Me and moorcroft

[russb87]

Hi all.

 

I have had a few letters from moorcroft about a debt to t-mobile, yes im in debt, ok, and i want to pay it back, I arranged to pay £75 a month, a couple of months ago, paid one month, then couldnt afford the next, because of xmas and such. Now would it be possible to delay the next payment for a month or 2, whilst I pay my family the debts i owe them, I will be able to pay them within a month i think, But need to keep moorcroft off my back, I have read threads that say, look at the sticky, but i cant find no sticky, so can anyone give me a link?

 

Thanks

 

Russ

[lookinforinfo]

Welcome to the forum Russ. It is not necessary to do the recovering alcoholic

type speech -most of us here are or have been in debt too.

When you make arrangements to pay these guys you have to resist their

attempts to squeeze as much as possible out of you each month.So only pay an amount that you know you can afford despite whatever other calls may be made on your finances, like Christmas. It doesn't look good if they take you to Court and your repayment plan has fallen at the first hurdle.

That being said, before you pay them anything, it is advisable to ensure

that they do have the right to collect the debt.

 

Send them a CCA request first asking them for a copy of your original contract. I know that T-mobile say they are not governed by the Consumer

Credit Act, but you sure have run up some credit with them. In any event,

this request will halt any collection attempts by Moorcroft until it is settled

whether you receive a copy of the contract or not. If the answer is no they

will not send you a copy, then you will have to send an S.A.R - (Subject Access Request) to T-mobile.

This should be the means to get all the documentation. You can tell Moorcroft

that you are disputing the amount of the debt with T-mobile, and the dispute will remain in force until T-mobile comply with your request. [This could be

for a month at least]. You should also receive documents relating to correspondence between T-mobile and Moorcroft so you can confirm that

they can collect on their behalf. You should also get details of any charges that T-mobile have added to your account. Some of these charges may be unlawful and you can get them removed from the debt [eventually].You should

learn from their documents how much the debt is with T-mobile and check

that Moorcroft haven't added their own as well.

 

This should give you the breathing space you need to get your payment

plan back on track. But if it is stretching you, when the time gets closer to restarting the payments, wtite to Moorcroft to negotiate a more

handleable figure.

To get the S.A.R - (Subject Access Request) you will finid that in the FAQ section on the first page of the

forum. It is important to read this anyway to understand your rights when

dealing with companies who are chasing you for debts and sending in debt

collectors. There is no reason to pay more than legally required.

 

The CCA request is located in the top part of the "General " section of the debts section. After the legal threads, there are a succession of threads

that begin with the word "sticky" and the last one contains a series of

template letters bt Barracad, one of which is the one you want.

[janzer]

hello there

 

Just wondered if anyone could help with regards to Moorcroft - my elderly Mother had a call last week from Moorcroft with regards to an outstanding debt of around £1100.00 with a mail order catalogue - they quoted an address which my mother had no knowledge of, and an account which she has no knowledge of - they had the right name but the wrong address, and when I rung them they would not tell me how they had got my mothers home tel. no - this was really puzzling - I rung the mail order firm to check any accounts at my mothers address and there was nothing.

I have since sent Moorcroft proof of my mother having been at her address for many years. As yet they have not responded but my mother is in a "bit of a state". Would really appreciate any advice with this - it is obvious that someone has used her name but not her address to get goods.

 

Many thanks

[Spidee9]

Send Morcroft £1 statutory fee and ask for copy of original credit agreement. This will put things in dispute and tell them you ain't paying till they supply this. If they do not supply this take em to court no agreement no debt and check your credit rating to see what they have done to it. Good luck.

[PriorityOne]

Firstly, do not discuss any personal business over the 'phone. Chances are, you will be told any old rubbush that suits Moorcroft at the time.... which they will be very reluctant to put into print.

 

If your mother is sure that she has not had any catalogue debt, you could ignore it. However, as it is obviously worrying the both of you, my advice would be to send a CCA (Consumer Credit Act, 1974) request, enclosing a cheque for £1 (fee). Make sure that you keep the sentence "I do not acknowledge any debt to your company". Send it by Recorded Delivery and wait. They have 12 days from the date of signature to comply with your request... after that time the debt is unenforceable without going to court. A CCA will include both signatures; your mother's and the original creditor. If they cannot produce a CCA (because they don't have one !), then they cannot make your mother pay a thing.

 

The reason why it is important to say "I do not acknowledge any debt to your company" is because if your mother did have a debt and it is over 6 years old, it will be statute barred unless she acknowledges it in writing. Acknowledging a debt after this time re-starts the 6 year clock for collecting on it !

 

The CCA letter is in the Bank Templates section... Letter N, I think.