Moorcroft and Kays

[Laney65]

Evening all just looking for some advice.

 

I owed Kays £498 I paid £320 more than I had to at the end of December.

 

The cheque cleared my bank account on January 5th.

 

11 days later I get a letter from Moorcroft giving me 7 days to pay £501 an extra £12 for the letter they sent cheeky sods.

 

Anyway I rang them up and told them I didn't owe £501 and that I'd paid £320 in January.

 

They asked me to send a copy of the cheque from my bank which I've done and they would hold the action while I did.

 

Anyway I rang them when I got the cheque to let them know it was in the post they said they would make a note of it and then the next day after I'd argued with a nasty piece of work on the phone who hung up when I asked to speak to his manager, I've now had an even more threatening letter sent to me. I propose on making a formal complaint to the OFT about them.

 

The problem I have is Kays don't confirm my account they say it is with Moorcroft and they say kays cannot confirm the £320 payment.

 

I've written to them and told them that until they request the correct amount I owe them then I consider the account is in dispute and I ain't paying any more.

 

I'm more than willing to pay the debt but I'll be damned if I'm going to make it easy for them after the way they treat people.

[djweeble]

Send them the CCA letter with a quid, and don't pay them anything else until they produce.

 

I can virtually guarantee that they can't come up with the required agreements, and when they can't they're stuffed

[damo1312]

Hi Laney...

 

I've had loads of dealings with Moorcroft... also with Kays!

 

absolute shower who never seem to carry out what they say they will....

 

You may have issues with them, as I did, so I have recently CCA'd them (and they failed to comply.. )

 

so I now refuse to deal with them, have wrote told Kays I will only deal with them directly...

 

and hit them with a nice big Penalty Charges claim at the same time..

 

Don't worry too much about Moorcroft's threats.. all mouth and no, if you get what I mean...

 

Damo

[lisa2393]

Hi Guys,

 

I have been reading up a little on this as I also dealing with moorcroft for Littlewoods.

 

If they are unable to produce the CCA the debt is unenforceable so you don't have to pay them any more money.

 

Hope this helps

 

xx

[Laney65]

I have sent them the CCA request and the quid payment just wait and see if they comply or not.

 

I never had taken the threats very seriously I just enjoy winding them up on the phone to be honest, but now I'm bored with them and have bigger fish to fry who I'm claiming charges back from.

 

I have also written to Kays and complained about Moorcroft and told them I will only deal with them in future direct, has I have never had any agreement with Moorcroft for them to deal with.

Wait and see there as well now.

[damo1312]

Hi Laney

 

just a thought, but may be worth checking and seeing if Kays have charged you at any point at all (as they whack £15 on quite often at the faintest whiff of a late payment or such...)

 

Then you could claim back the charge, and maybe whack interest on at one of their lovely 100wk terms rates for good measure... (I have)

 

just a thought ;-)

 

Damo

[Laney65]

I'm defiantely going to in the future Damo.

 

At the moment i'm going after Halifax and Monument so don't want to have too many claims all running at the same time.

 

Monument are really puzzling me I know they are part of barclays and on my DMP with CCCS Barclays have been really good suspended interest but Mounument haven't.

 

They have also sent me a default notice then 5 days later a letter stating if I pay £300 nowhere near the amount of the default they will creitme an extra £25. Big deal seeing has they are still charging me £24 a month in late payment and overlimint fees plus interest. The payment they get from CCCS doesn't even cover the interest every month so the debt just keeps mounting up.

 

I'm now considering a CCA request has monument used to be Providian.

Thing is if they don't have it and the debt becomes uneforcable I'm not too sure how the CCS will react regarding the DMP.

[d.l.mann]

Moorcroft/Studio Cards have been hassling me for over a year for quite a small debt. They recently had their (third set of) solicitors send me a letter threatening county court action; I replied (as I always had before) that if they wanted some money, I would like them to tell me exactly what I owe and what each "charge" related to - the next thing I know, the solicitor is "off the case" and we have a door step collection agent outside - I gave the same response and they said they would send this information to me (they also claimed that they had already sent it 4 times ). Still no info from them (3 weeks later) so they obviously know that the charges are crap. Moorcroft are a shower who back off as soon as they are challenged and then come at you with another tactic or under a different name. I will definitely use the forums templates now to get rid of them once and for all, but I wouldn't worry about them, they are absolutely useless.

[d.l.mann]

PS Thanks for giving me the excuse to rant on about them

[Laney65]

Well the moorcroft saga continues.

 

In answer to my CCA request they have thanked me for the £1 payment which they have used to pay off on the so called debt I owe them and no mention of the CCA I asked for. IDIOTS!

 

Also no mention of the copy of the £320 cheque I sent to them with the same letter.

 

I now have 48 hours to contact them with payment attached or "they may instruct their solicitors".

 

LOL. Bring it on morons. Like I'm going to take that seriously. They have 4 days to produce before they are in default. I don't think that is going to happen some how.

[dx100uk]

any update on this?

i CCA'd kays 16/2/7 via littlewoods ad.

not heard anything to date.

 

dx100uk;)

[surprise]

Hope you don't be jumping in on this as I am extremely concerned. Long story though.

