Shop Direct (Great Universal) Claimform - admitted debt, offered payment, but missed some, now bailiff NOE

[dexyblue]

Hello all, new to this forum. I was wondering if anyone can help me. I defaulted on my catalogue account and it was given to moorcroft, they took it to court and as a result I have a CCJ against me. I recieved a notice of Issue of Warrant of Execution yesterday to the tune of £152.25 including fees, the balance outstanding after payment of the warrant is £205.02. I had received a letter prior to this in December from Moorcroft saying that I was in arrears of £30 and had 7 days in which to pay this or they would issue a summons. I duly paid this on 20th December within their 7 day timescale. I phoned Moorcroft yesterday and they said that I had defaulted and the summons was issued on 30th December, I asked why? as I had complied with this and he said that I was behind in my payments. The payment is for the 27th of every month. Yes I admit I was behind but when I received the letter saying I was £30 in arrears it was paid. He told me it was up to me to manage my account, I asked him to accept a further £30 for the 27th Dec one I missed and then pay as per request on 27th Jan but he was snotty and told me to contact the court.

I am on benefit and cant afford the £152.25 to stop the baliff coming, there is no date on this letter as to when this amount should be paid before. I have a DMP with CCCS but they would not take this one because it was a CCJ. Sorry this is long winded but my head is whizzing and feel sick at the thought of baliffs coming, incidently Moorcroft did exactly the same thing to me in May last year and I borrowed the money to stop Baliffs coming, however none of my family or friends have this amount to lend me so soon after Christmas.

Advice please !!!!!

[dexyblue]

Please can someone help me:(

[MARTIN3030]

Sorry Dexie help at hand.

Welcome to the site.

This post will benefit from being i the Baliff and debt threads which is where I will move it.

A couple of issues here but nothing we cannot help with...and of course Moorcroft are no strangers to CAG as you will discover:rolleyes:

[MARTIN3030]

Ok so you need to act quite quickly.

There is a way to have the warrant set aside...this means filling in a court form and stating the reasons why.It seems you have a good case.

Go to the court and ask them.Do not leave it as you have limited time.As you are on benefits you should have remission for the fee if not total exemption.

You will need to take evidence of your qualification for benefits.While the application is in court the baliffs are required to hold off.This hopefully may then give you time to get further advice here.

Meantime dont let them in and keep any notices or letters that they put through your door making a note of times and dates.

Remember a quick response is needed do it straight away !

 

And remember....there are rules and guidelines for collection from people on benefits....we can address this also.

[dexyblue]

Thanks Martin for your reply, I live in Manchester and the court that issued the Notice of Warrant of Execution is in Northampton(CCBC) but has been passed over to a Baliff at Manchester County Court, there is no date on this it just says Unless you pay the amount due to the county court before _ _ the baliff will call and may remove goods for sale at public auction. This may mean you will have to pay further costs.

Do I have to contact Northampton CC if so it will have to be by letter

[djweeble]

Just remember, no matter what he/she might say, they have NO RIGHT of entry.

 

DO NOT let them in under ANY CIRCUMSTANCES, not even if they assure you it's just for a chat or to use the phone etc, etc, etc.

 

Once they have been inside, for any reason, they can subsequently force their way in on a later visit.

 

If they refuse to leave call the police and tell there's someone outside your house threatening you, but don't mention the word bailliff ;-)

[PriorityOne]

If Moorcroft have taken this to court for a CCJ, does this mean that they own the debt ? Or, was the CCJ from the catalogue company and then the account passed to Moorcroft afterwards ?

 

Anyone's input on this Q. would be appreciated...

