moorcroft and my dad

[angela1606]

hi my dad had a catalouge with great universal he got into some money problems and they set up a payment plan now he forgot to make his dec payment and he recieved a letter this morn from moorcroft

 

 

dear mr c

we have been instructed by shop direct f.s (great universal)

to collect the overdue debt

it is a legal requirement to send notice of intended litigation before legal proceedings in the county court are issued. This letter fufils this requirement even if it is not read by you

to prevent legal action from being taken it is essential that you settle this debt without delay payment should be submitted in full within 7 days or contact made with this office immediately by telephone 0161 475 2855 or by letter with your payment offer, failure to contact us by 10.00am on 18/01/07 may result in legal proceedings being issued against you without further notice.

we would draw to your attention that if judgement and an order for repayment in full is obtained and remains unpaid enforcement of debt may be sought by one or more of the following procedures.

1, warrent of execution by bailiffs against goods owned.

2, application for attachment of earnings order with your present or uture employer

3, application for a charging order on any property you may own or are purchasing under a mortgage

4,application for you to attend court for questioning.

we would emphasise that shouldjudgement be entrered 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

all payments must be made payable to moorcroft debt recovery ltd and forwarded with this letter to the above address

please not that as we have had to resort to sending this letter and as per the terms and conditions of your agreement we have addedd £12.00 to the above balance.

 

now then where do we stand on this what action can be taken please as ive only just started looking in this section and dont know what can be done with this i feel that the £12 charge is wrong ?????

[maxibon]

Hi there,

 

It might be worth taking a look at my sticky on the debt & Baliffs forum at the top.....

 

Thanks

[angela1606]

hi i have attempted to read it lol my brain wont engage from what i can gather they r wrong for putting the £12 on to debt and my dads best course of action is to send a breakdown of expenditure and income and offer a small monthly payment is this right

???

[angela1606]

huummmmmm also is my dad able to reclaim any charges put on by gu before it went to moorcroft ???

[angela1606]

bump anyone know if he can reclaim late payment fees from great universal as since june they have charged £60 which is disgraceful

[albbyswife]

hello

 

im interested in the same as you i have a thread about this as well (moorcroft adding £12 to send a letter) and i to is questioning whether we can claim these back i am sending a cca request to moorcroft also getting a final statement for argos (as thats who mine is with) to see if these 12 pounds have been added on to my account and if so i am gonna try and claim these back along with late charges penalties and also overlimit charges,

[maxibon]

Hi there,

 

Moorcroft don't usually add charges to accounts themselves ( I very rarely saw it) It is usually the creditor who will contact Moorcroft and tell them to add an amount for whatever reason.

 

I dont see any reason why you could not claim back these charges but I am not 100% on this. The other way around is to state you want a full and final settlement as this would then reduce the amount owed by about 20%-40% and this would erase any charges and some of the original debt but this would only work if you wished to settle in 14 days.

 

I assume to reclaim the charges it would be a similar procedure as to bank charges where by you ask for a breakdown of the charges but I am not sure...

 

If anyone else could chip in and help this would be appreciated

[angela1606]

hi thank you for the input the charges im looking at isnt now what moorcrooft are charging my dad but what great universal has ive looked at the statements and even though he has made payments they have put a load of £15 amendment fees which i feel is really bad since june adds over £60 to his debt can i claim these ones

[sarahpp]

If you believe that the charges which GUS have applied to your father's account are unfair you are entitled to try to claim them back. You need to send a SAR request (template in the library) letter and a £10 postal order if you don't know exactly how much these charges are. If you do know what they are then you need to send a preliminary request for repayment to them which you will need to adjust slightly because it is for a catalogue company and not a bank.

 

I would also send Moorcroft a letter headed "official notification" telling them that the debt is in dispute.

[djweeble]

Most catalogue agreements are unenforceable because there's no signed credit agreement.

 

Send Moorcroft a CCA request with the £1 postal order, I bet they can't comply

[angela1606]

ok ty sooo much for the advice

[angela1606]

ok where can i find a template for the cca request is there one ???

[falcon185]

Hi Angela,

try this letter.

