Help me Debt Collector just knocked on my door.

doingitall

I have a debt with santander. Santander are not answering the letters i am writing to them. I wrote to them asking for a CCA. Thread here
https://forums.moneysavingexpert.com/discussion/3037402

I decided to just wait for further written correspondance from them ie a CCA. I Have not heard from Santander or Moorcroft since the reply from Moorcroft detailed in this thread.

About 10 minutes ago, there was a knock on the door which my partner answered. He asked for me by name. Partner said i wasn't at home. He said he was a debt collector for Moorcroft and tried to give my partner some paperwork. My partner wouldn't take it and closed the door.

I am now terrified. My partner works nights usually. What if they come back tomorrow and i am at home along with my kids. If i answer the door will they try to get in?

I thought that because they couldn't provide the requested CCA, the debt was in dispute and Moorcroft couldn't take any action.

I am quite willing to arrange a payment plan with Moorcroft. Will write to them tomorrow but what if they come back before they get the letter. I have only communicated with them using template letters from this site.

So scared. Help please.

pmf63

Others will give you good advice but for a start off, calm down.

If they come back don't answer the door. tell them you aare going to call the police. Call them if necessary. You don't even have to open the door.

They have no power what so ever but they achieve their goals by doing what they did tonight ... scare the living day lights out of you.

Hopefully someone will be along very soon with some real help.

RAS

What sort of account is this?

fermi

doingitall wrote: »

I am now terrified. My partner works nights usually. What if they come back tomorrow and i am at home along with my kids.

Tell them to 'burger off' and that you will only deal them in writing ONCE they have produced the CCA.

doingitall wrote: »

If i answer the door will they try to get in?

They shouldn't try. If they do, then call the police.

doingitall wrote: »

I thought that because they couldn't provide the requested CCA, the debt was in dispute and Moorcroft couldn't take any action.

They can't take legal action. But they can ask to be paid, and unless you tell them not to, that includes sending someone to call.

fermi

One copy in the post to MoorCRAP.

One copy to hand to any trained monkey if they call at your door.

To doorstep collector,

Please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange further “doorstep calls”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

doingitall

Thank you for your replies. I am trying to calm down.

Fermi - many thanks for that template letter. I will print 2 copies of that letter out. Is it really that simple though, i write and tell them not to call so they don't call again. What is my next step after sending this letter? Do i request CCA again or just leave them to contact me again? Or write and arrange a payment plan?

Hannah_10

It's really that simple. A Moroncroft "field agent" or "collections agent" or whatever they like to call themselves these days has no more legal rights than the Avon lady. It is not your job to chase down the CCA it is thier job to provide it. They are not going to get a satisfactory result in court if you defend and say "they can't produce a CCA". They know this. They rely on you not knowing this. They get a bit desperate then and send dodgy looking blokes round to scare the living daylights out of you instead because as any pub brawler will tell you if you you know you haven't got the ability to win the fight you need to be damn sure you win the pre-fight heckling so well the other guy gives in. This is what they're doing. If he calls again you may laugh in his face and tell him to hop it, there isn't anything he can do and he's rather unlikely to try (even if he does a nice line in looking the part).

ghostmadlittlemiss

doingitall wrote: »

Thank you for your replies. I am trying to calm down.

Fermi - many thanks for that template letter. I will print 2 copies of that letter out. Is it really that simple though, i write and tell them not to call so they don't call again. What is my next step after sending this letter? Do i request CCA again or just leave them to contact me again? Or write and arrange a payment plan?

You probably already know this but don't sign the letter, just print your name at the bottom instead. That goes for both copies.
Kayleigh

mandyl

hi,
i have had moroncroft at my door too. he was horrible but gave up and didnt come back

doingitall

That's good he never came back Mandyl! My partner said the guy was 'really little' and my partner is a big bloke. The guy was apparently polite and went on his way - might not have been so polite to me if I had answered the door.

Thanks everyone for the advice, i have printed 2 copies of that letter out. I am so much calmer this morning just don't want them turning up again if i have got family here as no one knows the mess we are in. I would be mortified if they found out as they have never had any debt ever.

I am also wondering on a £6000 loan what kind of full and final settlement do you think they would except bearing in mind there is no CCA. A friend told me this morning that they would probably except something very low. I have not offered any repayments to Moorcroft to date as no CCA. If i offered something i would be presumably admitting the debt is mine and then they would start hounding me more than they already are:(

Hannah_10

If there is no CCA then they can't prove the debt even exists and that means you are at no obligation to pay it at all. If it gets to court (they would truly have to be stupid to do it) then defend on the grounds of there not being a CCA and you should be fine. The account is in dispute, that's exactly why they want to scare you. It's like a pub brawler, he sizes up the opponant, decides if he thinks he can win the fight, if he reckons he can't (which is the situation they're in) he tried to avoid the fight at all by winning the pre-fight banter. Think about it, what they are doing is human nature. They can't win so they are shouting you down with empty threats.

If you do make a settlement offer and the wording isn't spot on then you could end up liable for the whole amount again, DCA's are thoroughly sneaky.

If calls and letters are bothering you consider using one of the harrassment template letters.