Moorcroft Debt Recovery - Full and Final Query

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I have a debt for just under £2000 which I have never paid. Moorcroft recently sent me a letter to find out if the debt was mine. It is over 5 years old and I want to settle the debt and have it satisfied on my credit report. I sent a letter back to Moorcroft with an offer of £200 to settle the debt. Does this seem reasonable?
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  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
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    amit08 wrote: »
    I have a debt for just under £2000 which I have never paid. Moorcroft recently sent me a letter to find out if the debt was mine. It is over 5 years old and I want to settle the debt and have it satisfied on my credit report. I sent a letter back to Moorcroft with an offer of £200 to settle the debt. Does this seem reasonable?

    I'd just wait the final year out and it will drop off your credit report as long as what you say is correct and you've not made a payment for 5 years then I'd just leave it and it will go. It'll then become unenforceable and they can no longer ask a court to force you to pay.

    I wouldn't pay Moorcroft anything at all.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • amit08
    amit08 Posts: 25 Forumite
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    HappyMJ wrote: »
    I'd just wait the final year out and it will drop off your credit report as long as what you say is correct and you've not made a payment for 5 years then I'd just leave it and it will go. It'll then become unenforceable and they can no longer ask a court to force you to pay.

    I wouldn't pay Moorcroft anything at all.


    Thanks for your reply. I want to buy a house at the end of this year or early next year and don't want to risk a CCJ. As I have already offered them £200 for a F&F settlement - does that mean that the 6 year statue barred "clock" has been reset?
  • DevCoder
    DevCoder Posts: 3,361 Forumite
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    Is offering a F&F settlement acknowledging the debt?
  • amit08
    amit08 Posts: 25 Forumite
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    krisdorey wrote: »
    Is offering a F&F settlement acknowledging the debt?



    That's my question...
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    I'm afraid that may very well constitute acknowledgement !!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • skyshadow
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    I settled a debt with them that was £317 for £3.17 then sued the client for £25 when they demanded a copy of the same letter they already had and refused to pay my invoice.

    Bottom line, they are muppets and can easily be maneuvered into accepting a good full and final cleverly worded with the correctly added decimal point.

    Chance your arm with a £20 cheque and accompanying letter offering it only as full and final and see if they cash jt. If they do and don't come back disputing it then you're a good way clear to it being settled (yes there are other angles to cover) but a hurdle like this will give them further cause to hesitate in taking legal action against you and hopefully it will drop off at the 6 year mark before they get their act together.
  • skintandfat
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    Paying any money will start the SB clock again.
    Its not for you to prove it isn't SB, it is for them to prove it is
    Remeber it will drop off your credit file 6 years after a default / last period of activity.
    Better to wait and see

    Worst case scenario- (unlikely)
    They take you to court
    You still fail to pay
    They get a CCJ
    You pay within 30 days and the CCJ does not go on your credit file.
  • aymz1983
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    You've offered to pay Moorcroft for the debt. Unfortunately, I can think of no reason why that wouldn't be seen as acknowledging the debt in writing. Why offer to pay the debt if it isn't yours? This will of course have re-started the clock. Although the default will fall off your file after the 6 years since it was put on, they now have another 6 year with which to chase you for the balance and obtain a CCJ.
    Moorccroft would have bought the debt knowing the time was almost up, and trying to get details from people who don't know any better. As you've effectively admitted the debt is yours, and they know they have another 6 years, I doubt very much they will accept a F&F offer of only 10% of the debt.
    Sorry if that sound harsh, but I imagine that it the reality of it now.
  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    edited 7 September 2015 at 12:58PM
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    A correctly worded letter would NOT constitute acknowledgement

    https://www.nationaldebtline.org/EW/factsheets/Pages/24%20EW%20Full%20and%20final%20settlement%20offers/Page-04.aspx

    Always head these letters 'without prejudice' - provided they genuinely contain an element of negotiation they cannot then be used as evidence in court.

    A payment of course is unambiguous.

    There is a famous HMRC case where skyshadow's method was not accepted by the courts (Inland Revenue v Fry).

    In your situation, I'd follow post #2
  • skyshadow
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    fatbelly wrote: »
    A correctly worded letter would NOT constitute acknowledgement

    https://www.nationaldebtline.org/EW/factsheets/Pages/24%20EW%20Full%20and%20final%20settlement%20offers/Page-04.aspx

    Always head these letters 'without prejudice' - provided they genuinely contain an element of negotiation they cannot then be used as evidence in court.

    A payment of course is unambiguous.

    There is a famous HMRC case where skyshadow's method was not accepted by the courts (Inland Revenue v Fry).

    In your situation, I'd follow post #2

    This is very true as there are ways around full and final settlement cheque offers, a lot of it depends on the value of the debt. The smaller the value and the greater the costs of dealing with the recovery are a fine balance. Should the costs exceed the value then most will normally throw in the towel.

    I stand by my methods that correctly worded this could create additional administrational costs that would act as sufficient arm twisting. To give you some background a SAR requesting all information to support this and exercising your legal right to have all audio calls transcribed into written format sends costs and manhours through the roof (I've worked in a Data Privacy Team before and got orders from senior managers that you have to provide calls in written format if pressed but to never admit that to a customer) as well as many other things which will tip the balance into costing more to recover than the value of the debt.

    Others have suggested more straightforward ways, I just like giving the benefit of what has worked for me as an option to consider :)
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