- Mon May 21, 2007 3:08 am
will stoop to the lowest levels they can in order to get you to pay up. But they don't scare me. This is why their letters include the statement in red letters: Pre-Court Division
which is designed to make you think
the letter has come from a Court, when it has not
. This is totally illegal under the terms of The Administration of Justice Act 1970 Section 40
The Administration of Justice Act 1970 Section 40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation, because of their frequency or publicity or manner". Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not, for example, a Court Official or a Baliff. It is also an offence to send a person a document which looks like it has been sent from a court. (Which Moorcroft's letters clearly do look like).
If you write to Moorcroft, or email them the above, they suddenly dissapear. And you will not hear nothing more from them. Bully Boy Companies like Moorcroft rely on the Debtors ignorance of the Law in order to get you to pay up, but as soon as you start quoting Consumer Legislation and your Legal Rights to them they fall apart at the seams and will stop harrassing you. (That in itself is illegal)
When a Debt Collector sends you a letter stating they have taken over administration of your account, they often do not include any details other than the name of the Company they are working for, and the amount they claim you owe. These letters are in fact illegal, as they MUST include:
FULL details of the alledged Debt.
Details of the 'Goods' and/or 'Services' you were provided with.
HOW the amount they claim you owe them was arrived at.
A Statement of Account.
Copies of any and all Signed Agreements from your original
A copy of the 'Deed of Assignment'.
So that is already THREE 'Illegal' points you can throw at them:
(2) Sending letters that apear to have originated from a Court
(3) Failing to provide a Statement of Account and failing to provide Full Details of the alledged debt
In addition to making these requests of Moorcroft, write to them and tell them this:
To Whom It May Concern
I do not acknowledge ANY debt to your company.
I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true signed copy of the alleged Agreement you refer to. This is my right under your obligation to supply a copy of the Agreement under the legislation contained within Section.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a fully itmemised Statement of Account.
2. You must supply me with a signed true copy of the Deed of Assignment of the above referenced Agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original Creditor or not under Section 189 of the Consumer Credit Act 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant Statutory Authorities.
As you are aware, a 'Credit Agreement' that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.
Your License to operate as a Debt Collection Agency could be revoked if you fail to adhere to my requests and I take Legal Action against you.
Take note at this stage, that any legal action you may contemplate taking against me will be both vigorously defended and contested.
If the letter does not include the above documentation, write back to them or email them and tell them you have no intentions of paying them a single penny until they can provide you with the above Documents. Give them 14 Working Days in which to do this:
"Therefore if I am not in reciept of the above documentation by no later than 12.00 noon on (insert date which needs to be 14 working days from the date of your letter or email) I shall consider this matter closed herewith. Any further documentation sent to me after this date will be forwarded onto my Solicitor to deal with"
Tell them that until they can provide you with this documentation, they are NOT
allowed to take any "Further Action" (which they may have threatened to do in their letter)
against you, as if they do, they will be commiting a Criminal Offence.
"If you fail to provide me with the above documentation by this date, but continue to send me further demands for payment, you will be commiting a crimminal offence, and I shall not hestitate to inform the appropriate Statutory Authorities, including my own Solicitor"
I've had many dealings with the moronic idiotic imbociles who work for Moorcroft
, but I just play them at their own game, even to the point of sending them my OWN Invoice charging them £12.00 per day EVERY day for my time in dealing with them, and I do this until they write to advise that they are no longer dealing with the matter, and that they have passed your account back to their 'Client', your 'Creditor'. (They will not do that incidentally, as they have a strange policy of not putting anything like that in writing. You will simply not hear from them anymore.)
I then tell them they have 14 Working Days days from the date of my letter to pay up, or I will pass their details onto a PROFESSIONAL Debt Collection Agency to pursue the matter. (Strange as it may seem, but I get a great deal of pleasure from doing that )
You can em@il Moorcroft: firstname.lastname@example.org
: A Debt Collection Agency has NO additional powers in which to recover the debt other than the same
powers as the ORIGINAL Creditor. And by being in pocession of your Personal Details WITHOUT
your consent, they could
in fact be in breach of The Data Protection Act
. Throw that one in their face as well for good measure!!
If the letter states that you must phone such an such a number, and this number is prefixed with 0845
, or 0870
, or something similar, (Moorcroft's is 0161
), email them first and state you will ONLY
contact them by telephone IF
they provide you with their FREEPHONE
Number. (I'm sorry I don't have Moorcrofts to hand now)
, trust me they DO have one, and INSIST that that is the ONLY way you will call them as you cannot afford to call expensive 0870 (or whatever
) numbers. Also, IF you DO telephone them, RECORD the call (thats quite easy to do if your handset has a loudspeaker facility
), but remember to advise them at the start of the call that you will be recording the conversation. Depending on which 'Moorcroft Moron'
you get to speak to, they will either: (a) Agree, (b) not agree, in which case advise them that in that case, you cannot continue with the call, and hang up, or (c) they will hang up on you. IF they do hang up on you, make sure you make a note of the time and date they terminated your call.
: Do not
be tempted to raise your voice, swear or shout at whoever you are speaking to as they will probably hang up on you, and by doing so you are only stooping to their level. Keep calm, and talk with an air of authority which implies you know what you are talking about. (even if you don't
). As I assure you the imbeciles at Moorcroft do not.....they have no idea of the Law.
Incidentally, if you DO
telephone and you ask to speak to A.J.Martin (Debt Recovery Manager) (the person whose signature appears on all letters sent by Moorcroft)
, you will be told that "he is in a Meeting"
He appears to ALWAYS be "in a meeting"
You could also invite them to send your Account back to their 'Client
', to whom you will be happy to deal with as you are not obliged to deal with a 'Third Party' (I'm not sure if that is actually correct, but what have you to lose)
Of course your original Creditor will not want to deal with you anymore as in as far as they are concerned, they have 'sold' your Debt on, and as such they are no longer interested in you. But that is not your problem.
And finally, unless your Debt is to your local Council for arrears of Council Tax, or you are behind with payments on your TV License, both of which you could end up in prision for, it is NOT an offence to owe money, and most Debts fall into the catagory of 'NON-PRIORITY', which means that Debt Collecters actually have very LITTLE power in which to recover a debt. They will make you think
they have more though by using certain tactics, (like sending out letters that state: 'Pre-Court Division'
), to try and get you to pay up, many of these tactics are actually illegal......so don't worry.....just treat them like they treat you, and they go away.
PS: Remember to take photo-copies of ALL Written Correspondence you send.
Do Not Let Debt Collectors Get You Down. It Is NOT a Criminal Offence To Owe Money (except Council Tax & Tv License) Just Give Them As Good (or bad) As They Give You. Information & Advise given in my posts is based on personal experience and should not be taken as the norm. Each Case is different.