letter from moocroft

RAS

Edited as best possible it to fit with your DDs situation, but I am assuming

a) that DD has been making payments to Moorcroft?
b) that htere is a defualt in their name against her credit refenc check.

If ther are neither, there is no point pushing it.


Thank you for your letter of (date) indicating that you are no longer seeking to collect this account.

As you are no doubt aware, Section 78(6) of ehe Consumer Credit Act states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably

RAS

Moonraker

I am not the expert here, really you need rog2, weller711, crown or angelvdavis, all of whom have put up letters over this issue.

But based on their excellent prior efforts, I have edited the letter below. You might want to PM some of them for comments?

moonrakermagpie wrote: »

Hi, thanks for that,

Can I ask a few questions, as after my/our success I do not want to shoot myself in the foot.

1, If I submit the above letter,(which I am perfectly happy to do) am I likely to open up a can of worms and prevoke them to stand and fight.

They have already capitulated. But, there is nothing to stop their client refering the debt back to whoever they got it off and letting them chase it up (if they can provide the CCA).

2, How tailored is this letter to our individual circumstances.

I put up crown's letter for someone who had not received the CCA, rather than your instance, so have edited it.

3, Can they go back on the fact that they have said they do not have a signed credit agreement, if they find it in the future, and then pursue the debt again.

I assume that Moorcroft were managing the debt collection for their client? If Moorcroft cant get hold of the CCA from their client, it is unlikely that the client has it.

4, Will this debt still be held on file by the credit reference companies (experian) and can any other company pusue this debt in the future.

that's the point of demanding action 2.

I am more than happy to carry on with the claim but do not what to be to "cocky" and "screw-up", that would not help my daughter at all.

To be honest dealing with "E's" debts was never about not paying them, as I believe that if you borrow money to pay for stuff then morally you should pay them back every penny, I simple sent out the letters to try to get proof of the original debt and how much had been paid to date, so I could come to some arrangement to settle the debt whilst paying the least possible within "E's" very tight budget.

You would be amazed at how many times DCAs use the moral obligation arguement. She has no legal or moral obligation to pay someone who cannot prove that she owes them money.

Yes I was very suprised and highly delighted and proud when we received the letter saying that they could no longer pusue the debt, but also impressed on"E" how lucky we/she was and not to think she can do it again "EVER".

Do you know how she originally acquired this debt? If you think that the original creditor may come back at her, you might want to keep some of all of the payback in an account for a while in case. Would suggest an ISA.

Alternatively, use it to pay off the debt that she has which is still accruing interest at the highest rate. Then if the original creditor comes back at least her situation is somewhat beeter.

Crown

Morning, Well done on standing up to them and getting the result!

With regards to the second letter it is up to you if you wish to send it although if your daughter knows she did have this debt with the company I would personally let sleeping dogs lye.

With regards to the Credit report issue I am not sure if I missed it but has your daughter actually received copies from both credit agencies and are the debts still listed there and if so what date are on them?

The note will fall of in 6 years and with no trace. It is a strange situation as the only reason they are not continuing is because they forget to scan/file the agreement. If you personally know that she did owe more money on the account I would put it down to experience and be thankful at the result.

I think the second letter (Who Weller77 posted) was used when someone had been paying an account for sometime as they were threatened with legal action and just paid up. Once they got onto the site they realised that they may not legally have to pay even though the DCA had threatened them they could not provide a signed CCA so once again the case was dropped. As they honestly didnt acknowledge the debt the tried to reclaim there fees.

I cannot remember the outcome as they never replied back. I know that in the past though Weller has had some success although I havent seen them on the forums for a while.

Sorry for the late reply but wish you th best with it,

moonrakermagpie

Hi there Crown, thanks for responding, your thoughts have been very useful.
As I have said further up the thread, I was worried that I might stir up a hornets nest if I tried to be to clever.

Yes absolutly, my daughter knows that she owed the original debt and was more than happy to pay it, it is just that for many many reasons that she has been unable financailly and emotionally to deal with the debt which had turned a £500 debt into a £1200 debt.
We have paid off several hundred pounds of it over a few years (well my wife has actually, as "E" did not want me to know about her spending and debt problems).

Last year "E" told me about her finance problems and I have been sorting them out one by one, not all of them are debt problems, more financial management and budgeting issues.

My original reason for the letter to moorcroft was simply to get a rundown on the original debt amount and the charges added since then. I was then going to offer terms for a reduced lump sum "now" payment or offer a few pounds a month based on "E" not being able to pay any more.

Needless to say I/we were delighted at the outcome.

I think I will as you say "let sleeping dogs lye" for now as I do not know for sure the outcome of pursueing the issue further

Many thanks for your reply and will see you on the forum

Steve and for "E".

moonrakermagpie

Thanks to all who have posted on this thread with special thanks to:-

rog2, RAS and crown

Thanks to every one else for your support and thanks to pania for the hugs

Cheers Steve

pania

so hows it going steve?

moonrakermagpie

Hi there, doing ok thanks, Thanks for the hugs, although I am not the one with the debts, there has been quite a lot of work to sort out "E's" finances, so really the hugs should be for her, but I grabbed a little for myself.

I have had to sort out "E's" finances from bottom to top, she is on benifit with her daughter "C" and that is her only income, apart from when we buy her stuff when she really needs it.

She had £3000 of debt at christmas and was in arrears with her electric,water,tv etc, and all her debts. Whenever she was threatened with disconnection or received a letter threatening court action she would phone her mum,(my OH) and her mum would pay some money to shut them up.

