Moorcroft and Westcott

[FlamingParrot]

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?

No, you should never call them, any contact should be in writing. If they ring you, don't answer the phone or don't answer their security questions if you do answer.

As I said above, DCAs can be fobbed off quite easily since they wouldn't have any details about the account, i.e. they wouldn't be able to argue what I posted above, so the strategy may well work, but only temporarily. The account could be unenforceable if they don't supply you with a copy of the agreements but that can be remedied at any time, I just want you to be aware of that.

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?

A CCJ will be required before they can do any of the above, and even with a CCJ, they wouldn't be able to enforce it like that without going back to the court. When you get a CCJ you can agree to pay it in affordable monthly installments by submitting your financial details to the court and they won't be able to apply to enforce via other methods as long as you keep up the agreed repayments, which can also be varied via the court if your circumstances change. In reality, bailiffs are hardly ever used to enforce consumer credit debts like yours, most bailiff cases you read about are for unpaid council tax, magistrates court fines or parking offences.

Before they can obtain a CCJ they will have to issue a claim which you could defend or agree an alternative settlement with them so you are a million miles away from what you describe above. The consequences of having a CCJ can be much more serious for some people than others, for example, in certain industries, you could even lose your job.

[winner12]

Re: Moorcroft and Westcott

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.

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.


Hi Flamingparrot hope you are well
I have not received any NOA from WESCOT the letter just states we have been instructed by our clients LLOYDS BANK PLC thats why Im a little curious about the whole thing and it seems they are only collecting so have I done the right thing writing to LLOYDS and has stated I gather I should still pay LLOYDS as usual.

[nemesis45]

Re: Moorcroft and Westcott

FMOTL will get you nothing it has no basis in law if you want to be a laughing stock use any FMOTL letter.

Dangerous nonsense a fairly recent judgement in Canada had a wide ranging effect on this rubbish.

nem

[FlamingParrot]

Re: Moorcroft and Westcott

FMOTL will get you nothing it has no basis in law if you want to be a laughing stock use any FMOTL letter.

Dangerous nonsense a fairly recent judgement in Canada had a wide ranging effect on this rubbish.

nem

To clarify, I wasn't suggesting sending such a letter, I am fully aware of the fact it has no real base in law and the complications arising from taking that route.

What I meant to say is that DCAs who are just collecting are not exactly the sharpest tools in the box and they work on commission, so they tend to concentrate on those more likely to pay, i.e. those who say "maybe next month I'll have the money" or something along those lines, rather than those who challenge the account, regardless of the arguments used. Their staff have neither the account info nor the legal knowledge to sort out the wheat from the chaff, they are trained to get people to ring them and extract payment from those who do, not to look at the legal arguments raised. Ignoring them often also works, simply because they work on a similar basis as estate agents, i.e. they are commissioned for a certain period of time and, if unsuccessful, the account is just returned to the original creditor.

Things are different when you are dealing with a DCA who has bought the account as opposed to working on commission, these are the ones who most often issue claims, with a few exceptions, hardly anyone gets taken to court by the original creditor. This means that, as long as the account is still with the OC, the likelihood of court action is not very high, although it's not impossible, for example Santander did take Mayhew to court without selling the account, however, there are few cases like this and the outcome of this case has probably discouraged many OCs who may have decided to sell the debt on instead.

[nemesis45]

Re: Moorcroft and Westcott

To clarify, I wasn't suggesting sending such a letter, I am fully aware of the fact it has no real base in law and the complications arising from taking that route.

What I meant to say is that DCAs who are just collecting are not exactly the sharpest tools in the box and they work on commission, so they tend to concentrate on those more likely to pay, i.e. those who say "maybe next month I'll have the money" or something along those lines, rather than those who challenge the account, regardless of the arguments used. Their staff have neither the account info nor the legal knowledge to sort out the wheat from the chaff, they are trained to get people to ring them and extract payment from those who do, not to look at the legal arguments raised. Ignoring them often also works, simply because they work on a similar basis as estate agents, i.e. they are commissioned for a certain period of time and, if unsuccessful, the account is just returned to the original creditor.

Things are different when you are dealing with a DCA who has bought the account as opposed to working on commission, these are the ones who most often issue claims, with a few exceptions, hardly anyone gets taken to court by the original creditor. This means that, as long as the account is still with the OC, the likelihood of court action is not very high, although it's not impossible, for example Santander did take Mayhew to court without selling the account, however, there are few cases like this and the outcome of this case has probably discouraged many OCs who may have decided to sell the debt on instead.

Easy FP you didn't mention FMOTL it was " winner21"

- - - Updated - - -

To clarify, I wasn't suggesting sending such a letter, I am fully aware of the fact it has no real base in law and the complications arising from taking that route.

What I meant to say is that DCAs who are just collecting are not exactly the sharpest tools in the box and they work on commission, so they tend to concentrate on those more likely to pay, i.e. those who say "maybe next month I'll have the money" or something along those lines, rather than those who challenge the account, regardless of the arguments used. Their staff have neither the account info nor the legal knowledge to sort out the wheat from the chaff, they are trained to get people to ring them and extract payment from those who do, not to look at the legal arguments raised. Ignoring them often also works, simply because they work on a similar basis as estate agents, i.e. they are commissioned for a certain period of time and, if unsuccessful, the account is just returned to the original creditor.

Things are different when you are dealing with a DCA who has bought the account as opposed to working on commission, these are the ones who most often issue claims, with a few exceptions, hardly anyone gets taken to court by the original creditor. This means that, as long as the account is still with the OC, the likelihood of court action is not very high, although it's not impossible, for example Santander did take Mayhew to court without selling the account, however, there are few cases like this and the outcome of this case has probably discouraged many OCs who may have decided to sell the debt on instead.

Easy FP you didn't mention FMOTL it was " winner21"

[winner12]

Re: Moorcroft and Westcott

Hi nemesis45
Actually its was FP who mentioned it we had a problem with quotes on posts but thanks for your imput

[Kati]

Re: Moorcroft and Westcott

Easy FP you didn't mention FMOTL it was " winner21"

Hi nemesis45
Actually its was FP who mentioned it we had a problem with quotes on posts but thanks for your imput

No harm done tho'

[nemesis45]

Re: Moorcroft and Westcott

No harm done tho'

My apologies Winner!!se
not
I have found it quite worrying over the years the any mention of the rubbish spouted
by that particular " movement" on open forums tens to have an effect on those
unaware of the damage they do.
People will go off and check the initials and get ideas that will ultimately cause more
problems for them.

nem

[Kati]

Re: Moorcroft and Westcott

I have found it quite worrying over the years the any mention of the rubbish spouted
by that particular " movement" on open forums tens to have an effect on those
unaware of the damage they do.

I agree :sad: I am so glad LB was the first forum I came across when I first needed them

[winner12]

Re: Moorcroft and Westcott

Hi Kati
I could not agree more I muddled through a lot in the beginning (nearly 6 years ago now ) and this site was recommended to me in my darkest hour what a bright light shone on that day I have always been given advice and found it very helpful even when I would ask stupid questions .
THANKS LB