[dexyblue]

Hi, I have found a judgment for claimant (acceptance) letter, the claimant is

Shop Direct Financial Services

 

T/A Great Universal

R/O 19th Floor, Arndale House

Arndale Centre

Manchester

M60 6EQ

 

The name and address for payment is

 

MOORCROFT DEBT RECOVERY

PO Box17

2 Sring Gardens

Stockport

SK1 4AJ

 

It states I must pay claimant £820.02 for debt (and intrest to date of judgement) and £180.00 for costs a total of £1000.02 by instalments of £30.00 per month from 27th July 2005 that means to date I should have paid 18 months @ £30.00, which by my reckoning is £540.00 which then leaves £460.02 balance, yet when I phoned Moorcroft this week they said the balance was £357.27, so :-

1) why has a warrant of execution been issued if I am not in arrears

 

2) how come this latest warrant says total to pay (including fees) £152.25, balance outstanding £205.02 total £357.27

 

The same figure that Moorcroft told me.

Are my calculations wrong? or am I missing something here?

[Laiste]

Hi Dexyblue,

 

I'm really sorry to hear about the problems you're experiencing, I can understand you are very worried about the impending visit from a bailiff. I know this matter requires immediate action on your part and I'm hoping I can help.

 

As far as I'm concerned catalogue debts are unenforceable. If you had requested a copy of your credit agreement, they wouldn't have been able to provide one, which means they couldn't enforce the debt. That said, if you didn't enter a defence and a counterclaim when the claim was issued, they could enforce the debt by default. Essentially, a failure to respond to a court claim, means they wouldn't have had to provide a copy of the agreement and so the court has upheld the debt as outstanding, hence their heavy handed tactics with bailiffs.

 

I think you need to apply to the Court to have the CCJ set aside. I don't know the circumstances of the case, but it could well be that procedurally things weren't done correctly. Failing that, the Court has a discretion to set aside a CCJ, if the defendant has a real prospect of successfully defending the claim, which I think you have.

 

I think it is 99% unlikely that they will be able to produce a credit agreement. Catalogue companies do not provide credit agreements for their customers to sign, even though they provide a credit facility. It is incumbent upon them that they produce evidence of an agreement, without that they cannot enforce the debt. You have absolutely nothing to lose by applying to have the CCJ set aside. Of course it needs to be worded correctly and it isn't difficult to do, you do it by submitting an application notice. There won't be a fee as you are on benefits.

 

Do you have all the relevant documentation that relates to the legal action and CCJ? This is very relevant. Get back to me as soon as you can.

 

Please try not to worry, we are all here to help!

 

Laiste.

[MARTIN3030]

Yes go to your local court who will advise you.

You can do this from there.

Gather up all the info that you have. Too late to gt the cca for now you can get it later

[dexyblue]

Hi Laiste, thanks for your reply. All I have is the Judgment for claimant (acceptance) letter stipulating the things in my previous post. I have written to Northampton CC and Manchester CC yesterday saying I had a dispute with Moorcroft asking them to halt proceeding with this warrant.

The benefits I am on are as follows

Incapacity benefit

Industrial injuries benefit

Disability Living Allowance :-

Mobility High rate - used for vehicle

Care low rate

 

These benefits do not appear to be in any court charges information so do I pay charges or not.

 

GOD I am so confused.

 

Thanks to everyone for all your help so far, wish I would have found this site earlier.

[PriorityOne]

If you are on means-tested Benefits, then you should not have to pay. I don't think that the ones you have listed fall into that category. Unless you also receive Income Support, JSA, Working/Child Tax credits, then you probably will have to pay..... Did you send your court letters by Rec. Delivery ?

[Laiste]

Hi Dexyblue,

 

Firstly can I ask, is there an income support component to your incapacity benefit? You may need to clarify this with your benefits office, as it may not state explicitly that this is the case. You may also need to get a letter from them to confirm you receive IS. I know this is a pain, however, from my recollection of the form, you need to be getting IS and you must produce to the Court, either a letter from the DWP, or a bank statement dated within the last month confirming you get IS. Another option is to pay and then claim it back. I will come back to you later today on the exact benefits that qualify and the cost of an application notice.

