CCJ debt sent to Moorcroft

[davehsug]

My partner has a credit card debt which has a CCJ against it. He pays Moorcrap £120 per month.

 

Just recently he has started to receive calls from them, pressing him to increase the payments due to the amount of time it will take to pay off.

 

I have told him not to worry as there's nothing they can do as long as he is complying with the CCJ.

 

However, the calls are becoming really annoying.

Is there a letter worth sending to them?

[cerberusalert]

If your friend is making payments as ordered by the court Moorcroft cannot alter it.

 

Make a complaint to your local trading standards via consumer direct & the OFT with regards to their harassment, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

debtcollectionguidance@oft.gsi.gov.uk

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

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

[Fred Bassett]

My partner has a credit card debt which has a CCJ against it. He pays moorcroft £120 per month. Just recently he has started to receive calls from them, pressing him to increase the payments due to the amount of time it will take to pay off.

I have told him not to worry as there's nothing they can do as long as he is complying with the CCJ. However, the calls are becoming really annoying.

Is there a letter worth sending to them?

 

Just write and tell them that you will only deal with the matter in writing. Send it recorded so that you have proof. I think there is a standard letter somewhere - have a look in the templates section.

 

Regards.

 

Fred

[cerberusalert]

If he is having difficulties with his present payments he could apply to the court for a 'variation order' . (I think it's £35).

 

See; ø N245 form ø

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n245_0204.pdf

[cerberusalert]

Dear Sirs

 

I am writing in relation 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 The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence 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 Section 40 of the Administration of Justice Act 1970, 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 all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. 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.

 

 

Yours faithfully,

Print name do not sign

[davehsug]

Thanks for the advice all. I'll make sure it's followed

[davehsug]

My partner has had a debt with Lloyds under a CCJ.

 

 

He has paid it for many years & it is now 8 months from being cleared.

 

 

He's just received a letter from Lloyds saying the debt has now transferred to Moorcroft.

 

 

The problem is that he has been on benefits for the past 2 years due to severe health issues and will not be able to work again.

 

 

There is another Lloyds debt, which was with Moorcroft from the start, and not subject to a CCJ.

 

 

Due to his small income, he has been paying only £5 per month on this debt, since having to go on to benefits.

 

 

We did not want to go to court to apply to have the payments (over £120 per month), on the other debt reduced, as it was so close to the end & I am in a position to help maintain the payments.

 

He is now concerned that Moorcroft will see that payments on one debt have been maintained (albeit not exclusively by him), and will demand that similar payments are made on the other debt, which is still quite substantial.

 

I would hope that reply is that I am not obliged to continue helping & if they want more for the other debt, they can take him to court, where his income will be shown to only be able to support the £5.

 

Does anybody have any thoughts or advice please?

[dx100uk]

Moorcroft don't buy debts so why are you paying them?

 

 

who are moorcrofts clients?

 

 

dx

[AndyOrch]

Thread moved to Financial Legal Issues

[davehsug]

There were 2 both Lloyds/TSB. One was sent for a CCJ, which stayed with Lloyds until now, the other was transferred to Moorcroft almost immediately, many years ago.

[dx100uk]

Is this

http://www.consumeractiongroup.co.uk/forum/showthread.php?453741-Reducing-payments-under-a-CCJ-amp-bank-balance

[AndyOrch]

Maintain payment of the judgment Debt( CCJ) if you can afford it...continue to pay £5 or less for the other...nothing they can do...Moorcroft dont do court.

 

Andy

[dx100uk]

There were 2 both Lloyds/TSB. One was sent for a CCJ, which stayed with Lloyds until now, the other was transferred to Moorcroft almost immediately, many years ago.

 

So moorcrofts client on both is Lloyd's?

 

Have you sent a CCA request for the non CCJ one?

[dx100uk]

Just for ref the move to moorcroft is simply a letter lots of people have gotten from Lloyd's safe to ignore. You continue to pay whom you were not moorcroft

[davehsug]

Just for ref the move to moorcroft is simply a letter lots of people have gotten from Lloyd's safe to ignore. You continue to pay whom you were not moorcroft

Is this correct? It really is a palaver swapping over the payments. It was Lloyds who sent the initial letter, telling him to stop paying them & wait to hear fro Moorcroft, which of course we have.

[dx100uk]

Ignore moorcroft

And on the ccj one

You should be paying the claimant...who was?

[renegadeimp]

Ignore Lloyd's. Ignore Moor Croft. The judge told you to pay Lloyd's. You pay Lloyd's. Lloyd's just can't be bothered with the admin work. Tough. The judge said they have to deal with it, so they have to.

[davehsug]

emails sent off, backed up with letters, telling Moorcroft that payments will continue to be made to Lloyds & they should back off.

 

 

They're now calling at various times of the day, ranging from 8am to 9pm.

 

 

Can we stop them?

[dx100uk]

yes as you were told

IGNORE THEM..

 

 

but no you've now invited more pointless tennis with them...

[renegadeimp]

If moorcroft keep calling, make a time and date record of their calls, write to them and reference harrison vs link. If they dont stop, start small claims action against them, and get the FCA involved.

[davehsug]

Yes, I guess you may be right dx, it's not as though the required payments are not being made. Thanks too renegade, if the calls persist, will look into it. I think ignoring for now is the way to go though.