O2 and Moorcroft

[mikedo]

Hi, I'm new to this so please accept my apologies if I'm in the wrong forum.

 

A debt with O2 has been passed to Moorcroft.

 

 

Moorcroft are now telling me that they have applied to the court for a judgment date because I did not reply to their letter that informed me that this would happen

(I don't recall specifically getting that letter).

 

They tell me that they can apply for a judgment by default and that once it's applied for the court do not have to contact me

and I have no alternative but to pay the whole amount (approx £340) if I wish to avoid getting a CCJ.

 

They have said that the court will give me a grace period of 30 days from judgment in which to pay the debt,

during which time the judgment will be lifted and not show on my record.

 

My question is this: Is there nothing I can now do with the court (I don't know which court it is) in order to put in an offer of payment without the judgment being put on?

 

Many thanks

 

Mel

[BRIGADIER2JCS]

Hi welcome to CAG,

 

This sounds odd to me for there to be a judgement by default or otherwise you would have received a ''Claim Pack'' from the court service for you to complete, giving you the chance to defend the claim or admit it and make an offer to pay the debt.

 

Has this been sent to in writting or is this from a phone call? If you have a letter stating this please will post up a copy here after removing personal data and identifiers.

 

Is there a claim number mentioned?

[mikedo]

Just a phone call. I'm pretty good with keeping letters and can find nothing from the court - I would panic and certainly keep anything from court.

[BRIGADIER2JCS]

This sounds like one of Moorcroft more flamboyant nonsense calls so ignore until you get something in writting.

[mikedo]

They have given me the court telephone number and warrant number. They say they do not know when THEY sent out a claim pack. But surely that would be a court document?

[mikedo]

Hi, I'm new to this so please accept my apologies if I'm in the wrong forum.

 

A debt with O2 has been passed to Moorcroft.

 

Moorcroft are now telling me that they have applied to the court for a judgment date

because I did not reply to their letter that informed me that this would happen

(I don't recall specifically getting that letter).

 

They tell me that they can apply for a judgment by default and that once it's applied for the court do not have to contact me

and I have no alternative but to pay the whole amount (approx £340) if I wish to avoid getting a CCJ.

 

They have said that the court will give me a grace period of 30 days from judgment in which to pay the debt,

during which time the judgment will be lifted and not show on my record.

 

My question is this:

 

Is there nothing I can now do with the court (I don't know which court it is) in order to put in an offer of payment without the judgment being put on?

 

Many thanks

 

Mel

[spamheed]

They are talking rubbish, have you actually received a court claim form? I doubt very much, what they are doing is over inflating their position by making threats of doom and gloom which are way outside of their abilities. without such a claim form, they will be doing nothing

 

Although Mobile contracts fall outside of the CCA, you should still send them a "prove it" letter to make them demonstrate that they actually have a right to make any kind of demands for payment

[wonkeydonkey]

Claim packs are sent out by the court where the application is submitted....I'll go with Brig on this #4.

 

The process is....creditor makes claim on N1 form,on which they must fully particularise their claim or if done through MCO they can send full particulars within 14 days.....debtor receives claim pack and acknowledges same, with either admission to the claim or admission to part of the claim alternatively they deny the claim and/or they counterclaim...they submit their defence and return to the Court. next is the Court send out an allocation questionnaire and then you get a date to attend the hearing.

 

If you have had none of the above then Moorcroft are telling porkies..

WD

[brassnecked]

It is very rare indeed for Moorcarp to do court, they do a nice line in spoof court papers though, and threatOgrams, with loads of might, could and maybes in them; so like WD I would agree with the Brigadier.

[unclebulgaria67]

If they submit a court claim, the courts will send you a court claim to the address Moorcroft gave them, which I presume is where Moorcroft have written to you. They will only get a default judgement, if you did not respond to the claim within the allowed time.

 

Agreed. Send the prove it letter.

 

See what dispute you can enter into with 02, as that should prevent any such action being taken by them.

[MelDo]

Is the fact that they've given me a warrant number for the court reference proof that they may be serious? I really don't recall receiving any correspondence from the court.

[dx100uk]

scan up these letters please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[MelDo]

Copy of Moorcroft letter

[unclebulgaria67]

Is the fact that they've given me a warrant number for the court reference proof that they may be serious? I really don't recall receiving any correspondence from the court.

 

You could phone the Northampton Court bulk issuing centre on 01604 619400 to find out if Moorcroft did issue a court claim against you.

 

If someone at Moorcroft has made this up, them make a complaint, as they have broken the law. Adminstation of Justice Act 1970 Section 40.

[unclebulgaria67]

Copy of Moorcroft letter

 

Too small

[dx100uk]

pdf it please

[MelDo]

Try again

[unclebulgaria67]

Sound like they are saying that they issued a court claim against you using the Northampton Bulk Centre. Phone the number given earlier tomorrow to find out the details of this court claim and where it was sent. Perhaps it was sent to the wrong address. Anyway, if you definitely did not receive it, you can fill in the relevant form to ask for it to be set aside.

[ploddertom]

I'll move this to the Debt Collection Industry Forum where others may know more about how Moorcroft operate, if it turns out they have issued a claim then it can be moved again if required.

[dx100uk]

too many if's in that letter.

 

what other letters have you got

 

something smells

 

here

 

note they say they have sent the court

not the court has requested anything.........

 

and warrant number?

 

that only comes after its jumped courts and HCEO's are involved...

 

some thing is not right here

 

go get your cra file and comeback

 

see below

 

does this debt show

 

dx

[MelDo]

Does it cost to have a set aside?

[unclebulgaria67]

Does it cost to have a set aside?

 

Yes there is a fee of £75, but I think it is free if you are claiming benefits.

 

You should phone the court tomorrow as advised and report back on CAG. If Moorcroft are making this up, then they are open to many complaints and I think their letter may be seen as unlawful.

[spamheed]

OP should be complaining to OFT about this, the insinuation in the letter that they have some kind of direct line to the courts (a la Batphone), is ludicrous and obviously designed to instil fear and panic, no admin errors here, this is harassment and should be reported

[spamheed]

Duplicate thread

[ims21]

Two threads merged on the same issue