Moorcroft - making full and final payment of old debt

nanamoan

Hi .. everyone seems really helpful here so wondering if any one can help or point me in the right direction. Brief synopsis of story/ situation - split with ex husband 9 years ago, he emptied account, maxed credit cards, took savings etc etc - left me & son with nothing. I was persued (I now realise illegally) for all debts- cards, bank accounts, loans. I have paid everything apart from one remaining debt that is dealt with Moorcroft debt collectors. Originally the balance was in excess of £3k, I have now wittled this down to around £700. My circumstances are changing in the next couple of months and I will be struggling to pay anything tbh. Does anyone know if I can write to them and offer a full and final payment of £50 to finish the debt? If they cash the cheque and then dont respond, should I take this as they have accepted the offer?
Thanks in advance.

RAS

Hi

Have you ever sent them a CCA request?

nanamoan

what is that? sorry being a bit dense here

RAS

Consumer Credit Agreement

Without which they are not legally entiteld to collect a debt. Quite a lot of DCas rely on the fact that punters do not know this and collect debt withut the proper paperwork.

rog2

Hi nanamoan - it is a pity that you have been 'cajoled', by the thugs at Moorcroft, into making these payments against 'alleged debts', which, as you say, could even be legally unenforceable.

A word of warning - if you wish, as is your right, to make a full and final payment/settlement offer, do not make any payment until Moorcroft have accepted, in writing, that the payment will be in 'FULL AND FINAL SETTLEMENT'. Do not accept any other words, for example 'settlement offer' or 'partial settlement'.

For advice on how to make a 'Full and Final' settlement offer, plus a 'template letter' have a look at:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

nanamoan

I suspect that this amount is around the charges incurred on the card/ account during the period that my ex was taking the money out of the account and then the bills were bouncing all around the account and charges coming in. Unfortunately, at the time I was extremely scared and unaware of great sites like this where people can help and advise. I was just told that as a joint and severed debt if they could contact me, I would be liable for the payments - so that is what I have done for the past 6 years.
I will look at that website and hopefully be rid of these horrid people soon. I am becoming a full time student in September so wont be able to afford to pay anything like the amount that has been paid over these past years.
Thanks,

rog2

nanamoan wrote: »

I suspect that this amount is around the charges incurred on the card/ account during the period that my ex was taking the money out of the account and then the bills were bouncing all around the account and charges coming in. Unfortunately, at the time I was extremely scared and unaware of great sites like this where people can help and advise. I was just told that as a joint and severed debt if they could contact me, I would be liable for the payments - so that is what I have done for the past 6 years.

RAS is, also, quite correct. It does seem that you are not, nor have Moorcroft made you, aware of exactly what the 'debt' consists of.
Even at this stage, you could ask for a true signed copy of the original cca (consumer credit account) which Moorcroft would have to, legally, provide within 12 working days of your request.
Without this, they can NOT collect the 'debt' and you could ask for any monies already paid to be refunded.

nanamoan

rog2 wrote: »

RAS is, also, quite correct. It does seem that you are not, nor have Moorcroft made you, aware of exactly what the 'debt' consists of.
Even at this stage, you could ask for a true signed copy of the original cca (consumer credit account) which Moorcroft would have to, legally, provide within 12 working days of your request.
Without this, they can NOT collect the 'debt' and you could ask for any monies already paid to be refunded.

I have recently moved address and dont really want the thought of them turning up at my door if I pass them my new address, will this happen? Having said that I dont want them turning up at my old address either. Is this likely to happen? The debt as I am aware is from a Nationwide joint credit card and joint bank account that my ex husband and I had.
So, I should 1) ask for a CCA and breakdown of the total amount that they were original chasing and 2) then send a letter, if I agree with the debt, asking if I can make a full and final settlement payment
They (moorcroft) have been historically quite agressive, agreeing to a payment plan and then insisting that I increase the payments else I would have to pay the total amount/ baliffs coming round etc etc. Refusing for me to make a Standing Order payment (which I found most odd) I have been struggling to pay the amount (now increased twice at their insistance from £20 to £50/ month) for the period so am hoping that this will end the whole situation.

rog2

I can understand how you feel, nm. Moorcroft are a totally unprofessional bunch of thugs, whose behaviour is well documented on this forum.

They openly flount the Office of Fair Trading Debt Collection Guidelines, to which they should, but seldom do, adhere, in order to keep their licence:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

The way that they have treated you is testament to their contempt of debtors in the pursuit of 'easy money'.

If you do decide to go down the cca route, you need to be prepared for a hard fight, as the pondlife that represents a growing majority of the inhabitants of the murky swamps of the burgeoning horde that lurks behind the label of 'debt collection' likes to receive, but does not like to return their often ill-gotten gains.

The choice is, and must be, yours, but rest assured that, whatever your decision, this board will help you all the way.

RAS

NM

A few things here.

Will post up the OFT Guidelines for debt collection shortly. Moorcroft are well known on here and not keen supporters of the OFT Guidelines. However, if they are trying to make you pay more than you can afford, they are breaking the rules and you should report them.

have you arrange for your mail to be re-directed? If not, I suggest you organise this urgently.

How are you paying Moorcroft at the moment? We strongly advise against either Dss, debt cards or credit cards, as there is nothing to stop unscruplour DCAs extracting money without full consent, but the banks will not take action as you gave them the original authorisation.

i doubt if they have sent bailiffs - unless they have a court order which you failed to pay and then they got permission from the court, they cannot do this. Does not stop them threatening though. Do you have any letters in which they made this sort of threat?

If you had not been paying off this debt, it would be statute barred, but as it is that option is not available.

If they do not produce the CCA after 12 working days, plus 2 days, they are in default and you can stop paying. If they hav still not produced the documents another 30 days after that, you can tell them where to go and could possibly reclaim you money, although that would be a fight.

melie3

hi,
sorry for hijacking post but ive just received a letter from moorcroft this morning, i recently asked for my CCA. they cannot provided me at this time with my request as 'they are no longer dealing with account'. not sure what i do now as im not disputing i owe the money. its owned by m and s. should i contact them or wait until i hear from them??
kindest regards melie x