Laalinz v Moorcroft (MDR)

[laalinz]

Hi,

 

I have a problem with Moorcroft at the moment.

 

I have a store card with Argos and owed them three months payment. I then started receiving phone calls from MDR. I never answer unknown number and they would not leave a message on my answer machine. I then received a nasty letter informing me that they were acting on behalf on Argos to recover my debt and they were demanding the full payment of the account.

 

I paid Argos the arrears I owed them by phoning their automated payment line.

 

I then received a letter from MDR pointing out that they were now responsible for the administration of the account and all payment must be made to them direct and once again they were asking for the full account amount to be paid in full. They informed me that if I did not contact them they would instructed their client to contact a solicitor.

 

Now this is where it gets confusing. I do not bully boy tactics and rang MDR. I spoke to a very rude, unhelpful woman who refused to give me her surname. I told her the I could not pay the full amount but made an offer of £50.00 per month. She said No "our client will only accept £150.00" I eventually got her down to £62.56 per month as "this is all our client will accept". I told her I wanted everything in writing. She tried to force me to set up a Direct debit there and then and got rather nasty about me insisting it was all in writing.

 

I then rang Argos and they informed me that my account was no longer with them.

 

I have since been doing a little bit of research on MDR and have been rather surprised at what I have found.

 

I am today drafting a letter to tell them that they must stop ring me as it is classed as harressment and I will only del with them by writing. I will also be requesting a copy of my signed credit agreement.

 

I will keep you all informed. I am not taking this lying down and will fight them all the way. My debt is with argos NOT MDR.

 

[twofoot]

I see you have the measure of these morins, well done. There's a few things to look for like invalid termination, invalid DN and invalid CCA. You are obviouusly not frightened of them on the phone because you know how to deal with them and that is one thing they hate. Keep up the good work and make them work your way, not their's.

[cerberusalert]

Have you requested a CCA yet? If not send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[laalinz]

Thanks that will be sent today. I will keep you informed of the outcome and will scan any correspondence onto this thread

 

[molly13]

Hi laalinz,

Also ask them to provide indisputable proof that they are authorised to deal with your account. I did, and they never supplied anything,so I reported them to the ICO as they were processing my data without my consent. The ICO upheld my complaint and I haven't heard from them for about 7 months.

 

Regards

Molly:)

[tinyones]

I too am having problems with Moorcroft so sympathise greatly. Molly 13 how do you go about asking them for the proof they have rights to your info etc sorry to sound dumb but unsure on any of it

[laalinz]

They are horrible people.

 

My understand is that they buy your debt of a company that knows it may be problems enforcing the payment. They also buy it for a lesser amount then you owe then demand full payment from you with a £12.00 admin fee.

 

Their staff work on commission and that is the reason that they use bully boy tactics.

 

Send the letter template posted on this thread. These people are cowboys and are profiting from other peoples misfortune!

 

Fight them Tinyones. We can do this together!

[tinyones]

Thanks laalinz.

 

I didn't have the faintest of clues till a friend recommended this website which has made me a little more informed as to what to do. I have sent off my CCA request so wait and see I guess

[laalinz]

Don't talk to them either. Only respond in writing. Not worth the stress they inflict when they talk down to you.

 

Good luck and keep me informed

[tinyones]

I will do thanks. Which postcode have u used in sending letters as one on the card from bloke at house said sk1 4aj but in their website its 4aa

[laalinz]

I used the 1 on the website.

[tinyones]

heres hoping mine gets there then as I used the one on the card 4aj.

[Helios]

Correct address for Moorcroft

 

Moorcroft Debt Recovery

2 Spring Gardens

Stockport

SK1 4AA

 

 

Moorcr@p are bottom feeders there tactics just pure intimidation, get everything in writing and don't talk to them on the phone if they call you refuse to go through there security questions and hang up.

[tinyones]

So would you say to send another copy as I posted it last night to that address but the post code was SK1 4AJ Which was on my card from the bloke at door. I have looked on royal mail website and it states it is in their system for delivery

[Helios]

So would you say to send another copy as I posted it last night to that address but the post code was SK1 4AJ Which was on my card from the bloke at door. I have looked on royal mail website and it states it is in their system for delivery

 

The letter will still get to Moorcroft, you had a doorstep collector from moorcroft??

[tinyones]

Yes, I have a thread added yesterday with my situation on it and lets just say I am going to be complaining about him to OFT after the way he was with me. No letters etc just turned up at my door. Not to say letters havent gone to my old address but obviously moorcroft have my address so they should have wrote here too?

[molly13]

tinyones here is the letter that I sent to Moorcrofts:

 

A.J.Martin

Debt Recovery Manager

Moorcroft Debt Recovery Limited

P.O. Box No. 17

2 Spring Gardens

Stockport

SK1 4AJ

Moorcroft Reference:

Client Reference:

Dear Sir/Madam,

With reference to your letter dated ******, received by me *****

You state that you have been instructed by*******. to collect on the above reference number, however I have not been notified of any such action by ******, and have some doubts as to your legitimate authority in this matter. Further, I also do not recognise the above client reference number as an ******* account number and do not know to what you are referring.

I am completely unaware of Moorcroft Debt Recovery Limited and find it extremely worrying that you should hold any of my data, financial or otherwise without my knowledge or permission, and I will be seeking advice from the Information Commissioner’s Office regarding this.

I would be obliged if you would supply me with full details, including dates, of who referred this to you, and also supply me with full written authorisation from same, explaining who you are before I will deal with your company.

You also state that all payments must be made to “Moorcroft Debt Recovery Ltd”. Why? I do not believe I have ever had any outstanding debt to your company.

I will expect your full response, including the full and detailed authorization requested, within 7 days.

Yours sincerely

 

I then followed that up with a letter telling them I was reporting them to ICO when they didn't respond.

Hope this helps

 

Regards

Molly:)

[tinyones]

Thanks very much Molly I will be sending a similar letter to them over the weekend. help greatly appreciated

[molly13]

No problem tinyones... Just go get them

 

Regards Molly:)

[Bazooka Boo]

Will keep tabs on your progress laalinz, now you have your own thread, well done..

[j_semple]

How do you sub to threads? I want to sub to this very closely as I am going to be in the exact same situation as tinyones is in with Moorcroft and Argos sooner rather than later I suspect. Just waiting for the letter now from Moorcroft so I can be ready and armed for them.

[Bazooka Boo]

How do you sub to threads? I want to sub to this very closely as I am going to be in the exact same situation as tinyones is in with Moorcroft and Argos sooner rather than later I suspect. Just waiting for the letter now from Moorcroft so I can be ready and armed for them.

You've just done it

 

You can either sub to a thread by leaving a comment, or just put 'subbing'.

 

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[j_semple]

Ah! I see! Gee i'm slow! OK. Thank Ya!

[laalinz]

I received a letter from MDR on Saturday with a Direct Debit form. This letter informs me that my Direct Debit will be under monthly review and can be canceled by them at any time.

 

Said letter is filed away. Just waiting for them to receive my letter re; phone calls and credit agreement .

[tinyones]

So are you already paying them Monthly?