Moorcroft threat......

[angel49]

Hi

In need of advice. I was with a debt management company and was paying £5pm to moorcroft for empire stores. My income has been reduced making it impossible for me to maintain my DMP. I have now received a letter from Moorcroft stating I have till 12th feb to pay up £277 in full because I am in arrears of £10 or they will send a representative from the home collections office.

My disability relates to heart problems so I dont need these kind of threats.

Can I send one of these CCA letters as after reading some of these threads it's my belief I didn't sign anything at all for empire stores,meaning moorcroft can't have any such agreement either, but I have maintained regular payments for the debt through moorcroft.

I am trying to get all my creditors to accept reduced payments since having to leave the DMP.

[angel49]

Anyone???? need to try and sort out today

[PriorityOne]

Yes, you can send a CCA request by clicking here : Creditors and DCAs - Letter Templates & Budget Planner. Scroll down to Letter N... remember to enlose the £1 fee and send it by recorded delivery. If they have not complied after 12 days from signature, they will be in default and you will then be within your rights to withhold payment.

 

As for the harrassment, also send off the following letter (recorded delivery) to Moorcroft :

 

Please note that I am only prepared to communicate with you in writing. With reference to your letter of xx/xx/xx, should it be your intention to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

[Laiste]

Hi Angel,

 

Is Empire Stores a catalogue? Generally speaking catalogue debts are entirely unenforceable as you are not required to sign a credit agreement. Sending a CCA is the first step. Send it by recorded or guaranteed delivery. I prefer the latter as the former is not a guaranteed service. Chances are, if you don't recall signing an agreement, you probably didn't. Many DCA's threaten to send someone to your home, however, because of the cost involved to the Company, they invariably don't. Many people believe bailiffs and DCA's adopt pretty much the same practices, which is not the case. Bailiffs get involved after Court action and do visit you at home. DCA's don't operate like that, they might tell you it's what they do, but lying to people is what they do to get money out of you! Don't believe a word they tell you. I have a large debt with LTSB that hasn't been paid in over a year. Various DCA's have been involved and each of them has threatened to visit. I completely ignored all the letters and you won't be surprised to hear, nobody has visited, ever! I hope my own experience reassures you.

 

Even if someone did visit you, which they won't, once the CCA has been sent, you are disputing the debt, so a visit would amount to harassment which is both unlawful and illegal.

 

Please do not worry. You do need to make sure you are writing down all details of calls (dates, times, who you spoke with etc). Some people on here would suggest not speaking to them at all, it depends how confident you feel about dealing with them. As you have a health condition, it might be advisable to avoid tel contact. Simply hang up when they ring, you are under no obligation to talk to anyone! I enjoy taunting them, but that's just me! Please ensure you retain all letters from them also. You want to gather evidence to use against them for harassment, so you can claim damages.

 

I hope this is helpful!

 

Laiste.

[angel49]

PRIORITYONE Many thanks for that,I shall do that right now.I only came off the DMP last month, and they jumped on the missed payment real quick.

 

LAISTE Thanks for your reply,I feel a little easier now. I intend to catch the P.O now to get this to them Asap.

 

Thank you both,

[PriorityOne]

[canelle06]

@angel ,who was your DMP company?was it Cccs,i m looking for one right as i m about to go for cccs.

thank u

[angel49]

Hi

I was with a company called Debtwise but you have to have approx £100-£125 available which I can no longer afford so I am going along with CCCS and it's free.They are so helpful and now my outgoings match whats available. Hope this is helpful. All the best