Moorcroft debt - UPDATE

joflakes

**UPDATE**

I spoke with my Dad and for various reasons he has said I have to get rid of the debt asap as it is his address it is registered to and someone in the family works in the legal profession so can't have this on her address.

I called up the debt collector and enquired about a full and final settlement. I asked if Natwest would also write it off and he confirmed they would. I said that I would require the F&F offer in writing if I were to agree to it *before* I paid anything.

He said about 60% of the debt is what he usually gets as a F&F but I was thinking that when he comes back with his figure I'll offer him something significantly lower and then we can meet in the middle.

Is this reasonable? Has anyone come to a F&F settlement with Moorcroft/Natwest?





Hi all,

I'd just like some advice about a debt Moorcroft are chasing me for.
It's about £1000. I thought it was on my Experian credit report but it turns out it is not.

The Moorcroft bailiffs visited the other but I have had this debt a good few years and part of me just wants to ignore it as it has been on my credit report and now is not.

Is that a really bad move?

I have other things on my credit rating which are more pressing that I deal with.

Thanks
Jo

fermi

Moorcroft are not bailiffs. They are debt collectors, with no powers whatsoever.

How many years is it since you last made payments on this debt or wrote to someone acknowledging it?

joflakes

fermi wrote: »

Moorcroft are not bailiffs. They are debt collectors, with no powers whatsoever.

How many years is it since you last made payments on this debt or wrote to someone acknowledging it?

I didn't realise there was a difference! A good few...3 maybe? It's odd that it's been removed from my credit report. The bailiffs saw my brother who told them I don't live there anymore, which I don't.

give_them_FA

Knowing Moorcroft and the way you are describing it, it looks pretty likely it's statute barred. If you last made a payment more than six years ago, and have not since acknowledged in writing that you owe the money, then that will be the case- sounds like it since as it's been on your credit file and come back off the same six years applies to that.

If this is right it cannot be enforced with Court action; but that wouldn't stop a thoroughly disreputable bunch like Moorcroft from trying to pretend it can.

The "bailiff" is a liar and an impostor, as they don't have bailiffs, and bailiffs can only be instructed after a Court judgment. That should give you an insight into the sort of scum Moorcrofts are.

You can either completely ignore (they will go away once they realise you are wise to them and you are not going to pay) or you can make an official complaint. Sending someone to pretend to be a bailiff is a criminal offence.

But whatever option you choose, -PROVIDED- this debt is over 6 years- they cannot touch you.

Even if it is less than 6 years old, I have found it is perfectly safe to ignore Moorcroft. Whatever you do don't contact them as all you will get is some moronic bully shouting at you.

Edit:

If they have no address for you and they clearly don't, then do not provide them with one by responding to them. They WILL go away, they aren't going to carry out house to house inquiries over a debt of £1000 which they pretty certainly won't be in a position to prove; even if it isn't statute barred.

fermi

It depends when you first defaulted on the debt. If you defaulted more than 6 years ago, and that was recorded then, the default and any record of the account would be removed from your report 6 years later.

Or it could just not be showing on your report at the moment due to the dbet being sold on or not being linked to your current details. Quite possible if they are calling at old addresses and don't have a current one. If the default was less than 6 years old, then if or when they make that "connection" it could re-appear again.

fermi

joflakes wrote: »

I didn't realise there was a difference! A good few...3 maybe? It's odd that it's been removed from my credit report. The bailiffs saw my brother who told them I don't live there anymore, which I don't.

NOT statute barred then.

Is this the one due to Natwest? Presumably an overdraft that went out of control.

joflakes wrote: »

I had my own house with an ex, which we lived in from March 2005 to July 2008. Many of the bills, including council tax, were left unpaid. I totally forgot about/ignored them until recently when I got a scary letter. I have now moved in with my Dad and have no real outgoings, apart from my car which I own.

I have a priority debt of about £3,500 which I owe to the council for unpaid council tax, £560 to 3 Mobile, £750 to The Money Shop, £500 to British Gas, a loan which I took out when I was 18 with Welcome Finance for about £3,500 and never paid any repayments on, and also £1000 to Natwest for a fee build up which went out of control.

joflakes

Thank you all, certainly food for thought!

fermi wrote: »

NOT statute barred then.

Is this the one due to Natwest? Presumably an overdraft that went out of control.

Yes indeed. Not entirely sure what to do with it to be fair. I know that sometimes these companies will allow you to settle the debt for less but does that mean the debt is cleared from Natwest as well?

taffy056

Can I just repeat THEY ARE NOT bailiffs , they are debt collectors with no powers ! Also have you checked equifax ? and we need more precise details of this, if its 6 years or more since you last acknowledged this debt it could be statute barred , so please think real hard and dig out any credit agreements you may have in relation to this.

fermi

joflakes wrote: »

Yes indeed. Not entirely sure what to do with it to be fair. I know that sometimes these companies will allow you to settle the debt for less but does that mean the debt is cleared from Natwest as well?

You can.

Moroncroft will either be acting for Natwest, or they will be acting for whoever the debt was sold on to.

If you ever consider a full and final settlement then you would need to check with Natwest to see whether they still legally hold the debt, or whether the rights to it have been sold on. Don't take a debt collectors word for that, as they will often tell fibs so that you pay them and they get their commission.

If Natwest still hold the debt, then any settlement off MUST be agreement by them. Any agreement with a collector wouldn't be worth didly squat if NatWest still own the debt. You would end up some time later being chased for the rest.

If a collector has "bought" the debt, and they can prove it, then they can negotiate a settlement themselves.

joflakes

taffy056 wrote: »

Can I just repeat THEY ARE NOT bailiffs , they are debt collectors with no powers ! Also have you checked equifax ? and we need more precise details of this, if its 6 years or more since you last acknowledged this debt it could be statute barred , so please think real hard and dig out any credit agreements you may have in relation to this.

Not checked Equifax, just Experian. I'll sort that out later today!
I said above, it is around 3 years now since I last gave them contact.
No paperwork I'm afraid ...I just used to chuck it all out!

thanks

fermi

joflakes wrote: »

Not checked Equifax, just Experian. I'll sort that out later today!
I said above, it is around 3 years now since I last gave them contact.
No paperwork I'm afraid ...I just used to chuck it all out!

thanks

Contact? Or acknowledgement in writing or payment?

Acknowledgement in writing or payment within 6 years would prevent it being statute barred. Contact, e.g. phone call etc would not.