advice on Amex / Moorcroft

[simmsy77]

Hi Guys

 

looking for some advice.

 

i've recently been contacted via a doorstep visit by Moorcroft chasing a credit card debt of £2600 (Amex) which i stopped paying about 15 months ago.

 

In all fairness he was polite and non-pushy and just asked me to fill a direct debit form in and leave out for him to collect at a later date.

 

I didn't do this as was under the impression that it would be unwise to do direct debit and should offer a standing order instead.

 

He has now chased me by phone insiting that it must be a direct debit form as they don't accept standing order,

the only other option is that i call him every month and make a payment over the phone.

 

I've asked him to get a breakdown of the account showing charges, interest and any PPI as the statements i have just show the total balance due.

He has said they can't obtain this.

 

Now earlier on tonight i had a phonecall from him telling me he was on his way round as he had been instructed to visit me urgently to reslove.

 

I wasn't in at the time but just wondered what my next action should be ?

 

Should i request a CCA / SAR from Amex or offer very low payments ?

I'm not really in a financial position to commit to anything at the moment

 

 

Any advice would be very much appreciated

 

many thanks

[citizenB]

You are entitled to a statement of account showing how they have come to the amount they are claiming - if htere are charges and or PPI then the statement should show those as well.

 

They actually have no right to visit you without your permission.. !

 

It might be in your interest to make a request for a copy of the agreement under the CCA1974 Act. This will cost you £1.00.

 

They are required to comply within 12 working days + 2 for posting and they should provide..

 

Copy or reconstruction of the agreement.

terms and conditions from inception, and at default.

Statement of account.

 

Hope this helps.

[citizenB]

BTW, if there are any charges, you can reclaim them and if there is PPI then you might want to consider if it was mis sold or not.

[ims21]

Ok so absolutely NO direct Debit. If you are going to pay anything do it by your on-line banking.

 

Who owns the debt? If you are unsure then check your credit file to see who's name is against it. If it still Amex then pay them and drop Moorcroft from the equation.

 

You do not have to deal at all with a doorstepper and if you must talk to him again then tell him you will not deal with him.

 

Get a SAR off to Amex to see what charges have been levied on the account which you should claim back.

 

If this guy turns up on your doorstep, tell him politely to get lost.

 

There is also a doorstepper letter in the CAG library.

[ims21]

I am NOT stalking you CB

[citizenB]

[zydeco]

In all fairness he was polite and non-pushy and just asked me to fill a direct debit form in and leave out for him to collect at a later date.

I started replying to this thread by copying quotes, then realised that I'd have to quote the whole post.

 

He's a doorstep collector, he has NO authority whatsoever .

He works on commission

If you don't pay him. he doesn't get paid.

do what ims21 says.

[simmsy77]

You are entitled to a statement of account showing how they have come to the amount they are claiming - if htere are charges and or PPI then the statement should show those as well.

 

They actually have no right to visit you without your permission.. !

 

It might be in your interest to make a request for a copy of the agreement under the CCA1974 Act. This will cost you £1.00.

 

They are required to comply within 12 working days + 2 for posting and they should provide..

 

Copy or reconstruction of the agreement.

terms and conditions from inception, and at default.

Statement of account.

 

Hope this helps.

 

thanks CB, I'll get a CCA off asap. Am i right in thinking i should send this to Amex as they still own the debt ?

[simmsy77]

Ok so absolutely NO direct Debit. If you are going to pay anything do it by your on-line banking.

 

Who owns the debt? If you are unsure then check your credit file to see who's name is against it. If it still Amex then pay them and drop Moorcroft from the equation.

 

You do not have to deal at all with a doorstepper and if you must talk to him again then tell him you will not deal with him.

 

Get a SAR off to Amex to see what charges have been levied on the account which you should claim back.

 

If this guy turns up on your doorstep, tell him politely to get lost.

 

There is also a doorstepper letter in the CAG library.

 

thanks for your response, Amex still own the debt so don't really know why Moorcroft are chasing and insist that i pay them and not Amex. SAR will be sent asap to Amex, if there is charges and PPI how would i got about reclaiming these (what would be my first step ?) appreciate tge quick responses and have put my mind at rest

[simmsy77]

I started replying to this thread by copying quotes, then realised that I'd have to quote the whole post.

 

He's a doorstep collector, he has NO authority whatsoever .

He works on commission

If you don't pay him. he doesn't get paid.

do what ims21 says.

 

thanks alot, well he won't be getting paid from me

[ims21]

Ok so Amex have simply contracted Moorcroft to collect on their behalf and you don't have to deal with Moorcroft.

 

If you are going to make payments then make them to Amex direct as I said.

 

As Zydeco says, the doorstepper is on commission so do not engage with him. That way you will deprive him of his commission and thus lessen his income to drive around inflicting himself on others. By not deling with Moorcroft you deprive them of their fee. Both of these things are good.

 

When you get your SAR data back you will be able to see what charges and/or PPI have been levied on the account.

 

For charges you would complete a spreadsheet which we can give you and you would then submit a claim by letter to Amex to have them reversed and any associated interest charged as a result of them. They will refuse but we cross those bridges when we come to them.

 

For any mis-sold PPI you would complete another spreadsheet and a fos consumer questionnaire (available from the fos website) and submit both the Amex.

 

SAR first and then see what data comes back.

 

In the meantime have a read around the bank forum and the PPi forums to get an idea of what is involved in reclaiming this stuff.

[smouk]

When did you take out the (alleged) agreement?

Are Moorcroft the first DCA to contact you?

Do you have documentation from Amex re: Default, cancellation and notification to CRAs?

[citizenB]

thanks CB, I'll get a CCA off asap. Am i right in thinking i should send this to Amex as they still own the debt ?

 

Yes, the CCA request goes to the original creditor.

 

thanks for your response, Amex still own the debt so don't really know why Moorcroft are chasing and insist that i pay them and not Amex. SAR will be sent asap to Amex, if there is charges and PPI how would i got about reclaiming these (what would be my first step ?) appreciate tge quick responses and have put my mind at rest

 

 

Aha.. so if Amex still own the debt and you have had no notice of assignment.. then it might be a neat idea to put Moorcroft on the spot.. as it is fairly obvious they are only acting as collection agents and they are exceeding their authority..

 

Amend where necessary, the letter I have attached below.. and send it to Moorcroft, at the very least obtain a free proof of posting.. but if you can afford it.. send it recorded delivery..

 

 

Draft request for assignment - Amended Draft.doc

 

I am attaching a pdf as well just in case you cant open the word document..

 

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