Help with dealing with Moorcroft please

[mazel01]

I am going to start the ball rolling today on this default notice...

[The GodMother]

good idea Mazel. I would S.A.R them and see what happens.

[sheba0207]

I hope someone can help ive been dealing with moorcroft for about a year now and so far so good but lately they have increased my payments . I forgot to send in the full new payment that they wanted and have just received a phone call from them saying i have to put the rest of the monthly payment in tomorrow morning or it goes down as a default. My husband is on incapacity benefit and we can hardly pay the amount that we were paying b4 let alone the increase..I really dont know what to do as she was rather abrupt onthe phone and I just agreed ..Cn anyone advise me please...Many thanks...

[pt2537]

Hi sheba0207

 

 

you are in the right place to get help and advice on your situation

 

 

My first thoughts were, as it is clear that you are struggling with your situation it would be a good idea to establish that the debt which you are being pursued for is legally enforcable.

 

any creditor who is pursuing you need to have a valid credit agreement in place and you would be surprised how many dont,

 

you need to send a CCA request to each of your creditors Creditors and DCAs - Letter Templates & Budget Planner use letter N and send this letter along with a one pound postal order and do NOT sign any more letters to any of your creditors instead, print in block capital or use a digital signature such as here Digital Signature Guide

 

send it recorded delivery or if you can special delivery as you will need proof of delivery

 

Regards

paul

[pt2537]

once you send the CCA request, your creditors have 12 working days to comply, if they do not respond in 12 working days from reciept of th letter, the debt enters what is called a default situation under the Consumer Credit Act 1974. when they enter into default of your request you can withold payment legally until they comply, if they fail to comply and the 12 working days has passed and a further 30 calender days pass they have committted a criminal offence.and you would make a complaint to trading standards who will possibly take up your case depending on the circumstances

 

If your creditor do reply with a document they claim to be your credit agreement then come back to us and we will advise further as many credit agreements dont contain legally required information which again renders the agreement unenforcable

 

if you have any questions please dont hesitate to ask

 

 

Kind Regards

paul

[sheba0207]

Many thanks for replying we pay moorcroft on behalf of littlewoods and we were paying them 30.00 per month now they have increased it to 35.00 i know its now a big increase but thats not the only bill we are paying are also paying edrupt for a bill as well and they have been brilliant about their payments but moorcroft are getting a bit worrying ..

[The GodMother]

Moor cr@p are a bunch of losers and need to be sorted out properly but no one has managed to do it yet.

[pt2537]

Hi Sheba0207

 

i think it may be wise if you started your own thread on this

 

ok if it was a littlewoods catalogue debt, then there is a high chance that the debt is unenforcable. i am in battle with Littlebrains sorry littlewoods

 

i have come accross many acounts on here where littlewoods dont have enforcable agreements so there is hope

 

heres a link to my thread with littlewoods, it will give you something to read http://www.consumeractiongroup.co.uk/forum/general-debt/93571-pt2537s-cca-request-against.html#post859843 and will give you an idea of what happens next.

 

you need to CCA MoorCrap as they are the ones pursuing you at the mo. i would lay money on it that they wont have a agreement on file as moorcrap dont check things like this. i think they hope that consumers dont know their rights and wont ask

 

still fortunatley youve found the CAG:D

 

 

Regards

paul

[sheba0207]

Hello again sorry to be a pain but if was to send in how much benefit we get and what other bills we pay out will we be able to reduce the payments as I dont ever remember filling in anything like that b4 ..Sorry to be a nuisance and should I pay the extra increase tomorrow ..Many thanks again Tina

[The GodMother]

Dont pay them anything just do as pt have advised and seen of the cca request.

[pt2537]

I would say if you can afford to pay it, then its up to you. if you cant then thats that

 

the main thing is that you send the CCA request via recorded delivery as this means that you have placed the account into dispute and the DCA should suspend ALL collection activity while they investigate your dispute

 

at this stage you should hold off sending them any income details until they have established they have a legal right to collect this debt!!

 

when they respond let us know and we can take a look at what (if anything) they send to see if its legally enforcable. send the CCA request as detailed above and sit back and wait for the 12 working days to go by

 

regards

paul

[pt2537]

*snap*

 

posted at the same time as you chrissi

 

regards

paul

[The GodMother]

Makes a change u have been known to get the good advice in first Paul.

 

Well i would just be passing on advice u gave me.

[mazel01]

Hi Sheba 0207....please could you start your own thread....thank you!!

[sheba0207]

Very sorry mazel01.. but i just wanted some help ive only been on this site once b4..I got some very good info from The Godmother and from pt2537 and also fro another person who unfortunately i have forgotten his name i drafted out a letter from all the info i got tonight.,I felt a whole lot better very sorry for butting into your thread it wont happen again..

[pt2537]

Hi Sheba0207

 

if you start your own thread, i will subscribe to it and help you along the way. there are many knowledgable people on here who will help and guide you through this

 

I will keep my eyes open for your thread when you start it

 

Regards

paul

[sheba0207]

many thanks pt I will open 1 when moorcroft reply to the letter many thanks again.x

[mazel01]

Update.....I received a letter from Moorcroft stating that they do not have a copy of my CCA, all went really quiet for several weeks. I received a telephone call this morning from Cabot, I said in writing only please....does this now mean that Argos or Moorcroft have sold the debt on. Can I ask for proof that they do own it or do I CCA them or ????

[pecky1]

I would wait untill you recieve something in writing from them and then CCA them. If Moorcroft cant supply the CCA request then I dont expect Cabot will either, They do seem to pass these debts on to other people in hope that you will pay.

[rory32]

As pecky says, wait until you get something in writing from Cabot. You don't need to send the another CCA you just need to reference them to the one you already sent to Moorcroft.

[mazel01]

After hundreds of calls from Cabot they have now wrote to me saying they own the debt and I must call them immediately to discuss repayment proposals. Whats my next move?

[Curlyben]

Well as Moorcroft have defaulted your CCA then Cabot are urinating into the wind.

 

I they continue to demand payment after this letter then a report to Trading Standards would be in order as they are chasing an unsubstantiated debt.

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

*- Delete as needed

Enjoy

[mazel01]

Thanks Curlyben. Will send that off tomorrow to Cabot....

[mazel01]

Now received a letter from Cabots, basically saying that they own the debt and will continue to chase me for payment.....I know I shouldn't ring them but I did. I spoke to someone & explained that this account was seriously in dispute and has been for a long time. They said well we didn't know that......I asked for a deed of assignment, they said they were unable to provide me with that & weren't entitled to show me it. I also told them to take me off their dialer system whilst this account was in dispute.....they agreed:D ..........

[The GodMother]

good idea stand up for yourself.