Moorcroft Debt Recovery Ltd

mikon

I am currently on a DMP with CCCS they have been making monthly payments to NEXT for the past year without missing a single payment.

Today I received a letter from Moorcroft saying that they were acting on behalf of their client the letter stated the following:-

This is a notice of INTENDED LITIGATION before legal proceedings in the County are issued. We believe that this letter fulfills this requirement even if its not actually read by you.

To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Payment should be submitted in full in the next 7 days to the value of £200.

Both our client and we don not wish to take this action but if agreement cannot be reached by 26/04/11 a claim may be issued by solicitors instructed to act on behalf of our client without further notice.

WWe would draw your attention that if Judgement and an order for repayment in full is obtained and remains unpaid, a range of court enforcement options are available to our client and an application for one of these may be considered

We would emphasise that should Judgement be entered against you this may affect any future credit application you may make elsewhere. We would also draw your attention that all legal costs incurred are usually payable by the debtor.

Please contact us today as we will be happy to discuss a repayment programme that you can afford and maintain. All payments must be made payable to "Moorcroft Debt Recovery Ltd" and forwarded with this letter to the above address

Yours sincerely



A J Martin
Debt Recovery Manger


Panic has hit me as I have never had legal letters like this before and I am worried about this.

I would like some help as I am worried sick about this letter totally ruined my holiday weekend

1. I contacted NEXT 8 weeks ago to dispute the amount owed as CCCS had paid more than NEXT had deducted from the account but they have not responded. How does this affect this letter of INTENDED LITIGATION

2. Should NEXT not have notified me that they were passing the debt on to MOORCROFT ?

3. How is the Data Protection Act applied surely NEXT cannot just hand my data over to a third party without my consent ?

4. Should I request a copy of the CCA although I do not think they will have a signed one as it was done online ?

5. I cannot pay will this end in court?

6. What Should I do next?

7. Does anyone have a template of a letter i can use to respond to this letter?

I have contacted MOORCROFT this morning by phone to seek advice on what happenings next and advised them that I was on a DMP with CCCS but the lady on the phone was a bit vague. I told her I could not pay anymore than what is being paid via CCCS and that CCCS has my authority to deal with my financial affairs. She again just said ok. I asked her why this was being sent and she replied they were acting on behalf of NEXT.

I also informed her that I had written agreement from NEXT accepting my DMP payments for the next 3 months until July 2011 again vague.

Can anyone offer me advice to stop my worrying and answer the questions I have raised I would also welcome any other advice given on this company and matter.

fermi

Bog standard letter from Moorcroft.

Seen dozens and dozens of those, and can't honestly think of any that went to court as a result?

Get in touch with CCCS so they know what is happening.

fermi

1. Certainly would if they were seeking to claim the wrong amount or a disputed balance.

2. Technically no.

3. Most credit agreements contain authorisation to share data with collectors.

4. No. There wouldn't be anything worthwhile to supply, assuming that this was taken out after Dec 2004/Jan 2005.

5. Talk to CCCS. Continue paying the DMP as normal.

mikon

Fermi

Thank you I will contact CCCS next week.

I really appreciate your help on this matter I have been worried sick all day about this.

Thank you once again.

fermi

Also, by passing this to Moorcroft and getting them to contact you, Next are breaching at least one section of the OFT guidelines.

https://forums.moneysavingexpert.com/discussion/2992820

2.8 Examples of unfair practices are as follows:

................

c. refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money advisers

d. contacting debtors directly and bypassing their appointed representatives

mikon

Fermi

Your a god send. Thank you.

Anymore info just send it through.

Thank you once again.

Mikon

mandyl

i have had exactly same from moroncroft
please dont worry , great advice from fermi
moroncroft have accepted my token payments after several of them letters and a visit.

mikon

Hi All

Letter sent to Moorcroft outlining my financial situation and informing them that I am DMP and that CCCS are authorised to deal with my financial affairs and therefore they need to be dealing with CCCS directly failure to do so contravenes the Lending Code and OFT Debt Collection Guidance.

Also enclosed £1 and requested copy of original credit agreement and a statement detailing payments to date.

Highlighted that I am in dispute with creditor regarding the outstanding balance.

Pointed out that I had received letter from creditor a week ago agreeing to a further 3 month payment plan.

I have also included the template for door step visits advising them not to visit my property as they will be breaking the law and that if they wish to visit then they need to make an appointment I have no intention of making such an appointment.

I have informed them that I will continue to pay to them what I paid to the creditor via my DMP.

I have asked them to respond in 12 working days in accordance with the CCA.

Now its wait and see. I have laid my cards on the table lets see what comes back.

Culex

mikon wrote: »

I have laid my cards on the table lets see what comes back.

From reports of past conduct by Moroncroft, I expect you may get further automated threat-o-grams. Keep copies of these or send copies to CCCS.

mo786uk

remember that if they have breached the OFTs advice on debt collection you need to make the OFT aware - otherwise how would they ever know? you can do so by ringing Consumer Direct.

One would assume though thet they have been told already that you have a 3rd party involved already.

Also if they dont responsed with your CCA within 12 days its also worth reporting that as they wont be comply with the CCA. it wotn affect your situation but its another thing the OFT can use against them should they get enough complaints.

Culex

mo786uk wrote: »

Also if they dont responsed with your CCA within 12 days its also worth reporting that as they wont be comply with the CCA. it wotn affect your situation but its another thing the OFT can use against them should they get enough complaints.

From responses posted on here, it would appear that the Office of Faffing and Twaddling uses a simplified counting system whereby the number of complaints against a bunch of rogues is either 0, 1 or 2, where 2 is defined as any real whole number greater than 1 and whereby, on the receipt of a fresh complaint, the number of existing complaints will be reset to 0.

Thus it is possible for the OFT to avoid taking any effective action, whilst cheerfully sending out letters stating that if more complaints were to be received, something might be done; with their novel use of number theory, they never will have enough complaints to require urgent and effective action, even against those companies whom the OFT had obliged to agree to an 'undertaking'.