Moorcroft and Westcott

[xdj1000]

Hi,
I have received letters from both Moorcroft and Wescott. Wescott claim that there is a balance of £5500 and Moorcroft claim a balance of just under £3k.
I have received two letters from Wescott, the first stating they have been instructed by their client, Halifax to make contact to discuss.
The second was just stating "We understand that there may be a number of reasons why you have not responded to us. We are specialists in establishing repayment plans that best suit the needs of customers and our clients. To resolve this contact us ..."
I have also had three letters from Moorcroft, with the first one telling me they were acting on behalf of Tesco bank, the second advised that there was "important information - possible further action" and advised me to send my payment proposal within 7 days which I ignored.
The third states that they are "aware that i have failed to agree am affordable repayment plan with them. As no agreement has been reached we are now in the process of reviewing your account prior to the possible recommending of further debt recovery action to our clients.
We would remind you that unless we agree a settlement of this account, any default which our client may have registered against your credit file will remain unchanged. Please contact by ...." ( which was dated, as I'm writing now, as yesterday's date)
What course of action would be best to take from here on?




Many thanks I'm advance.
Xdj1000
New Recruit

[nemesis45]

Re: Moorcroft and Westcott

Hi welcome to LB.

WE have to totally separate debts being pursued by two separate debt collection agencies acting on behalf of the creditors.


Please give us the history of each debt:

Type of account:

Amount claimed:


Date Defaulted:


Date of Last Payment/ Acknowledgment of the account.

These " we May " we Might to this etc., letters are standard.

Give the details asked for and we will be able to help you.

nem

[xdj1000]

Re: Moorcroft and Westcott

Hello,

Thanks for the swift response.
There is an outstanding debt on a personal loan for just under 3k with Tesco Bank which has been passed over to Moorcroft.
This was last paid and acknowledged in December 2014 with no contact at all since with either Tesco or Moorcroft.
I have now received four letters in total from them.
The most recent dated 20/05/2015 states;
"Our records show that despite our previous letters you have not made any payments to us and therefore your account has now been passed to our Home Collections Division for action.
This may involve our local representative calling at your home address. Please call us if there is a particular time or date when would prefer our representative to call.
If however you would prefer to agree on a repayment arrangement direct with this office or you believe there is an outstanding query on your account, you must telephone us no later than 27/05/2015.

There is another debt with Halifax Bank for just under 5.5k which has now been passed to Westcot which have sent two letters.
This was also last paid in December 2014 and has not been acknowledged nor have I spoken with either party.
These have a nicer tone and the last one sent on 09/05/2015 states;
"we understand there may be a number of reasons why you have not responded to us about this account.
you may feel that you are not in a position to start making an acceptable level of payment against your balance or you don't know how best to manage your way through current debts. We are specialists in establishing repayment koans that best suit the needs of our customers and our clients....." And just goes on to contact them.
Where would be best to go on from here?
Thanks in advance!

[nemesis45]

Re: Moorcroft and Westcott

OK are Wescot and Moorcroft acting on be half of the respective creditors or have the debts been sold on to 3rd party debt purchasers.?

nem

[FlamingParrot]

Re: Moorcroft and Westcott

Hello,

Thanks for the swift response.
There is an outstanding debt on a personal loan for just under 3k with Tesco Bank which has been passed over to Moorcroft.

Have you got any idea when you took out the loan? More to the point, would it have been before or after April 2007?

There is another debt with Halifax Bank for just under 5.5k which has now been passed to Westcot which have sent two letters.

What was this debt? Was it a current account overdraft, a loan or a credit card? Once more, any idea about the start date?

Have you sent a CCA request for either account?

[xdj1000]

Re: Moorcroft and Westcott

Hi guys,

They both have stated that they are acting on behalf of/are instructed by.
The Halifax account is also a personal loan which was taken out in Feb 2014 and the Tesco Bank loan was taken out around August 2013.
I have sent no cca request or responded to either letters or phone calls from both.

[winner12]

Re: Moorcroft and Westcott

Hi
I have a similar thing with LLOYDS and WESCOT I have just written to LLOYDS to find out what is going on
I have been paying LLOYDS back at £40 a month so its a bit puzzling why out of the blue WESCOT are demanding payment
I have not had any formal letters from LLOYDS and yesterday I had a LLOYDS headed letter but it came from WESCOT address a little misleading

[Amethyst]

Re: Moorcroft and Westcott

I have not had any formal letters from LLOYDS and yesterday I had a LLOYDS headed letter but it came from WESCOT address a little misleading

Was that a notice of assignment?