 

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 the orignal agreement, together with deed of transfer and proof of your entitlement to collect this debt. Also a complete list of transaction/charges on this account since transferred to yourselves.

 

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

 

A N Other.

 

They have 12 days +2 for delivery to comply, if they cannot produce within that time scale then the debt becomes unenforcable. One callender month ( or 30 days ) they then commit a criminal offence. ;-)

Dont forget to keep a copy for your records and always send recorded delivery.

[Seminole]

As djweeble says, it's unlikely that there's a signed CCA agreement. If Moorcroft/ GUS fail to comply then I would make a complaint to Trading Standards about Moorcroft's original letter. It is clear that they are proposing legal action when in fact they were not in a position to do so.

[tote alley stressed]

Hi, just been told by catalogue that Moorcroft may be dealing with my account in the near future. I've already contacted CCCs last October and they helped me pro rata all debts. Catalogue wouldn't accept this and am wanting me to go on an interest building plan with them. i have never missed the pro rata payments. what happens with DCA?

Hoe your dad is ok

[JULI99]

Take a look at the balance Moorcroft have as owing. I only say this as I have two debts that have been handed over to Moorcroft.

Both balances they have as outstanding are wrong by £100 and over £3000.

 

juli99

[angela1606]

hi right update time and its a funny one pmsl well i sent the letter well dad did and moorcrofts response was

thank you for the recent payment of £1 however we require a more regular payment plan please can you send details of your intention to pay off this debt

grrrrrrrrrrrrrrrrrrrrrrr

the pound wasnt for them as payment it was to get the info so guys what now as it seems they havent even bothered to read the flip letter

[Seminole]

Doesn't matter. It was sent and they have in a round about way accepted that they've received a pound off you. If they're too pig -ignorant to actually read the letter it doesn't matter. They'll be in default of their obligations shortly and have committed a criminal offence in due course.

[angela1606]

hehe i know

[dexyblue]

Hi Angela, I'm having trouble with Moorcroft regarding a Great Universal Account, it was taken to court and a CCJ was ordered against me. To be honest at the time I was relieved that the court accepted a far lower payment than the catalogue demanded, anyway to cut a long story short Moorcroft said I was in arrears and threatened me with Baliffs earlier this month. I came across this web site and now have my claws out. I too sent Moorcroft the £1.00 fee and relevant letter, get this, this morning I have received a new payment book saying As requested please find enclosed your new national giro payment book, agreed offer £30.00 per month, payment date on 27th of each month, arrears due immediatley, and thats it.

[Guest Battleaxe]

They cannot help themselves, they think by ignoring your request, they will beat you. Inform Trading Standards. Write once more to Moorcroft with Trading standards cc;d at the bottom of your letter, telling them the clock is ticking on the CA request and by their continued stalling tactics this gives you the evidence needed for Trading Standards to prosecute them. Return the Payment book pointing out that this is not what you requested. I would also enclose a copy of your CCA request to them.

 

Gloves on and fight back, hit them hard and fast.

[Guest Battleaxe]

Angerla 1606,

 

Oh yes, send an SAR to the Data Controller and proceed the way you would with claiming back bank charges. they hate this and will stall, but once you get to the N1 stage, it does make them sit up. Keep to you timelines and give them no slack

[qprouk]

i sent my dca to moorecroft last october and they thanked me for the £1:00 and said they would reduce this from my account,today i received another letter from moorcroft and they have now had permission from MORGAN STANLEY to proceed with their harrassment so it seems that moorcroft ignore all requests for data they have so i think when the try taking me to court i will then dump it on them theri refusal to hand over all data and also dump MORGAN STANLEY who have not replied in full all data requested including all taped transcripts

[Guest Battleaxe]

Lodge a complaint with the Information Commissioner's Office and also do one with Trading Standards. Make sure you send a letter recorded delivery to Moorecroft and Morgan Stanley telling them that the account is in dispute and that you have reported their activities to the relevant authorities.

[angela1606]

i have sent the £1 letter to moorcroft and the £10 s a r letter to great universal because i knoe damn well they put on charges before it went to moorcroft i found £60 since july last year was there someone else i should send a letter to then

 

oh yes and sent s a r to natwest cc and mbna cc as well for good measure while i was at it pmsl.