 

On another issue, can you confirm to me that you didn't enter a defence and counterclaim and that judgment was obtained by default(you didn't go to Court). Also it will be your local County Court where the case was heard that will deal with any matters you wish to raise. Northampton is a sorting office essentially, so you don't need to send documents there.

 

Also, when you file the app notice at the Court, you would then send a copy to Moorcroft and the bailiffs(if they are not employed by Moorcroft). This will advise all relevant parties that the matter is in dispute and if anyone turns up at your door, simply ring the police, its as simple as that. They have no legal right to turn up once the matter is in dispute. If they did it would be trespass, and they would be breaching harassment laws.

 

I would add that you need to be prepared to go to Court on this matter. Don't worry about this, you would simply be explaining the situation. The fact that you have a disability is a fact in your favour, which I'll explain about in due course. We just need to get this process underway to stop them taking any further action.

 

I hope this helps, don't worry.

 

Laiste.

[dexyblue]

I didn't send letters recorded delivery and I haven't sent one to moorcroft. I have sent a letter to Northampton CC and Manchester CC. There is no Income support in with my Incapacity benefit. This is all so confusing

[dexyblue]

I am currently in dispute with Moorcroft regarding a catalogue debt with GUS from a couple of years ago. I used to pay £40 a month to Shop Direct to pay this debt off, I then couldnt afford the repayments ( on benefits ) but Shop Direct refused to lower the payment and sent the debt to Moorcroft who still wanted £40 a month and refused lower offers ( all done by phone ) the jist of it was they went to the County Court and I admited the debt and submited my income and expenditure form and the claimant accepted payment of £30 a month. The debt on the acceptance form was for £820.02 and £180.00 costs the first payment to reach claimant by 27 July 2005. On 13/04/06 a letter was sent to me from Moorcroft saying I had defaulted on the court order to pay £30 a month and as a result was in arrears of £30 and wanted payment in 7 days or a warrant would be issued, the balance on the debt at that date was £665.02. I paid the £30 as requested, then I receive a notice of Issue of Warrant of Execution to pay £152.25 to the County Court before 12/05/06 the balance outstanding after payment of the warrant was £540.02 this was paid at Manchester County Court on 11/05/06 ( after me taking a loan out to pay this ) I then in December 06 receive a letter from Moorcroft saying I was in default and £30 in arrears to pay this amount within 7 days or action, this was paid I then get a letter dated 08/01/07 telling me that if I do not pay £152.25 before ( no date stamped ) the baliff will call. I phoned Moorcroft and got a snotty bloke telling me I was in default in November, then he said no October, I asked him to stop the baliff and he just said no contact the court. This is when I came across your web site and my eyes were opened. The debt should never be in the bloody courts. I wrote to both Manchester CC and Northampton CCBC and Moorcroft with copies of letters.

Nothampton CCBC received my letter stamped 15/01/07 and duly sent me in return form N245 and EX160. I was out yesterday sorting stuff out for my elderly Dad and when I return home a letter has been pushed through the door from a baliff its a distress warrant ( van visit being arranged ) the amount is for £152.25. I have sent the N245 and EX160 recorded delivery today after phoning Northampton CCBC as to where to post them, they said to them. Meanwhile what do I do about the Baliff? and is this all because I have sent Moorcroft a CCA ?

Sorry for being so long winded but I am stressed to breaking point with it, Moorcroft know damn well I am on Benefits and I am just incurring extra expense I can ill afford. HELP PLEASE

[tiglet]

Phone the Baliffs and explain what is happening. Get their registered address and forward copies of all letters. Phone the court tomorrow and get advice. And don't worry about it tonight - they are trying to intimidate you - they may call tomorrow, but you do not have to answer the door. Make sure all access points to your house are secured so they can't get in any way other than your front door. They would have to get the police to actually enter your house without your permission and the police are unlikely to go against legal proceedings which are taking place in the court.

 

Oh, and screw the debt collectors and catalogue for all the charges you have incurred on your account and the costs of you defending their claims.