[nemesis45]

Re: Moorcroft and Westcott

NOA's can be issued by the creditor or the authorised agent (s).
Many companies authorise debt collection agencies to issue NOA's
on their behalf it is an " industry" standard practice.

nem

[xdj1000]

Re: Moorcroft and Westcott

What would be best to respond with before this goes to ccj stage?

[nemesis45]

Re: Moorcroft and Westcott

CCA requests to Moorcroft and Wescott to get agreements for the accounts.

£1 statutory fee payable for each request, use a cheque or PO endorsed " For Statutory Fee Only". The DCA's have 12 + 2 Working Days to comply. (template in the forum library for the request).

nem

[xdj1000]

Re: Moorcroft and Westcott

Thank you!

[FlamingParrot]

Re: Moorcroft and Westcott

What would be best to respond with before this goes to ccj stage?

CCA requests to Moorcroft and Wescott to get agreements for the accounts.

£1 statutory fee payable for each request, use a cheque or PO endorsed " For Statutory Fee Only". The DCA's have 12 + 2 Working Days to comply. (template in the forum library for the request).

A little comment if I may, in view of how recent these accounts are, I doubt this course of action will do much good, which is why I asked when the accounts were opened.

The Halifax account is also a personal loan which was taken out in Feb 2014 and the Tesco Bank loan was taken out around August 2013.

They still have to comply with a CCA request under s.77-78, however, even if there had not been a properly executed agreement with all the prescribed terms (which I doubt would be the case in 2013 and 2014), the court would still be able to enforce if it got to that stage.

There may be other grounds for dispute depending on the circumstances under which the accounts were opened, what was charged, etc. otherwise it may be a question of agreeing an affordable monthly repayment.

[xdj1000]

Re: Moorcroft and Westcott

So do you think there is no other option than to just call them and arrange a monthly repayment, or just let it run the course and see what action they will take?
I am a non homeowner and I do not own a car at present so what could actually be used against me other than an attachment of earnings or having bailiffs come to my property to remove items of value?

[FlamingParrot]

Re: Moorcroft and Westcott

This was last paid and acknowledged in December 2014 with no contact at all since with either Tesco or Moorcroft.
I have now received four letters in total from them.

There is another debt with Halifax Bank for just under 5.5k which has now been passed to Westcot which have sent two letters.
This was also last paid in December 2014 and has not been acknowledged nor have I spoken with either party.

They both have stated that they are acting on behalf of/are instructed by.
The Halifax account is also a personal loan which was taken out in Feb 2014 and the Tesco Bank loan was taken out around August 2013.
I have sent no cca request or responded to either letters or phone calls from both.

To clarify, debts only go statute barred after six years without any payment or written acknowledgment. From experience, it's customary to have a lot of contact (letters, phone calls, texts, etc.) in the first few months after defaulting, then things tend to go quiet.

The process usually involves the original lender demanding payment and sending a profusion of letters, after that they will use the services of a DCA who will be given the account to attempt to collect for a certain period of time, usually a few months. A DCA acting for their client cannot start court proceedings on their own right because they don't own the account. If they DCA fails, they will return the account to the original lender who will either pass it on to another DCA or sell it to a debt purchaser. When that happens, you should receive a notice of assignment. Unlike DCAs, debt purchasers CAN take you to court by themselves, and often do when there is no response from the debtor.

In general, DCAs acting on behalf of their clients can be easy to fob off with anything from a CCA request to a FMOTL letter or anything in between, because they tend to concentrate on those more likely to pay. They will eventually return the account to the original lender if challenged or even ignored, however, the same strategies wouldn't work with companies who have purchased the account so it's important to make the distinction.

I have a similar thing with LLOYDS and WESCOT I have just written to LLOYDS to find out what is going on
I have been paying LLOYDS back at £40 a month so its a bit puzzling why out of the blue WESCOT are demanding payment
I have not had any formal letters from LLOYDS and yesterday I had a LLOYDS headed letter but it came from WESCOT address a little misleading

Wescot are both a DCA and a debt purchaser. If the debt has been sold to them you should have received a notice of assignment, which will say the debt has now been sold to them. If that's the case, you should no longer be paying Lloyds and they should have provided you with new details to make payments.