Argos Storecard and Moorcroft Debt Recovery

[hezcal11]

My wife received a default letter from Argos storecard for arrears of thirty nine pounds on her account. The letter came on the fourth of July and the outstanding amount was paid immediately. We then found out that the account had already been passed to moorcroft. She then had to contact them, where they basically bullied her into agreeing to pay £200 per month for a total outstanding of around £900. They told her that this was the minimum she could pay or baliffs would come round. First of all how can Argos pass her account before the 14 days period for payment, and how can moorcroft demand money we cannot afford to pay it back. I have wrote to Argos to get my account returned to them as I have complied with their default letter. I have yet to receive a reply. The first payment is due today. What can we do. Please help

[BRIGADIER2JCS]

Hi Welcome to CAG, How was the payment made debit card, if so

get a charge back done by your bank, payment under duress is a nono.

Was the £39 one missed payment?

AS to the threat of bailiffs it is totally wrong there has to be a County

Court Claim Made, judgement given against you and failure to comply

with the judgement before baliff action can be even considered.

 

They are really out of order on all counts.

 

A formal compaint to the Compliance Manager at Moorcroft asap.

Do not I suggest make any payments and DO NOT SPEAK TO THEM

ON THE PHONE deal with this in writting only.

 

If you need any help with the letter I can draft one to suit.

[hezcal11]

Thanks for the reply, Yes the payment was made by debit card to Argos as part of the default letter and yes this was one missed payment. What happens though if we do not pay moorcroft when today is the payment date. This is causing a lot of stress.

[BRIGADIER2JCS]

We can fight this on payments being forced by unlawful threats

ie Bailiff action when no CCJ has be made, Moorcroft are notorious

for this kind of action.

 

I'll put a letter together for you all you will need to do is fill in dates

reference numbers and personal details.

 

I'll do it asap.

[hezcal11]

Thanks that would be a great help

[BRIGADIER2JCS]

For thec Personal attention

of Paula Huddart

Compliance Mnager

Moorcroft Debt Recovery Ltd.

 

 

Ref: xxxxxxxxx

 

Formal Complaint re; Payment Under Duress/ Letter Before Action.

Argos Account.

 

Dear Ms. Huddart,

 

I have become most distressed about the conduct of members of the staff

of Moorcroft on xxxxx I was contacted by a member of staff regarding an Argos

Card account which has been passed to Moorcroft prior to the date for remedy

of a default notice received on xxxxxxx, the outstanding amount of £39.00 was

paid to Argos immediately, I then learned that the account was already in the hands

of Moorcroft for recovery and that I must contact Moorcroft.

 

I then contacted Moorcroft and the threatening manner of you telephone

operative caused me a great deal of distress as this person demanded that

I must pay £ 200.00 immediately as this was the minimum amount acceptable'

otherwise baliffs ''would come round' I was so frightened and intimidated by

this most unprofession person that I agreed to make the payment under great

duress and I was also bullied into agreeing to pay £200.00 per month to clear

the account.

 

Having taken advice on this I am asking my bank to make a charge back for the

£200.00 already made under duress and will cancel any further payments to

Moorcroft.

 

I do not acknowledge any debt to Moorcroft for the following reasons:

1.The account was passed to Moorcroft before the 14 days to remedy the

default had expired.

2.The default was immediately remedied on receipt of the default notice.

3. I have not received a notice of assignment of the debt to Moorcroft.

4. Moorcroft have acted in breach of a number of sections of the OFT

Guidance on Debt Collection 2003/2011.

(A) Section 3.1 Unfair or Improper Business Practices.

False representation of authority and or legal position, as evidenced above.

Deceptive and or unfair methods as evidenced above.

(B)Section 3.2,Communication ''It is unfair to communicat with debtors, IN

What Ever Form in an unclear, inaccurate misleading way, as evidenced by

the ''threat of bailiff involvement'' .

© In reference to (B) above Section 3.5 (b) Falsely implying or STATING

thay action can or will be taken when legally it cannot (bailiff action without CCJ)

(D) Section 3.5 ©. Falsely implying or stating that a particular course of action WILL

ensue before it is possible to know whether such action would be permissible.

(E) Section 3.7 (g) Failing to inform the debor when responsibility for recovery of a debt

and or the legal right to recover a debt has been transferred to a named third party.

(Relates to Moorcroft and Argos).

 

I know expect Moorcroft to answer fully all the complaints made here and to cease

ALL collection activity immediately.

 

Having researched the unenviable reputation of Moorcroft Debt Recovery Ltd., denials

of the conduct laid out above will be treated as highly suspicious.

 

Further more a copy of this letter is being sent to the OFT immediately and

I will be making comment on Moorcrofts fitness to hold a consumer credit licence.

 

If you can get this out recorded delivery addressed for Paula Huddarts personal attention.

[hezcal11]

Thanks for taking the time to write that, but what will happen if I don't pay today?

[BRIGADIER2JCS]

Thanks for taking the time to write that, but what will happen if I don't pay today?

 

I think you have already missed the deadline they usually mean the payment

should reach Them by the date specified.

Don't worry about them they are the ones in the wrong, thats why

a queried there right to collect the debt.

I suggest you send a copy of the letter to ARGOS as well they are also

in the wrong.