Need answers

[maxibon]

Last week I ask for a coppy of my CCA but he laughed and said 'i had been looking on the internet too much' and I said, actually it was the CAB (which it wasn't, but i wasn't going to tell him that), and he said 'listen love, don't waste your time, we don't listen to the cab, its your debt, you know it is, and you're gonna pay it back like it or not. If i have to send a bailif round its £200 for him to knock on your door which will be added to the debt':o

 

I am by no means disputing the fact that I owed money to Provident, but I am sure that the amount they are trying to get off me is way more than it should have been despite this very intimidating guy informing me 'moorcroft are not wescot, we don't add any charges on the debt'.

 

Do I still have a right to ask for my CCA? If so, if they don't provide it within the time limit, is the debt therefore unenforcable despite me paying to it already? And, does it matter that its a collection agent from Moorcroft collecting the money, because this fella really scares the hell out of me? Do I send the CCA request to Moorcroft itself, because if I gave it this collection agent i'm sure he'll laugh at me because he said I can't do it now.

 

I have 2 children and as I say, this man scares me, very intimidating, and not only that, he knows how uncomfortable I am with people knowing my business, but he seems to go out of his way to make sure the whole street are aware of what has happened, despite me telling him not to discuss it outside. I feel humiliated, and more to the point, annoyed. I hate this man coming to my house, and if I have to pay it back, i'd rather pay with my bank card. What can I do???

 

 

Firstly dont worry or panic! Doorstep collections have the same powers as you or me. Especially via Moorcroft, they have just learnt over time what to say to ensure people pay up.

 

I would firstly write to moorcroft explaining about the doorstep collection man and his 'nature' and offer however much you want to pay and send in a financial statement to support this. Confirm in the letter you will not make payment via Doorstep collection and they CAN recall it and should do so too.

 

With regards to getting a Credit agreement there should be no reason why you cant and I would include this in your letter too. If they did not provide this then yes the debt would be uneforceable despite you paying it as it seems you felt you had no choice but to pay it. If the collector does call round again confirm you are in dispute with the account and he does not have the right to be on your property! Send him packing and not to bother coming back. ( Has he given you a receipt each time for payment as well?)

 

There are some handy letter and templates here. http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

Good luck and ask again if anything else you need help with....

[maxibon]

yes thats correct, I would do it by postal order as you can now apparently track when its been cashed. Use the letter below.

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

This should get thinkgs moving and I would send to whoever currently is looking ater the debt i.e moorcroft based at Spring Gardens Stockport Address.

 

Good luck If I have been helpful click my scales to the left!!

[maxibon]

Yep phone them....He is talking out of he rear!! Hes only different cos he a lying swine. Tell him you are not making further payments via him and you are writing to moorcroft directly...When you do send your letter mark it for the attention of 'home collections'. Make sure you clearly state his manners and how he scares you and that you intend to pay so much but only via Moorcroft directly. Remember to enclose a financial statement to support any offer.

 

Even if you offer £1pm as long as your financial statements shows this is what you have left per month ( wink wink ) they will accept it or send it back to your original debtor. Anything over £3 per month moorcroft will keep the debt with them and you can carry on paying them.

[maxibon]

They are breaching Data Protection as well when telling other people about your business. If you are sure this has happened tell Moorcroft Home collections as they did take this quite seriously...

[maxibon]

NB Battleaxe, I meant 'call the police ' when I stated

Yep phone them

if he doesnt leave.

 

It does sicken me the way Moorcroft deal with people. They are very 'Cowboy' anyway and I heard so many breaches in my time there, it was terrible.