispute

[IeatDCAsForBreakfast]

Hi Gazel

 

Good old Moorcroft

 

Don`t panic and do not let these DCA`s get to you with their threats and bullying tactics. Don`t speak to them on the phone and insist on any communication in writing - either by letter or e-mail if possible. Don`t give them ANY information.

These ****** companies rely on people becoming scared and paying out to them on debts that normally would be un-enforceable. I`ve had numerous threats to come and visit me at home from DCA`s and strangely they never visit!

 

 

All the best with Moorcrap, if they can`t produce the ORIGINAL GENUINE SIGNED CCA then tell them to sod off.. don`t let the leeches get ya down

Edited August 17, 2011 by IeatDCAsForBreakfast
merged post

[brokebutnotbeatn]

Bear in mind that this is an advice site, so what I might do if I were in your shoes will not be what other more experienced CAGGERS may advise. As you have been contacted by Lloyds I would be minded to write back and explain that you reached an arrangement to pay against this debt in [month], [year] and have been paying every month following this and by your calculations you have paid £x.xx against the amount owing. However when you ran into difficulties in [month] and missed a payment you were contacted in a very agressive manner by Morrcroft. This made you realise that in all this time you have never recieved a statement of account so you do not know how much is owing on the account; not can you work out what should be owing as you do not have the original credit agreement. When you asked this question of Moorcroft, you were advised that the account has been returned to them for action. You are simply trying to do what is right by the account and welcome their assistance in this matter. You are now at a loss as to whom you should be sending your regular agreed payment to and feel very stressed and upset by the whole turn of event...(or words along thse lines...)

[gazel]

Lloyds wrote to me asking for the account number I wanted information for, I have no idea genuinely of the account numbers as the accounts/debts are so old. If Moorcroft don't have the account number for the debt they are chasing there isn't much I can do to help them find it. Also Lloyds didn't make it very clear in the letter they sent that they were refering to the account in dispute with Moorcroft I'm only asuming that this is what Lloyds are refering to.

I'm just going to write back to Moorcroft and tell them I have recieved no cca.

[PGH7447]

If morecrap and lloyds cant provide an account number then in all honesty how can they claim a debt exists - write and state that it is not your responsibility to prove a debt does not exist but theirs and their pet debt collector to prove a debt does exist and one way to do this is to provide an account reference number - when you deal with idiots, keep the responses simple

[gazel]

I have just found the letter form Lloyds and this is what it says exactly

 

Unfortunately we are unable to accept this payment as you have requested documents for an account we do not manage, please find your cheque enclosed.

If you do require documentation for a Loan Account, please confirm the loan agreement number and return the cheque to be represented.

 

I have no idea of loan agreement numbers as I said before.

[citizenB]

The 14 days are up and I recieved a letter this morning from them saying they have requested the information from thir client and will forward it to me when they have it meanwhile they have put the account on hold until they have the documentation and asked me to supply them with information and evidence I will be relying on when giving evidence in court or the relevent statutory authoerities sould I still send the letter that teaboy2 suggests? I'm not sure what information they are asking me for

 

I have just found the letter form Lloyds and this is what it says exactly

 

Unfortunately we are unable to accept this payment as you have requested documents for an account we do not manage, please find your cheque enclosed.

If you do require documentation for a Loan Account, please confirm the loan agreement number and return the cheque to be represented.

 

I have no idea of loan agreement numbers as I said before.

 

Give me a few moments to revisit your thread and I will draft a response for you.

[citizenB]

Ok.. something along the lines of..

 

XX

 

To Lloyds

 

Dear Sir or Madam

 

With reference to my recent CCA request.

 

Your response dated (DATE) claims that you have no information on this account and that I am to provide YOU with an account number. Which I do not have.

 

However, I have recently been contacted by a company called Moorcroft. They claim to be acting on behalf of Lloyds TSB. Amongst other things, they have threatened court action and doorstep collections.

 

What they have failed to produce by way of evidence of any liability between either myself and them, or myself and you; is an account number, an agreement, or a statement of account.

 

If no paperwork can be produced or evidence of debt owed, then I can only assume that there is NO liability owed by me to either of you and I will make representation to the Office of Fair Trading as to the harassment from Moorcroft on your behalf.

 

Yours faithfully

 

XXXXXXXXXXXXXX

XXXXXXXXXXXXXX - sign over the grid

XXXXXXXXXXXXXX

 

 

This letter has been copied to Moorcroft

 

 

Then to Moorcroft.

 

Dear Sir or Madam

 

Moorcroft ref number.

 

Please find enclosed a copy of a letter sent to Lloyds TSB.

 

I can confirm that I have not received, as claimed by you, copies of any agreement or statement of account.

 

I have received communication from Lloyds TSB, claiming not to know of any agreement between myself and Lloyds TSB and they are therefore unable to provide one.

 

Unless either you or Lloyds TSB can provide the information that I am requesting eg, statement of account and a copy agreement, then I can only assume that you are misleading me into believing any liability exists between myself, you or Lloyds TSB.

 

In the circumstances, should you continue to pursue your recent tactics of threats of doorstep visits or litigation, I will make representation to the Office of Fair Trading and the Financial Ombudsman.

 

Yours etc.

 

XXXXXXXXXXXXXX

XXXXXXXXXXXXXX - sign over the grid

XXXXXXXXXXXXXX

 

Enclosed : Copy of letter sent to Lloyds TSB

 

 

Send both letters by Recorded delivery post if you can afford it, but at the very least, do obtain a free proof of posting from the post office for each letter.

 

What do others think ?

[gazel]

Thank you