 

Honestly, these bloody people make me soooo mad.

[djweeble]

By all means contact the bailiffs and send them copies of the forms etc, it might work, it probably won't make any difference.

 

They would have to get the police to actually enter your house without your permission and the police are unlikely to go against legal proceedings which are taking place in the court

 

A POLICE OFFICER WILL NOT FORCE YOU TO ALLOW ACCESS, AS YOU DO NOT HAVE TO ALLOW THE BAILIFF TO ENTER YOUR HOME

 

The only time a bailiff is allowed to force entry to your home is if he has been in before for the same matter, the police will not even attend to make you allow him entry unless this is so.

 

DO NOT LET A BAILIFF INSIDE YOUR HOME FOR ANY REASON, NO MATTER HOW TRIVIAL IT MIGHT SEEM, ONCE HE'S BEEN IN HE CAN RETURN AT ANY TIME IN THE FUTURE AND FORCE ENTRY.

 

Move any cars to a locked garage, and only talk to a bailiff through a window or a locked door, make sure you let him know in no uncertain terms that you are not going to give him access, if he tries to threaten you, tell him to stick his threats where the sun don't shine, and call the police yourself.

 

BTW, good luck getting the judgement set aside, make sure you let us all know how it goes.

[dexyblue]

Just an update, I phoned shop direct today and lo and behold Moorcroft have sent the debt back to them and a 28 day stop has been put on the account. They hadn't got a clue who or where the baliff was from, so I rang the number on the baliffs letter, which looks like a poor photocopy, and it was a recorded message saying the office was closed and to press 0 to go through to the switchboard, this I did and a elderly lady answered and sounded as if she'd had 1 too many cigs and sherry's so I put the phone down. I then rang Moorcroft who told me that they still had the debt and did I want to pay over the phone. I politely refused ha ha and then asked them who the Baliff was? she seemed taken aback and then said what do you mean. I said is he a private Baliff or CC Baliff, she stumbled her words again and said CC Baliff yeah right I've had dealings with Baliffs from CC before. Does any Baliff visit on numerous occasions, as stated in his letter he pushed through my door, and not add charges? I think not. There are no charges added onto this one though.

Why didnt I find this site sooner? Thanks for empowering me, although I do feel scared at times and as I say my stress levels are through the roof, my relationship is at rock bottom if not over, thanks to all the hassles I've had over the years re Banks, Credit Cards and DCA's. I am now on benefits and am going to try to recoup all charges back.

Maybe alone but should have some money and sweet revenge.

[dexyblue]

The debt has gone back to G C C Debt collectors who have told me by phone that a 28 day stop has been put on my account whilst in dispute. Meanwhile all the paperwork to get warrant suspended and vary judgement has been send recorded delivery to Nothampton CCBC. I told woman at G C C I had sent Moorcroft recorded letter asking for CCA that was signed for 22nd Jan, they said I should have sent it to them as debt had been sent back to them and to correspond with them in future. I then phoned Moorcroft who told me they still held debt, funny they sent it back to GCC on 25th Jan. I then ask about CCA, said they've not received it, told her it was signed for, she then asked did you put a postal order in it? YES !

Oh Lady from GCC has just rung to say no signed agreement, she said. My reply was, when are you going to inform me? I just have she says, can you put it in writing PLEASE! whispered I.

Still no letter but they do have till 9th Feb and then hopefully showtime because I know there are numerous charges plus £180.00 court fees.

Will I be able to claim this lot back? Think original debt was for £400.00 that had risen to £1000.02 including costs. To date I owe £357.27 what are my chances of clearing this and If won how do I gett CCJ removed and is there a charge, and do I add this onto my claim?

 

Bump:(

 

Bump:(

 

Sent off my CCA to Moorcroft , I received a letter yesterday from Moorcroft it reads as such

 

30th January 2007

 

 

 

Ms x xxxxxxxx

xx xxxxxx xxx

xxxxxxxxxx

xxxxxx

 

Dear 

 

Re : Shop Direct F.S. (Great Universal) Ref xxxxxxxxx

 

We write further to your recent letter.

