Moorcroft Debt Recovery

[NathanJ]

Morning everybody, new to the forum and looking for some advice.

 

Before I start I acknowledge that my situation is only my fault. I hold my hands up.

 

When I was 18 I stupidly took a loan out of £2,000.00 with Britannia BS. I was in full time work, earning around £12,000.00 and the money was intended to clear my overdraft and pay for driving lessons and a cheap car. Being 18, neither of those things happened and the money was pretty much wasted.

 

The loan defaulted when I missed some payments and as time has passed various debt companies have pursued me for payment. I agreed to make a payment monthly with one company, but they never finalised the agreement or attempted to take any payment.

 

The loan is now with Moorcroft Debt Recovery and this is where my problem/question is. I received a letter on Friday demanding that I call no later than today. The total outstanding is around £2450.

 

I rang them earlier today, and the person I spoke to was not very helpful. He basically said that I'd have to pay half of it today and half of it next week. After I told him there was no chance of this, he said that I'd have to pay 10% a month of it to avoid court proceedings. Again, I cannot afford £250 a month. He then said I'd have to pay £150 a month.

 

My problem is that I am currently living back with parents and my finances are a bit of a mess. I'm trying to sort them out and this is the only outstanding debt I have (I'm currently paying off a large overdraft aswell).

 

I have to move back out into rented accomodation in September, and there's no way I can afford £150 a month to pay this loan back.

 

What should I do? Should I wait and see what the legal proceedings are? Do I pay the £150 even though I cannot afford it?

 

Any advice would be much appreciated. I know that this has been brought on by my own stupidity, but I do need to get out of this hole

 

thanks

Nathan

Edited May 4, 2010 by NathanJ

[cerberusalert]

How old is this alleged debt exactly & when did you last make a payment or written acknowledgement of it?

[NathanJ]

The debt is approx. 3 years old. I last paid about 2 or 2 and a half years ago. I have been very foolish with my finances and have not kept records for exact dates, sorry

[cerberusalert]

First Moorcroft 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)

[NathanJ]

Thanks, I'll send that off to them today.

 

What happens if they start legal proceedings as stated in the letter I've received? It says that they will do so tomorrow unless I make a payment.

 

What is the likely outcome for this situation, will I be paying more than I can afford or not?

 

Cheers

Nathan

[cerberusalert]

What happens if they start legal proceedings as stated in the letter I've received?

At this stage it is 'hot air', they are trying to get you to contact them.

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[Mr_Homer_J_Simpson]

How long ago did they take over the account ?

[NathanJ]

Okay, thanks. I'd be happy to pay them £50 monthly as that would still enable me to afford to live and move out.

 

Do you guys think that at the end of this, I'll be able to make an agreement for £50 a month?

[NathanJ]

Apparently about 3 months ago, according to the guy on the phone this morning.

[cerberusalert]

What is the likely outcome for this situation, will I be paying more than I can afford or not?

If the debt is enforceable you can come to a repayment arrangement at a level you can reasonably afford. Even in the unlikely event that this went to court you would only be ordered to pay what a judge thought you could reasonably afford after looking at your income and expenses.

[NathanJ]

My expenses at present are minimal, but I am paying off debts to family and the bank and these things don't count as 'expenses' in the eyes of creditors? However, in a few months my expenses will increase greatly as I will be moving into rented accomodation. Let's hope if it does go to court it is not until I am already renting?

Edited May 4, 2010 by NathanJ

[debt4get]

these cases very rarely go to court nathan..and we are a million miles away from that scenario yet...if this has already been passed through various agencies, then the chances are they do not have the paperwork in order to enforce this debt in court...send for cca and take it from there..at the moment all you are getting are the standard threatograms...do not talk to them on the phone..EVER.. refuse to go through security if they do ring..insist everything is by letter..i am sure in a few weeks you will feel much more empowered than you do now

[NathanJ]

You guys are ace Thanks a lot for all the help and advice. Sending the letter for CCA on my lunch in a few minutes, printed the letter and will pick up postal order.

 

My main worry is that this is going to prevent me from moving back out later this year, which is more of a must than a might be doing scenario.

 

When I send the letter for the CCA, do I ignore any further mail from them until I receive a reply to my letter?

 

When I spoke to their call operator earlier today he insisted that I do everything over the phone and told me I cannot write to them to resolve this, was this a lie?

[lee32uk]

 

When I spoke to their call operator earlier today he insisted that I do everything over the phone and told me I cannot write to them to resolve this, was this a lie?

 

Yes it's a lie

[PGH7447]

dont you just love the way they try and help people, you must pay half today and half next week - idiots, this is why people are find the cag cause they are too stoopid to try and be helpful

[NathanJ]

Okay, I've sent the letter for CCA and postal order by recorded mail.

 

So now it's just a waiting game? If I received more mail in the mean time do I ignore it?

 

Many thanks once again guys

[PGH7447]

ignore until they supply the agreement or until the deadline passes

[NathanJ]

Ok that's great, a load of my mind for the time being!

 

I know we're not at that stage yet, but what happens if A.) they produce the CCA or B.) they don't produce the CCA?

[new-me2010]

Cross that bridge when you get the agreement back so until then put it into the back of your mind.

 

If they phone tell them politely, or not if you feel that way inclined, to do the Oscar Foxtrot as you want everything in writing.

[NathanJ]

Okay, will do I'll keep this thread link and post here when I receive a reply again? Or is it best for me to start a new thread then?

 

Thanks to everyone who has responded, it's a load off my mind. Now to see if there's anything else on this site that could help me ! (Bank charges, perhaps! )

 

Many thanks

Nathan

[count orlok]

If a), you pay them what you can afford, not what they say, even if they ever took it to court you would not have to pay more than you could afford. If b) you put the account into dispute and pay nothing untill they produce the CCA.

 

Stick to this thread.

[NathanJ]

Okay that's great, I'm assuming it's in my best interest that they do not produce it?

 

Is it correct that they have 12 working days to respond?

[PGH7447]

12 +2 days postage

[NathanJ]

Received this from them today any help appreciated