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Wends and Moorcroft

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  • Wends and Moorcroft

    so, we owed O2 after falling into arrears when OH bought a laptop. Moorcroft got on the case and added a ridiculous amount of charges, I got on to O2 and they instructed Moorcroft just to chase the baance outstanding and no extras. Paid by payment card but kept forgetting to pay so last year set up a DD for £40 per month, which has always been paid, never missed. Balance is now £257. Moorcroft have always been very nice and helpful when I've spoken to them in the past.

    Anyway, this month I knew the bank would bounce the DD as we had no money in the account, so I stopped it rather than get it bounced and get charged. Today receive a letter from Moorcroft advising DD cancelled and asking to call to make arrangements to pay. Fair enough, I thought, so I rang to set up the DD again from end of April, telling them I'd accidentally cancelled it instead of cancelling another one. The bloke I spoke to was a complete ass hole. Told me no way could I set up the DD again, account was in default, O2 were saying we had to pay in full or else. Asked if I could not use a credit card to pay in full. Also had the nerve to ask what had I done with the money that was in the bank which should have been used to pay the DD I'd accidentally cancelled. I pointed out that I couldn't make any payment today as we have no money, but am willing to set up the DD again from 27th, which is when our salary is paid. But no go, says he can't put a hold on for that long, and that a Default Notice has been issued yesterday, and "very serious legal consequences" would follow if I didn't pay up now. I had to stop myself from laughing out loud at this point......

    At this point I asked, quite specifically, if Moorcroft owned the debt, or were just collecting on behalf of O2. He says no, they don't own it, they're just collecting. I asked, specifically, if the debt had been formally assigned to Moorcroft. Again, the answer was no.

    I reminded him of OFT 664, undue pressure on debtors etc, encouraging more debt by advising payment by Credit Card. At which point he told me that I should realise this call was being recorded...to which I answered " Good, it will make life so much simpler when you take me to court won't it". I also pointed out that as far as I was aware, if they didn't own the debt they couldn't legally issue a default - BUT AM I RIGHT? Or can they?

    He put the phone down on me then, so that was the end of that.

    So what next?

    I'm not trying to avoid it, and am perfectly willing to pay, by DD, from the end of the month.
    Was thinking of writing to them outlining the shortcomings in their interpretation of DCA Guidelines, not to mention complete assholeness of said employee, and also writing to O2 as well.

    Suggestions please. Sorry for the length of this post, hope you've got to the end without losing the will to live
    Last edited by WendyB; 7th April 2011, 22:32:PM.
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  • #2
    Re: Wends and Moorcroft

    Send a letter to them recorded delivery as you have suggested yourself, as you are not avoiding the issue, also report the utter rudeness of the said individual, is what I would suggest.

    Outline the incident as you have above, and re-request the set up of the Direct Debit.
    Last edited by MIKE770; 7th April 2011, 22:25:PM. Reason: o

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    • #3
      Re: Wends and Moorcroft

      Moorcroft are twats. For their cheek I would pay them £1 a month and tell them that is all you can afford. Don't speak to them on the phone again - insist everything is in writing - and if they call again don't give them your security details. You are in charge of what you pay and when you pay it - they have no authority whatsoever.

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      • #4
        Re: Wends and Moorcroft

        Thanks. I am quite willing to pay, and will continue to pay at the same amount I was paying, until it gets paid off. Only 6 more months to go, and this is our last outstanding debt anyway.

        I always insist everything is in writing but tbh it was just going to be a quick easy phonecall to set up the DD again. They won't be bullying me into paying anything I don't want to pay, and I am quite confident in calling them, in fact sometimes a phone call can be quite amusing, as long as you are confident enough to make the call,know what you are talking about and don't get bullied.

        Still need to know for definite though, can they actually issue a default?
        Is no longer here

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        • #5
          Re: Wends and Moorcroft

          If Moorcroft do not own the debt, then they are not the data controller.
          Therefore, they cannot register a default with the CRA's.

          Furthermore, only "the Creditor" can issue a Default Notice under S87.

          You may find the following of benefit:
          http://www.ico.gov.uk/~/media/docume..._V3%20DOC.ashx

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          • #6
            Re: Wends and Moorcroft

            I've just sent them a very strong letter via the email facility on their website re-iterating my offer to set up the DD again, and complaining about the twat I spoke to yesterday. Quoted a few relevant bits from OFT 664 as well, for good measure. I'll cross the next bridge when I get to it. Apparently, a letter has been sent on 6th April, this will be followed by an escalation letter on 14th, from their debt recovery department. makes me laugh that a DCA has a debt recovery dept, obviously they can't be very good at debt recovery if they need their own debt recovery dept within the debt recovery firm lol. By the time that gets here it will be nearly payday and I will probably be able to pay them a few quid and set the DD up again.
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            • #7
              Re: Wends and Moorcroft

              NEVER EVER pay a DCA by direct debit - they can take what they want that way, standing order always only!

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              • #8
                Re: Wends and Moorcroft

                well not if I've cancelled the direct debit, they can't. Which I have.
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                • #9
                  Re: Wends and Moorcroft

                  Don't you just love it when a plan falls into place
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                  • #10
                    Re: Wends and Moorcroft

                    You sorted?

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                    • #11
                      Re: Wends and Moorcroft

                      From an email received from them today:

                      We would thank you for bringing to our attention the OFT debt recovery guidelines and I would confirm that all our policies and procedures are designed specifically with this guidance in kind.* We would reassure you that we are happy to consider payment proposals that an account holder believes they can afford and maintain supported by the appropriate supporting financial evidence.
                      With regards to your payments we have noted your comments that the existing Direct Debit was inadvertently cancelled, and your request that this payment method be reinstated from the 27th April 2011.* Please be reassured that we are happy to assist you in this regard.* However, due to the upcoming bank holidays we would advise the next payment would be delayed until the 3rd May 2011.* Payments would then continue as requested from the 27th May 2011 and on the 27th of each month following
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                      • #12
                        Re: Wends and Moorcroft

                        Compliance again.

                        These firms, are well aware of the consequence re: non compliance!

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                        • #13
                          Re: Wends and Moorcroft

                          Well I really don't care what they are like, I've got what I wanted and put them back in their place so that's what I call a result
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                          • #14
                            Re: Wends and Moorcroft

                            Originally posted by WendyB View Post
                            Well I really don't care what they are like...
                            But, other general consumers do care.

                            "Compliance" is the Keyword!

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                            • #15
                              Re: Wends and Moorcroft

                              Yes I know it is - and they have complied with what I wanted, so all's well
                              Is no longer here

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