We can confirm that on this occasion we are unable to provide a copy of the signed Credit Agreement for the above account as we are no longer dealing on the above account. We have therefore returned the postal order submitted in that connection.

 

Please forward all future query's and payments direct to our client.

Yours sincerely

 

Mrs K Dyde

Operational Support Supervisor

 

My questions are Who is Mr Procter?

What do I do next is it SAR to Shop Direct?

 

This is a CCJ which as I have now found out via this site, should not have been enforceable.

I have sent relevant paperwork to Court to suspend/amend warrant, I am awaiting their reply.

Could someone please advise me as to my next step.

[gizmo111]

Take it you are not Mr Proctor? Is the account ref yours?

[MARTIN3030]

Basically it means just what it says.

As they do not have the paperwork they cannot enforce the debt.

It is a case of finding out who owns the debt.

A check of your credit file should easily confirm this.

Who is cited in your court application ?

As for Mr. Proctor.............your guess is as good as mine:confused:

[dexyblue]

The account reference numbers do relate to me, but the last time I looked I was female not Mr Procter.

As per posting above Shop Direct F.S. own the debt and it was enforced in County Court in July 2005 but in December 2006 Moorcroft said I had defaulted, asked for £30 within 7 days, which I sent them and then they issued a warrant for £152.25, thats when I applied to CC for judgement to be suspended whilst in dispute. MOORCROFT then sent a baliff round who came whilst I was out, pushed a letter through demanding £152.25 or a van would be ordered. Shop Direct told me over the phone that they had suspended this account for 28 days.

I want to know do I just send S.A.R to Shop Direct to recoup all charges court fees etc.

Anyones help appreciated

[Euan Oozarmi]

Hi dexyblue, I was just gobsmacked when I read your message as the Mr Procter your letter refers to is probably me. I got the same letter as above, dated 30th January, with my £1.00 Postal Order duly returned. Moorcroft have obviously forgotten to delete my name from their template before writing the same letter to you. Their administrative efficiency is breathtaking.

I'll start my own thread about my case rather than gatecrash yours.

Good luck...Euan

[Laiste]

Hi,

 

If this is a catalogue debt, it is entirely unenforceable in the Court. That said if they took the matter to Court and you did not either file a defence or turn up, they would have obtained judgment by default which is merely a formality.

 

You should send the company a CCA request, even though its a waste of time! They will never provide you with an agreement, there isn't one to provide! They'll give you some bizarre excuses as to why they don't have to provide one, but where there is the provision of credit, there has to be an agreement.

 

Personally, in fact I have a situation with a catalogue, and I'm just about to send them a very unpleasant letter advising of impending legal action if they don't compensate me accordingly. I would send the CCA with a letter marked without prejudice. In that letter I would advise them that you are fully aware that they cannot provide an agreement and your intention is to file a Court claim in 14 days.

 

That claim should include the CCJ set aside, repayment of all monies paid into the a/c, refund of penalty charges, damages for unlawful and illegal harassment, damages for defamation of character, as they have unlawfully tarnished your credit file, with a debt that is not enforceable. What amount you put the claim in for is upto you, I favour being bold, but that's your decision!:grin: In all liklihood they will not turn up at Court. If you know how much you've paid into this a/c through stmts, then you can calculate how much you've paid in. Harassment and distress in your case should amount to considerable damages, but again that's upto you what you want to claim.

 

Regards,

 

Laiste.

[dexyblue]

Thanks Guys, I cant beleive they have probably sent a duplicate letter to yours Euan, I will support you if you want to take it further with MOORCROFT, me having your named letter, surely this is unlawful.

Its like a comedy sketch, although their threats aren't funny when you dont know your rights as was so in my case before I discovered CAG.

I will of course donate, even though on state benefits, should I win a substantial award.