Moorcroft Debt Recovery + Orange contract

BAILIFFCHASER

Eyemean wrote: »

Hello,
Just an update on the current situation in case someone can help.

Moorcroft decided to send my sister the following letter:

(Dated 10/11/07 but received 12/11/07)

So she sent them a reply stating she could not afford to pay the total amount in one lump sum, but could pay 3 equal payments on the 1st of every month to clear the debt of £185.83 in full. If that was acceptable then to please send details of payment methods.

But for some reason she received the same NOTICE OF INTENDED LITIGATION (dated 10/12/07, received 12/12/070) expecting immediate payment by 17/12/07 or to call them.

It has been suggested from another forum that I send a S.A.R - (Subject Access Request) to find out what the closing balance with orange was incase moorcroft has added some penalty charges. The last letter we received from orange stated that the outstanding amount was £129.34, for some reason my sister assumed £185.83 was correct.

So now i dont know what to do, shall i send the same reply back to them or should we send a S.A.R to be sure? (if yes,is there a template we can use please).

If it is found that Moorcroft have added £56.49 to the original amount can anything be done about that??

Also can she demand that we only have contact via letters, which she would prefer because she she has already spoken to them once before and they just demanded full payment no matter what she said.


Unfortunately I need to send some sort of reply off to them in the morning in case they take further action.

Any help would be greatly appreciated.
Thank you in advance


Eyemean

Right read this carefully. you can get one over orange !!!!
Send orange a new cca. Note the number of the cheque somewhere on the letter but point out that you are paying it into their accout(use the paying in slip provided with their threatning letters). post the letter off and pay the £1 over the counter at their bank. Now sit back and wait for them to reply. If they do not reply after 30 days send them a chaser letter off . Reminding them that they have 12 days left. however if they reply its a bonus. If they do not reply send a copy of the cca and your chaser letter to the magistrates court and ask them to issue a summons for non compliance with the cca. Then sit back and relax. Orange will be a distant thought.

Eyemean

Hello BAILIFFCHASER, orange did not send any threatening letters, the letters came from moorcroft.

So im slightly confused.

Or it could be because its late and im not understanding it correctly.

Regards
Eyemen

BAILIFFCHASER

Eyemean wrote: »

Hello BAILIFFCHASER, orange did not send any threatening letters, the letters came from moorcroft.

So im slightly confused.

Or it could be because its late and im not understanding it correctly.

Regards
Eyemen

In that case do what i have said to moorcroft instead of orange. I know because i have taken them down that route. They usually end up not appearing. they will threaten you with various things. just ignore and post here or pm me on what to do next.
My post here : http://forums.moneysavingexpert.com/showthread.html?t=500928

rog2

Hi Eyeman - just do exactly as you said. The cheque has been cashed, therefore Orange can be 'deemed' to have accepted your offer.
Send the next cheque, as stated, in one calender month and the same for the final cheque.
I doubt if Moorcroft will chase your sister, but if they do just tell her to ignore them - they are unlikely to even attempt legal proceedings within the two months that it will take to completely clear her debt with Orange, but even if they did, your sister would have a full defence in that Orange have 'accepted' her offer of payment.
If Moorcroft get stroppy I will draft a letter for you.

Good luck.

Eyemean

Hello Rog2, i will definitely get her to continue with the payments. This probably seems like a silly question, but should she send a letter with the next cheque maybe stating how much she has paid in total and how much is left.

Also with the last cheque should a letter be sent asking for them to send in writing that the full debt has been paid off?

regards
eyemean

rog2

Eyemean wrote: »

Hello Rog2, i will definitely get her to continue with the payments. This probably seems like a silly question, but should she send a letter with the next cheque maybe stating how much she has paid in total and how much is left.

Also with the last cheque should a letter be sent asking for them to send in writing that the full debt has been paid off?

regards
eyemean

It certainly would not hurt, Eyeman.

Eyemean

Hello Rog2, i hope you had a great New years day.

Not a good start this year my sister. Although we sent a cheque (which they cashed) to orange with a letter and an agreement, yesterday she received a letter from Moorcroft saying.

Balance £142.72
Our records show that you have defaulted on your agreement to pay £62.00 per month with the result that you are now in arrears for the sum of £18.99.

Unless payment of this amount is received by return of post we may instruct our solicitors to commence legal proceedings against you without further notice.

Payment must be attached to this letter and made payable to "moorcroft debt recovery ltd".

We also sent a letter to moorcroft stating that all communication should be in writing, but guess what we received a call from them on Saturday (5th of January) at 1pm, obviously didnt answer, but they left a message.

So not sure what the next step should be.

Kinds Regards
Eyemean

Need_To_Sort_It

Moorcroft just refused my token £1 a month and sent the case back to the originator, their policies are so bad.

rog2

To be perfectly honest, eyeman, I would just ignore Moorcroft. There is not really much that they can do - legally or otherwise.
Orange have accepted your sister's first payment, and have, by cashing the cheque, accepted your conditions - they can not ignore them.
The second payment will be due shortly, and, since there is only one further payment to make, the thugs at Moorcroft are unlikely to have the time to carry out their threats.
It is annoying when they phone all of the time - this is a sign of their desperation - but just ignore them, refuse to answer the dpa question that they are obliged, by law, to ask in order to prove that they are talking to the correct person. Record the time of each call. If they continue to call, and especially if they call more than three times in one day, you can report them - in the first instance to Trading Standards Office and, ultimately, to the Police, for Harrassment.
In the unlikely event that Moorcroft do initiate Court Proceedings your sister will be able to state, in her defence, that she has been paying the debt to the original creditor, who has agreed, by cashing the first cheque, to her payment plan. The 'debt' that Moorcroft are trying to collect is incorrect and she has told them that she wishes them only to communicate in writing, which they have ignored.
If you wish, I will draft a letter that your sister can send to Moorcroft, but, in all honesty, the debt is going to be paid, albeit to the original creditor, before Moorcroft can, legally, do anything.

Eyemean

I was just worried that Orange may have cashed the cheque and then sent the payment to moorcroft, thats the only reason that moorcroft could find out exactly how much was paid.

Regards
Eyemean