Moorcroft - Are They Right??

[dizzydeedee]

I sent a CCA request to Moorcroft with regards to a PROVIDENT account. They still sent the collections agent to my home so I have spoken to them today to ask them not to do it again. I was told:-

 

I still have to make the payments to the collections agent regardless

 

They will NOT provide me with a CCA as requested because I know that the debt is mine as I have made payments already

 

I would have been provided with a CCA myself at the time of getting a loan with Provident and therefore they dont know what I am wanting from them because its basically tough

 

To resolve it now without any further action I could make arrangements to pay them directly

 

IS THIS RIGHT??? DO I NOT HAVE A LEG TO STAND ON NOW??

 

I told them to comply with my request or the debt will be unenforceable and they laughed.

[falcon185]

Hi,

I take it you sent the statutory £1 with your CCA request. Was it by cheque or postal order, if they have been cashed then they have accepted as far as I know they have to comply with your request, even if they havent cashed it they still should have to comply. I may be wrong and I'm sure others with more knowledge in this field will be along shortly.

I take it you also sent it recorded and kept a copy for your records?

[PriorityOne]

I have also sent a CCA request off to Moorcroft and have been paying them for 4 years. It makes no difference whatsoever ! They have to comply with your request by law in the time frame allowed.

 

Sounds like they have had quite a few in lately.... Please, please tell us that you sent it by Recorded Delivery because this is your proof of when it was received by them.

 

Do not communicate with them unless it is in writing... they will just feed you with a load of cr*p.

[brecken]

I have also sent cca to moorcroft who sent a debt collecter round afterwards, I phoned and threatend them with legal action if they did it again.

still havent received the info I requested and havent heard anything from them since.

[dizzydeedee]

I sent the £1-00 postal order with my letter. I photocopied the letter which I have kept along with the receipt of the postal order, and I sent it recorded so I also have the receipt of that. They are not claiming they haven't received it, they have received it and it is on their system, but what they are saying is they DO NOT need to comply with the request as i HAVE admitted it is my debt by paying them. I was bullied into this by the coleection agent who I told to take me to court who then informed me that they didn't need to take me to court or get a court order to get the bailifs in now, so naturally I was panicked and came to an agreement reluctantly. If the CCA 1974 states that they must provide me with the information or if they dont they commit a criminal offence, then surely it would be illegal for them not to do and still try to recover the costs?

[dizzydeedee]

Please Please Please Please Please Please Please Advise Because I Am Close To Tears Here I Am So Worked Up With Their Attitude.

[falcon185]

Hi Dizzy,

deep breath, calm down, what they have done is inexcusable, they DO have to have a court order for Bailiffs to attend and they DO have to comply with your CCA request. They are using Bully boy tactics. Do not be forced into anyithng your unsure of, there are approximately 100,000 members on this site and are on your side so please dont think you are on your own.

The next thing I would do would be to send them a letter informing them that any further contact from them must be in writing. Then you will have a paper trail of what they have said to you. ALso advise them that any further phone calls WILL be recorded ( even if you dont have the facility to ) play them at their own game. If you feel worked up or at breaking point just visit this site, add a post and I'm sure someone will be along to help calm you down pretty quickly

[PriorityOne]

I sent the £1-00 postal order with my letter. I photocopied the letter which I have kept along with the receipt of the postal order, and I sent it recorded so I also have the receipt of that. They are not claiming they haven't received it, they have received it and it is on their system, but what they are saying is they DO NOT need to comply with the request as i HAVE admitted it is my debt by paying them. I was bullied into this by the coleection agent who I told to take me to court who then informed me that they didn't need to take me to court or get a court order to get the bailifs in now, so naturally I was panicked and came to an agreement reluctantly. If the CCA 1974 states that they must provide me with the information or if they dont they commit a criminal offence, then surely it would be illegal for them not to do and still try to recover the costs?

 

Please, please, please, please take a very deep breath

 

Firstly, they are talking from their rear ends. They do have to comply with your request. It is the law. Their business thrives on people like you and I and everyone else not being aware of their rights.

 

Secondly, they would have to go to court to get the bailiffs in. They cannot just ring up a bailiff company and pay them to harrass you for money/goods. However, unless they have a CCA, they cannot go to court because they won't have the paperwork. This is probably why they are being so shi**y with you.

 

Thirdly, if they do not produce the CCA in the 12 days after signature, they are in default. This means that the debt is unenforceable without going to court, but once again, they cannot go to court to enforce it without producing the CCA, so they are stuffed ! If nothing has been received one calendar month after the 12 day default, they will have committed a criminal offence as well and you can report them for it.

 

Fourthly, if they do not produce a CCA, it means that they never owned the debt in the first place. That means that you can claim back every single penny that you have paid to them since they first began collecting on your account because it was unlawful.

 

I hope you are smiling just a bit little now...

[falcon185]

See Dizzy???

I told you everything will be ok ;-) Now play hardball with these pussies

[dizzydeedee]

LATEST RE MOORCROFT

Moorcroft collection agent has just called at my home AGAIN! Me and my partner have had a heated discussion with him. First he says they DONT have 12 days to reply because THEY have to get the information from Provident which could take some time. He laughed in my face saying that 'he's heard it all before'. He said they dont have to provide it and if they dont provide it in the time frame I told him, it WAS still enforceable because MR MOORCROFT wa one of the richest men in the world (wonder why that is!!) and these companies have rights too. So again, i'm really confused. He also said that Provident would just sell the debt on to another company if I started to be non-compliant.

