moorcroft

[nemesis45]

Re: moorcroft

This reminds me of the responses made by Motor Mile Finance it which it alleges "that as a Creditor they are in a different position to the man in the street when pursuing debts and the notice is not applicable to them."

nem

[FlamingParrot]

Re: moorcroft

Thanks for clearing that up for me (as I said, I'm a relative newbie)

definitely worth knowing

Note that the letter above has been drafted for debt collectors rather than bailiffs, who have more powers than debt collectors, but even they can be left on the doorstep. :grin:

Also it is a letter to be sent to debt collectors rather than a sign such as a NOROIRA, the idea being to stop the DCAs from sending someone round to your home in the first place. Sending the letter to bailiffs wouldn't work for obvious reasons, their job is to pay you a visit rather than just to attempt to collect by other methods.

Although the principle of removal of implied access is often used by FMOTLs, this isn't FMOTL stuff like the infamous 3 letter process.

[kaz1975]

Re: moorcroft

Hi guys...i received proof from lloyds that i owe the money today along wiv all the payments i made before default...i had the order put in place cos i couldnt afford the 7000 upfront so i filled in a form..paid 35.00 to court..and i was ordered to pay 10.00pcm...in 2007...what do u suggest i do? Worried sick again..

[FlamingParrot]

Re: moorcroft

Hi guys...i received proof from lloyds that i owe the money today along wiv all the payments i made before default...i had the order put in place cos i couldnt afford the 7000 upfront so i filled in a form..paid 35.00 to court..and i was ordered to pay 10.00pcm...in 2007...what do u suggest i do? Worried sick again..

I am a little confused now because I went back to read your thread and you had previously said they had a CCJ from 2010. Here you are saying you were ordered to pay £10/month in 2007. :noidea:

What sort of proof did you receive from Lloyds that you owe the money? Does this concern the same account we were discussing above? If there is a CCJ, there would be no need to prove that you owe the money at this stage. Could you kindly clarify the position of the account? Is this a CCJ from 2010 or a different one from 2007? Are you making payments towards the CCJ(s)? Are you being threatened with enforcement?

[kaz1975]

Re: moorcroft

Same debt..i am not being threatened atm...it was just a statement of account received..i stopped paying in 2012... debt is from 2007..i applied for court order so prove i couldnt pay it all..court decided i pay 10.00 pcm..hope this help

[nemesis45]

Re: moorcroft

Same debt..i am not being threatened atm...it was just a statement of account received..i stopped paying in 2012... debt is from 2007..i applied for court order so prove i couldnt pay it all..court decided i pay 10.00 pcm..hope this help

Ok you have received an " annual " statement of the account as required.
You are not being chased for payment so can you tell me what it is you want
to do and why.
It seems the CCJ is valid and I cannot see any reason to challenge that,
as you made payments up to 2012?? Then stopped the payments ordered
by the court.
There has been it seems no enforcement action taken on the CCJ so it
would really help if you can say what you want to do, the CCJ is by now
off CRA records and public information records and is not affecting your
credit profile.

In my opinion Moorcroft would have attempted to enforce if they thought
there was a reasonable expectation of success.

nem




Did you send the letter drafted way back at the beginning of this thread.

[kaz1975]

Re: moorcroft

I did send the letter that is on the thread..not sure wat to do to be honest..not sure what i am expected to do...just dont want enforcers coming at my door..i guess i panicked when i saw statement..and thought they are coming after me again :/

[FlamingParrot]

Re: moorcroft

Same debt..i am not being threatened atm...it was just a statement of account received..i stopped paying in 2012... debt is from 2007..i applied for court order so prove i couldnt pay it all..court decided i pay 10.00 pcm..hope this help

I did send the letter that is on the thread..not sure wat to do to be honest..not sure what i am expected to do...just dont want enforcers coming at my door..i guess i panicked when i saw statement..and thought they are coming after me again :/

You are supposed to receive an annual statement of account, if you are paying in accordance with the court order you should be fine. For a debt of this type, they can't just send enforcement agents round without a court order, they'd have to apply to the court for a warrant of control first. The warrant can only be applied for if you miss a payment. Before the enforcement agent can visit, they have to send you a notice of enforcement, giving you at least seven days before they pay you a visit. If you were to receive such a notice, you could apply to suspend the enforcement action so there's always a solution. :thumb:

A notice of enforcement is not the same as a debt collector letter threatening a home visit, for the avoidance of doubt, you'll find an example notice here: https://www.citizensadvice.org.uk/Gl...bailiffs-e.pdf

The letter that was posted on the thread was in response to a home visit threat which is not enforcement action.

[nemesis45]

Re: moorcroft

I did send the letter that is on the thread..not sure wat to do to be honest..not sure what i am expected to do...just dont want enforcers coming at my door..i guess i panicked when i saw statement..and thought they are coming after me again :/

That's good so Moocroft knows you are aware of their short comings.
For interest the Moorcfoft " field agents" were once managed by a person
who described himself as a " DOOR STOP COLLECTIONS MANAGER"!! Many
people informed that they had no doorstops his team to collect, he didn't change the
title for a considerable.

In basic terms these agents have no powers to remove goods, enter your home, they have a company script
to prattle about.
You have no obligation to converse with them, just "state you do not discuss any matter with strangers
who turn up unannounced, and then" invite" them politely to leave the premises. If they stay call 999 and
state you feel threatened.
They are most certainly not " enforcers " by any stretch of the imagination!!

nem

[nemesis45]

Re: moorcroft

Ok, Moorcroft usually " collect/ manage, debts for 3rd Parties i.e., Debt Purchase companies, what is the
status of Moorcroft in this case please, acting on behalf of..........................?
nem

[kaz1975]

Re: moorcroft

A lloyds credit card from 2007...it was passed to seciari clarke but i stopped paying...obviously now it was sent bk to lloyds and they issued it to moorcroft..

[FlamingParrot]

Re: moorcroft

A lloyds credit card from 2007...it was passed to seciari clarke but i stopped paying...obviously now it was sent bk to lloyds and they issued it to moorcroft..

Are you no longer paying the £10/month? If not, did you stop paying in 2012? or more recently? Apologies if this has already been posted, sometimes threads can get a bit confusing with so many posts. :noidea:

[kaz1975]

Re: moorcroft

I stopped payin in 2012... :/

[kaz1975]

Re: moorcroft

And i am not paying it atm ..havent since 2012..

[FlamingParrot]

Re: moorcroft

And i am not paying it atm ..havent since 2012..

Ah, OK. It is possible that they may try to enforce the judgment at some point, however, you should be notified beforehand if the apply for a warrant of control as noted above. If you are employed they may also apply for an attachment of earnings order, in which case you'd receive a form N56 to fill in. I think you said somewhere you are not a home owner, if you aren't, a charging order is not an option for them.