Most of this, I did not know until last christmas and it had been going on for years, my OH had been paying £100 here, £20 a week to moorcroft for a year or more and other amounts at other times.
I don't mind the money so much, (well I do really, I work lots of overtime to make our lives a bit better and it hurts to see it just going out with nothing to show for it)

Apart from the debts, (which all go back to six or seven years ago, to when "E" was working and being offered store cards and credit cards etc), much off her financial problems were due to mismanagement of her day to day budgeting. She was spending all of her weekly and monthly benifit on shopping, food,cloths and impulsive spending, but not putting money aside for the monthly bills etc. ANY "spare" cash she could get her hands on would be "blown" the same day to cheer herself up, but knowing it was wrong and that she didn't need the things anyway.
Hence the phone calls in tears, for some more money from my OH to bail her out again.
Of coarse she did not want me to know, as she would know whet I would think about it all!!!!!!!!!! humm!! not impressed at all!!!!!!

But this "crisis management" and "fire fighting" was not helping anyone, and not dealing with the underlieing cause.

So!! I dicided to take over ALL of "E's" finances, and I contacted the electric and water and tv etc and worked out deals whereas she can pay the arrears over a much longer time than would be normal in order to reduce the monthly outgoings without paying any interest or charges.

Next!! to make these new arrangements work I have opened a new bank account (as with her credit rating she is unable to) And this is her "billings account" some of her benifit is paid into this account and all the direct debits are paid from here, insuring they are always paid, thus avoiding the charges for none payment she was getting whilst also saveing 10% for paying by direct debit, as "E" never sees this money she is unable to "blow it" on stuff she does not really need, but most of all, all of her outgoings are always paid without fail and she does not even need to think about it. The bank now works for her!!!!!

With the money she is saving, I looked around for a phone deal for her as she had been cut off by BT for debts and only had an ageing mobile on pay as you go, hence she never had any credit and phoned us every day to phone her back and I could see that it was costing us £30 a month to phone her whilst she could not phone anyone else.

I found a 3 for £30 deal with virgin that is amazing, Free landline calls 24/7 with unlimited broadband and a simm card with any time any network. So now "E" can phone us all day long for "free" whether on her home phone or mobile and has the internet for e-mails and e-bay to sell things,

Oh!!! and "YOU TUBE" lots of "YOU TUBE", not sure I approve!!!! she should be doing housework or "doing stuff" like my mum used to do 24/7.

There is still lots more to do, like controling her inpulsive spending and budgeting better but at least we have made a start and have got most of it in some sort of order.

This web site has been a great support for me, and we have been able to write off "3" of her debts including this moorcroft one, saving her over £1000.

So, thanks for the hugs and thanks for this web site.

Many thanks and see you later

Without my OH seeing hugs to you to!!!!

Cheers Steve (and "E")

keith_lard

THANK YOU STEVE!

I had a visit from Moorcrooft asking for a £1200 Debt (originally £300, thanks alliance and leicester! you really helped me in Redundancy!:mad: :mad: :mad: )


They now will get a letter asking for the original Credit Agreement!:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:


k.:beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer: :beer:

moonrakermagpie

keith_lard wrote: »

THANK YOU STEVE!

I had a visit from Moorcrooft asking for a £1200 Debt (originally £300, thanks alliance and leicester! you really helped me in Redundancy!:mad: :mad: :mad: )

Hi there,

A quote I heard years ago - "banks treat money like it was an umbrela, they don't mind lending it to you whilst the sun is shineing - but they want it back as soon as it starts to rain!!!!"

In my veiw, although I use banks to my full advantage, and fortunately do not have any debts except the morgage, I know that they crucify anyone in trouble and have really shafted me many years ago, their charges just snowballed until I had to change banks to get a fair deal. unfortunately that was 20 years ago so was unable to claim back the charges that created the problem in the first place, each month I would get charged £20 for going overdrawn and then they would send a letter (charged at another £20) to tell me so.There charges equaled between 10% and 25% of my monthly income. [EMAIL="B**@@**DS"]B**@@**DS[/EMAIL]!!

In my opinion they are all total ""bankers"" all of them!!!

I don't know if you will have as good a result with your letter, DID YOU DOWNLOAD IT FROM THIS WEBSITE.

Second, have you sent the letter to your bank asking for details of any charges they may have charged you, there is a template letter you can send for this also. I'm sure you've seen the bank charges link on this forum!!

Thanks for the thanks

Let me know

Cheers Steve

keith_lard

Hi steve,
Fist I had 7 Accounts,:eek:
5 are with DCA's and 2 did go to Court, and my I add these went with the original Creditor!

I have not asked for any charges back as of yet, and I have no Idea how much they owe me, prob its in the 1000's.

I need to get this going soon as the accounts went t***s up about 6 years ago.

Now we have a new baby boy :A and my wife has left work all payments have dropped to all DCA's I have told them why, but 'its not there concern' as they but it.:mad: :mad: :mad:

So reading your thread has made me smile and in the ealry hours of the morning, made me think if they do not have the original agreement, how can they take the account to court????

So Moorcroft have been a real pain:mad: and others....HFC bank:mad: :mad: , Yorkshire Bank :mad: :mad: :mad: ( thanks chaps for the CCJ's, just what I needed when out of work!)

So if someone could point out a Good FIRST letter to send to Moorcroft , they will be in the post ASAP!


k.