 

My daughter owed Kays £758 back in July 2002 when she came to an arrangement with GGC Debt Recovery for £10.00 a month. This then went up to £15.00 a month then to £20.00 a month since August 2005. She now owes £131.30. I know they have added administration charges so I thought I would send GGC a CCA letter, this I did on 1st March. 7th March she received a letter from Moorcroft the usual one Pre-Court Division. This through her into an absolute state. Will now explain her mental health. In 1996 she had a "Psycotic Breakdown" since which time she has been in out of hospital. She now receives fortnightly injections which keeps her sane. The initial pressure GGC put on in March 2003 because she had missed a couple of £20 payments brought her to the point of taking an overdose.

 

Now this letter from Moorcrofts has just tipped the balance again. She is a soft touch for anyone she accepts what they say and I am worried that should any of these people contact her she will accept what they say.

 

So on the 7th March I decided to SAR Kays and to CCA Moorcrofts both recorded delivery both the fees of £10.00 and £1.00 respectively and stated that they were for information and not to be offset against the account.

 

This is where I now need help.

 

Is there anyway legal way of protecting my daughter from these DCA,s as I am worried that one may call and just may answer the door.

 

Sorry its an epic.

[surprise]

Bump

Anyone out there who can give me advice on last paragraph?

thanks

[djdave]

Short of obtaining an injunction, I can't think of a practical way.

 

Obviously if we were dealing with any civilised organisation then explaining the situation would cause them to modify their behaviour. However they've proved themselves to be vultures who regard themselves as above the law.

 

If they did put pressure on a mentally ill person it would be a clear case of harassment and easy to prove, but sadly that'd be locking the stable door after the horse has run amok crapping everywhere.

 

If you don't mind them having this information it might be worth writing to them - it may make them think twice. And at least if anything ever got as far as court you'd have proof that you'd informed them of all the facts, and they'd acted unreasonably nevertheless.

 

Sorry I can't be of any more help....

[moneydragon]

I CCA Moorcroft in January and they failed to comply so I have reported them to OFT.

 

Received a reply from OFT yesterday, they cant act just on one complaint alone but if they start receiving other complaints this will build up a case against them.

 

So a bit of solidarity and who knows something might get done about these *****.

 

[gizmo111]

Is there anyway legal way of protecting my daughter from these DCA,s as I am worried that one may call and just may answer the door.

 

 

Very unlikely they will call at her property. Have you considered changing her address to yours so you get teh post first - if you wish to deal with this and have her permission

[ODC]

Surely they are breaking all the guidelines by harrassing someone who is ill.

[surprise]

Following the overdose in 2003 I had to give up my flat to move in with her as she had a young daughter to look after. The problem is when I'm not there I know what she's like anybody selling anything she buys. If anyone did call I know she would accept everything they told her. She was so upset thinking Moorcroft's were going to take her to court following there letter yesterday I spent 30 minutes explaining to her they won't.

 

I will see how I get on with Moorcroft's following my CCA, I am quite prepared to complain if necessary. Thanks for your replies.

[ODC]

Also send them the telephone harassment letter and the do not call at this address letter

[tiglet]

Send them a letter, copying in the OFT and showing on the letter you are copying in the OFT, stating your daughter's condition (with her permission) and her giving them permission to deal with you only on her accounts.

[surprise]

Thanks for this. I have just been discussing with her about her letting me deal directly with everyone. Reluctant because I think she feels inadequant, can see where she's coming from. I am doing her letters for her but she does see and sign them. I am just going to sit tight and see how far they go.

 

When I go out now I am pulling the plug out the phone that has temporarily solved the problem.

[tiglet]

Perhaps you could show her this website? show eher that there are a lot of poeple out there without her problems who also find it difficukt to deal with these people and believe everything they say? perhaps taht will persuade her that it's in her best interests for these companies to deal with you - we all need some help sometimes, no matter what our health situation and it may well make your daughter feel stronger in the long run if she sees that these people can be dealt with effectively.

 

I would send them the harrassment by telephone letter as well, stating all communication must be put in writing.

[surprise]

Thank you all for your advice. I do intend to get calls blocked and I shall write to Moorcrofts and cc OFT.

[joe1965]

This below may help you. It comes from SECTION 40 OF THE ADMINISTRATION OF JUSTICE ACT 1970.

 

Send a "signed for" letter informing them of your daughters condition. If after receiving it they continue to harrass her you can report them to the OFT as it is a criminal offence.

"Those visiting debtors must not act in an unclear or threatening manner."

 

Examples include:

• collectors should explain the reason for any visit and give you notice of the time and date they will call;
  
• they should not visit if they know you are ill or vulnerable and if they find you are unwell or distressed they should leave;
  
• they should not come in if you do not want them to and should leave when you ask them to;
  
• they should not visit you at work or somewhere like a hospital

[surprise]

Thank you for this info. I did CCA to Moorcroft who admitted they hadn't got a signed agreement and were passing it back to the original creditor. They also returned £1.00 po. I had cent a SAR to Kays who promptly banked the £10.00 don't where to though? I am now having to play the waiting game to see what happens.