I'm Drowning in Debt - Please Help ?

[fairydee]

Thank you for your advice. I did actually send them a letter with a budget on the 13th December 2006 explaining that I could not afford to pay them £50 a month which we did actually discuss on the phone as I was scared what could happen if I didn't agree to something.

 

Anyway I sent them the letter explaining that I could not afford the £50.00 and sent them £5.00 as a goodwill gesture.

 

I then received a notice of intended litigation on the 21st December 2006 and responded by sending them a 'I do not acknowledge any debt to you company' which was dated 23rd December, I have a proof of postage and the postal order reference.

 

Then they sent a statement of account which doesn't say much, I had originally been sending the £1 a month but missed September and October as I was going through a separation and a lot of things got forgotten.

 

The next step was receiving the letter from them dated 04/01/07.

 

So I think maybe I should sit down and write to them tommorrow morning and taking your advice above.

 

I will see what happens then and take it from there, do you think this is the right course of action?

 

Many thanks

*Fairy*

[dollies01]

quote: 1. You must supply me with a true copy of the alleged agreement you refer to.

 

which has not been received, only the statement.

 

Suggesting imho that they HAVE recieved the cca request.

The letter is full of "May"'s and "Could", they are scare tactics, in the hopes you will buckle!

I think a simple letter saying that you have issued them with a cca request and will not be entering into any more discussion until such times

as they have fulfilled your request should suffice. Send it by recorded delivery, first class, it will cost less than special delivery and still get there the next working day.

Don't take phone calls from them and don't let them badger you into making payments until this is resolved.

[maxibon]

by the way the 'pre court division' is the same part of moorcroft just renamed to scare you!!!

 

Idiots aren't they!

[fairydee]

Ok Thank's for your help, and going to sit down and write to them again and send it off tommorrow, first thing!

 

Many thanks.

 

Will update you all on the situation!

[shoegirl35b]

Don't worry Fairy Moorcroft have been threatening me with court action for nearly 3 years now and guess what? it is all talk! I am with Payplan a non profit organisation that liase with your creditors on your behalf. They worked out a budget for me then offered what was left(not much) to they people i owed money to (over 18k) they all accepted as little as £2 in some cases, and I have nearly paid off 3k! So still along way to go but I now know all the tricks these debt collection agencies use, the threats of home visits that never happen ,the court summons that never happen! They are trying to scare you into paying more than you can afford because they are getting paid to chase you! As long as you pay them something they rarely take it to court in my experience. I totally recommend Free Debt Management company | Payplan they are very busy but worth contacting as they will deal with all the nasty letters for you.

DONT PANIC I HAVE BEEN THERE AND STILL HAVE NO COURT JUDGEMENTS AFTER NEARLY FIVE YEARS ITS TOTAL SCARE TACTICS IN MY OPINION.

[Laiste]

Hi Fairydee,

 

Personally I wouldn't pay them anything until they proved that the debt exists, by providing the agreement. You wouldn't just give your money to anyone, just because they asked for it! So, make them prove that there is a contract.

 

My own personal experience of this company, is that they make idle threats. I have received letters from them over a 10mnth period, threats of court, blah, blah, nothing has happened! I send them stroppy letters and then they go quiet for a month or two. Really, don't worry about things, life passes you by when you spend it worrying about consequences that invariably do not materialise. To put your mind at ease, hopefully, this company have been involved in pursuing a debt from me for 10mnths. It hasn't been paid at all, not a penny for one whole year and the amount is very substantial. If the period of time and the amount owing hasn't spurred them into legal action, in my opinion nothing will!

 

You'll find all you need here for your quest! Just don't panic and when your resolve is slipping, seek support and advice here!

 

Best of Luck!

 

Laiste.

[fairydee]

Hiya all,

 

Just to let you know I still haven't heard anything as yet but will let you know as soon as I do, thanks so much for all your support I really feel as though I am not on my own!

 

*Fairy*

[Yyates]

Farydee, may i suggest that even though this is an excellent forum for support you may find posting on the debt free board at MoneySavingExpert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more an extra help for you and also a great place for support.

 

Don't let moorcroft wind you down, their goal is to panic people into paying up whether they can or cannot afford it. Basically they don't care whether you can afford to feed your children or not. Don't send them any money if you feel the debt is in dispute. Another thing, is the debt in your sole name or is it in joint name with your ex partner? if so he is liable for this debt and any others also, not just you.

[tamadus]

By my quick mental calculations they are now in default over the CCA request.

 

Lots of excellent advice Fairydee, but I would now sit down quietly and work out your budget sheet, account for all the neccessary expenses FIRST. These are Mortgage/rent, gas/electricity, phone, clothing, food, insurances etc. Whatever is left over after you have allowed for the cost of living should be split on a pro-rata basis amongst all your remaining creditors. This is exactly how somebody like CCCS would do it.

 

Now back to the bunch at Moorcroft. Owing to their default status they cannot enforce this without a court order, so I would write back to them stating that until such time as they supply the documents you have requested in your CCA request that you are suspending all payments. If they do start court action you can simply advise the court that they are in default under sections 77-79 of the CCA.

 

I doubt they will start anything as by even writing demanding payment they have just committed another offence.

 

Please keep us informed

[dollies01]

Hiya Tamadus

Allowing for all the bank holidays lately I reckon Moorcroft have until friday the 12th.........thats if the mail were up to date christmas weekend.

So the debt is unenforceable after the 12th Feb

Innit?!

[tamadus]

Yep your right Dollies, what can I say it's been a long week

 

[fairydee]

Hi No reply as yet from Moorcroft ! I used to pay them £1 a month but forgot a couple of payment when me and my husband separated (I was under a lot of stress at the time) then they sent me the original letter, as in my first posting, this debt is for an overdraft going back years!

 

I haven't paid them anything and won't do so unless they reply to my letter.

 

Ive got a similar problem with Crystal Collections over car payment but am gradually working through that one. As soon as I hear anything I will let you know.

 

Thanks for the support

x Dee x