Moorcroft help

kiwifruit17

Hello

Posting on behalf of relative. 

They have received a phishing letter from Moorcroft but they think it could relate to either council tax or mortgage shortfall debt. The mortgage shortfall debt should have been covered in their bankruptcy. This was 15 years ago.

Do Moorcroft deal with council tax and mortgage shortfalls? the letter doesn't give specifics and they are scared of ringing and accidentally admitting liability. 

Thanks

sourcrates

Admitting liability means nothing, it only affects the limitation period, and it can only be done in writing anyway.

It’s unlikely to be either of the debts you mentioned, although anything is possible.

Send the provit letter and find out what it’s all about.

fatbelly

I agree. Could be anything - or nothing.

Most councils would not use Moorcroft for council tax as they would get a liability order and pass it to bailiffs - which Moorcroft are not.

A prove-it does not admit anything.

Let us know what comes back

kiwifruit17

Thanks its a mortgage shortfall which should have been included in the bankruptcy. OR have lost most of the information regarding his account when they migrated their systems. 

fatbelly

That was quick

Covered by bankruptcy then. 

 s.382 Insolvency Act 1986 defines a bankruptcy debt as

(a)any debt or liability to which he is subject at the commencement of the bankruptcy,

(b)any debt or liability to which he may become subject after the commencement of the bankruptcy (including after his discharge from bankruptcy) by reason of any obligation incurred before the commencement of the bankruptcy,

That's the end of it. Well done

kiwifruit17

Hi wanted to update.

Moorcroft argued and were quite aggressive saying that too much time had passed for it to be included and that unless relative had the original petition detailing the mortgage/ property on the bankruptcy petition they were going to proceed.

Relative said they would get OR to contact Moorcroft. This was done via email and they said that if mortgage account had been taken out (which it had) before the BR then it was included and gave Moorcroft details of how to get their client (TMB) to lodge a claim in the BR.

Relative receives letter saying that their case is on hold while investigation carried out.

Weeks pass

Relative gets tired of waiting and phones Moorcroft who tell them that TMB have found paperwork regarding BR and have instructed Moorcroft to close account and take no further action. They said that it is unlikely TMB are going to proceed any further but for absolute peace of mind we should call them. 

Final question: should relative contact TMB for written evidence the shortfall will not be persued? 

fatbelly

no point.

this one is finished

kiwifruit17

Thank you, I appreciate the rely.

I guess they are upset that this has been dragged up after so many years and don't want to get another shock further down the line. They are in the process of buying a house and any shortfall being chased would ruin their lives and that of their families. They want complete closure but are also angry they have to chase the answers.