 

If Moorcroft cant provide the information requested, can PROVIDENT sell the debt on or is the debt completely unenforceable, by means that no-one can collect the debt?

 

I AM FUMING!!!!!!!!!!!

[dizzydeedee]

still mad...

[Guest The Terminator]

LATEST RE MOORCROFT

Moorcroft collection agent has just called at my home AGAIN! Me and my partner have had a heated discussion with him. First he says they DONT have 12 days to reply because THEY have to get the information from Provident which could take some time. He laughed in my face saying that 'he's heard it all before'. He said they dont have to provide it and if they dont provide it in the time frame I told him, it WAS still enforceable because MR MOORCROFT wa one of the richest men in the world (wonder why that is!!) and these companies have rights too. So again, i'm really confused. He also said that Provident would just sell the debt on to another company if I started to be non-compliant.

 

If Moorcroft cant provide the information requested, can PROVIDENT sell the debt on or is the debt completely unenforceable, by means that no-one can collect the debt?

 

I AM FUMING!!!!!!!!!!!

 

Firstly do not let this bully into your property again he is talking out of his rear end side ways.If he turns up again call the police.If he continuly harrasses you he is committing a criminal offence under S1 of the Protection from Harrassment Act(1997) which can also be construed as "stalking". And in a court of law "no agreement" = no enforcement.

 

There is no way a baliff can gain entry to your property without a valid court order and that is only for criminal offences.Even if it was a private one they do not have the same rights as a court baliff.

Do not speak to Moorcroft on the phone tell them that you will only entertain them in writing and if necessary you will take injunctive action to put a stop to their tatics

 

You have over 100,000 people supporting you on this so if you get any problems just post and hang on in there.

 

The Terminator

[PriorityOne]

dizzydeedee, please do not listen to any Moorcroft cr*p... because it is just that... cr*p. You do not have to speak to them on your doorstep and you do not have to answer your door if you do not choose to do so. These people prey on the vulnerabilities of people who owe money as if it is a criminal offence !

 

I would write to Moorcroft (Rec. Delivery) quoting the Protection from Harrassment Act, as Terminator says and any further harrassment from their company will result in you taking out an injunction against them (whether you mean it or not !). They are trying to pressurise you into paying. Hold your ground. Don't !!

 

If Moorcroft default on my CCA request this Wed., I shall be cancelling my Standing Order. Take back the control dizzydeedee, don't be bullied any longer.

[falcon185]

Dizzydeedee,

PriorityOne is right, they are just trying to intimidate you into paying as they know you now have the law on your side and there isnt a thing they can do about it.

I would send a letter to them stating that you require them to "cease and desist" from contacting you by phone or calling at your home without prior consent from you! ( Consent that you will never give) ;-)

Any breach of this request will result in court action being taken against them and compensation/court costs will be applied for. ;-)

 

The term "cease and Desist" is a lawful term and if produced in documentation any court would deem this a serious matter for those failing to adhere to it.

[djweeble]

Also, refuse to pay them another penny until they comply with your request.

 

IT'S YOUR RIGHT

 

As far as the doorstep Chimpanzee is concerned.......

 

Here's a few ideas for you, can you get hold of a microphone or some sort of recording device ? it doesn't matter if it works or not, it's just for visual effect. Answer the door with it in your hands and ask him to speak loudly and clearly for the recording.

Have you got a camera ? take a photo of him !

 

I'd put money on him backing off rather rapidly after that

 

Failing the above, just don't say a word to him, stand at the door laughing, then close it in his face, then, If he knocks at the door again, pour a bucket of water over him from an upstairs window, he won't make a complaint because he knows you can counter complain about his threatening behaviour and attempting to extort money with menaces :grin:

[Guest The Terminator]

And report these bunch of monkeys to the OFT for not following their guidelines.

[mbdiss]

if the monkey turns up again just go to the door DON'T OPEN IT and tell him you are calling the police as he is trespassing.

[Mistermind]

For doorstepping chancers:

 

(1) Immediately note down his car licence number.

 

(2) Demand to see his ID, and Moorcroft staff number. Make it clear you will send a report to his licensor the OFT.

 

(3) Advise him you will be writing to Moorcroft Company Secretary (the one Moorcroft person answerable to the OFT and to the court). Moorcroft wants to upset and intimidate you. But you know who he is, you know where he lives.

 

(4) Obtain CS name and private address for £5 online from Companieshouse.gov.uk, and write to him ensuring he knows he is responsible for the conduct of all his improvising chimpanzees. The Doorsetepper is probably on £5 an hour plus a percentage of what blood he can squeeze from the stone. But the CS knows he has to defend Moorcroft licence, or else end of his company. The boss man will tell the chimpanzee to cool it.

[itsamomentintime]

dizzydeedee

 

i am pretty disgusted at the way you have been lied to, but i am not surprised. it must be intimidating but you seem to have all the relevant knowledge.

 

re post 16, thats good advice

[poochball]

My eyes must deceive me. Here is the exact working from the Consumer Credit Act 1974: -

 

 

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

If this was me I would be contacting my Local Trading Standards, Writing a Letter to the Office of Fair Trading and generally kicking up a stink.

Please don't let these people bully, initimidate or upset you. At the end of the day you have made a perfectly legal request and a request which they must comply with.

Sit tight and good luck

[falcon185]

One other thing you could do is print off the relevent sections of the act and when the Chimp returns give him a copy telling him you know your rights, he apparently doesnt, then say to him "take it back to the office where someone can read it to you" Then slam the door shut in his face.;-)