Moorcroft Debt Recovery + Orange contract

Eyemean

BAILIFFCHASER, I already tried cca request in the start thinking it would apply, but they just sent the postal order back.

johnharding

Eyemean wrote: »

Hello, my sister received a letter from Moorcroft this morning:



Should my sister just ignore this letter for now?

I would send something like:

Moorcroft,

In response to your letter dated xxxxxxx, I am advising you that the debt has been settled in full with the original creditor, Orange PCS. Therefore, by continuing to chase this debt you are breaching OFT regulations and I will report you to the relevant authorities.

Should you persist in taking legal action, then I reserve the right to claim costs against you for the vexatious and frivilious lawsuit you are bringing against me.

rog2

BAILIFFCHASER wrote: »

There you go what everybody wanted to hear.

BC - This site is not about 'what everybody wants to hear'. The Consumer Credit Act, 1974, does NOT cover mobile phone contracts, unless part of that contract includes the 'purchase' of a phone, in which case it becomes a 'Hire Purchase' agreement, and would, normally, come within the scope of the act.
That said, most mobile phone providers, including Orage, are well aware of this difference, and will, in the case of a contract covering the 'purchase' of hardware, issue two agreements - a consumer credit agreement relating only to that portion of the account which pays for the purchase of the hardware, and a consumer service agreement covering the actual service contract.
I have, previously, posted links to these 'different' contract agreements, and will re-post, but they are freely available to inspect on most mobile provider websites.
My worry, BC, is that, by suggesting that the OP requests a 'cca' then reports Moorcroft to a magistrates' court, you are potentially weakening his credibility.

Eyemean

Hello Rog2,
My sister received another letter from good old Moorcroft.

Our records show that despite our letters to you, you have defaulted on the agreement we reached with the result that you are now in arrears for the sum of £56.49.

As a result of this your account has now been passed to our Home Collections Division for action. This may involve our local representative calling at your home address within the next few days to establish how you propose to settle the balance outstanding.

If however you wish to continue paying direct to this office you must send payment to us for the full amount of the arrears. It is stressed that this payment much reach us no later than 10:00am on 10/04/08.

We would emphasise that if no satisfactory agreement is made with us or our local representative you may leave us with no alternative but to instruct our solicitors to commence legal proceedings against you without further notice.

I havent heard anything from orange yet.
To be honest i've forgotten to call National Debtline or CCCS on behalf of my sister. I'll have to call them on Monday for definite.

Cheers

rog2

Eyemean wrote: »

Hello Rog2,
My sister received another letter from good old Moorcroft.



I havent heard anything from orange yet.
To be honest i've forgotten to call National Debtline or CCCS on behalf of my sister. I'll have to call them on Monday for definite.

Cheers

I'm very surprised that Orange have not, yet, had the common courtesy to acknowledge your letter, yet, eyeman.
Moorcroft threatening 'doorstep collectors' is pretty much par for the course, as is their threat of leal action. If they did issue a summons, then you should contest it vigorously - but I doubt very much that it will come to that.
Please don't forget to contact NDL or CCCS.

BAILIFFCHASER

rog2 wrote: »

BC - This site is not about 'what everybody wants to hear'. The Consumer Credit Act, 1974, does NOT cover mobile phone contracts, unless part of that contract includes the 'purchase' of a phone, in which case it becomes a 'Hire Purchase' agreement, and would, normally, come within the scope of the act.
That said, most mobile phone providers, including Orage, are well aware of this difference, and will, in the case of a contract covering the 'purchase' of hardware, issue two agreements - a consumer credit agreement relating only to that portion of the account which pays for the purchase of the hardware, and a consumer service agreement covering the actual service contract.
I have, previously, posted links to these 'different' contract agreements, and will re-post, but they are freely available to inspect on most mobile provider websites.
My worry, BC, is that, by suggesting that the OP requests a 'cca' then reports Moorcroft to a magistrates' court, you are potentially weakening his credibility.

If they will not will not listen then this would be the your option. The reason i am saying this is because i know it will work. At the moment moorcroft will not back off or acknowledge. This way they will stand up and listen. I know what you are saying is correct. Sometimes you have to do things that are incorrect to get the right result.

rog2

BAILIFFCHASER wrote: »

I know what you are saying is correct. Sometimes you have to do things that are incorrect to get the right result.

I have two concerns about that approach, BC:

1. You would be taking a risk, that a smart 'legal' brain would spot and jump on, possibly ending up with everything backfiring to the creditor/dca's advantage.

2. It tends, in my opinion, to bring the 'alleged debtor' down to the same level as the dca.

I appreciate that, sometimes, one has to play fire with fire and if it has worked for you - fine. I just see it as 'too risky' when there are accepted and legally proven proceedures that can be used to get an unquestionable result.

BAILIFFCHASER

rog2 wrote: »

I have two concerns about that approach, BC:

1. You would be taking a risk, that a smart 'legal' brain would spot and jump on, possibly ending up with everything backfiring to the creditor/dca's advantage.

2. It tends, in my opinion, to bring the 'alleged debtor' down to the same level as the dca.

I appreciate that, sometimes, one has to play fire with fire and if it has worked for you - fine. I just see it as 'too risky' when there are accepted and legally proven proceedures that can be used to get an unquestionable result.

You have just said it yourself. If you did it this way a legal brain would pick this up and write to threaten you. In reply you can then point them in the right direction.

Nursey-nursey

dont know if any one can help me. I keep getting phone calls from moorcroft saying I owe money to o2 for an old mobile. I am unaware that I owe money and O2 say they cant find a monthly contract in my name.I received my equifax and experian credit reports and there is no mention of any monies owed. Moorcroft say they have sent letters to me which I havent replied to( I have never received any letters) I dont know what to do as I assume this could affect my credit rating I will pay the money if I owe it But O2 cant find any trace of it.

Please Help!!!

RAS

NN

Moorcroft would not know a genuine debtor if they were hit in the sore bits by one at high speed.

For a start, You need to send them a telephone letter. Will find it