Moorcroft Representative

gs1988_2

Hello, first post so sorry if this thread is in the right place or my question has been answered before!

I had a personal loan with the Halifax which went into arrears, I got passed over to moorcroft and apart from the usual "can you pay any more" kind of stuff i've had no bother with them.

last year i forgot to make my payment for december and they didn't get one in january. i had been having a tough time at work, i rang them up and they said they needed £x amount paying off, i told them i had no money and that was that.

today a "representative" turned up at my house and left a card, i was out at the time when he called though.

i tried ringing moorcroft up when i got in but they didnt want to know and said i had to deal with the "representative" the card says to contact in 24 hours, so i have until tomorrow morning to decide what to do. it also says that i should pay £40 to "prevent your account possibly being referred for legal proceedings. a deadline has been set for your account to be actioned by 20/02/2010"

im all for paying the money back but right now i'm out of work and i am waiting to find out if i am elligble for JCA, so really, i have no money. i could pay him the £40, but i would rather do it online/over the telephone then hand him the cash.

i'm just not sure what to do really, any ideas?

thanks

RAS

Hi

First stop speaking to them on the phone.

Second, their representative has NO legal right to visit you at home, other than with your express permission and at a time that suits you.

They also have no right to demand payments that are unaffordable.

How log ago did you take this loan out? I assume you have the default letter?

gs1988_2

RAS wrote: »

Hi

First stop speaking to them on the phone.

Second, their representative has NO legal right to visit you at home, other than with your express permission and at a time that suits you.

They also have no right to demand payments that are unaffordable.

How log ago did you take this loan out? I assume you have the default letter?

Hi, thanks for the reply.

The loan was taken out about 2 years ago, I ended up being made redundant so got passed on to Moorcroft. I was paying £40 a month while out of work (JCA) and I have been paying £100-£160 (They kept asking me to pay more everytime I paid) until Dec. Last year.

I will have the letter somewhere yes!

RAS

it matters whether the loan was taken out before or after April 2007.

If you can find the default letter, please scan it, minus personal identifiers and we can advise if it is legally complaint.

gs1988_2

RAS wrote: »

it matters whether the loan was taken out before or after April 2007.

If you can find the default letter, please scan it, minus personal identifiers and we can advise if it is legally complaint.

hi, i cant post the link to the image because i'm a new member so i will PM you it, the loan was taken out after april 2007!

thanks

RAS

Ok, but can you also try and send the link to 10past6, who is much more learned on the legality of default letters.

gs1988_2

RAS wrote: »

Ok, but can you also try and send the link to 10past6, who is much more learned on the legality of default letters.

okay i will do that now, thanks

RAS

No link in the pm.

gs1988_2

hey sorry but i have another question!

what should i do about the representative calling again tomorrow? on the card it said i should contact him by telephone, text or e-mail. i don't really want him calling again and i would rather deal with moorcroft directly

10past6

gs1988 wrote: »

okay i will do that now, thanks

The Default letter is because you've missed paymets, it's NOT a default letter which gives them the right to commence litigation, also, that default letter is dated 2008, is that the only default letter you have?

RAS

I have to go shortly but if you search for revoking common law right you will find that the representative has no right to enter your property and that once you write revoking their right to acces the property, they cannot even knock on the door.

If s/he does turn up just tell them to leave and that you will call the police if they do not do so.

Also tell them that they are breaking OFT Guidelines in debt collection and you will report them.