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  • Moorcroft Letter

    Hi there,

    i owe £833.00 in arrears to AA personal loans. Basically over the past 3 years i have been struggling to make my monthly payments of £220 due to lack of work. I contacted National Debtline a few months ago and they gave me a reference number which i used with the AA to get my loan frozen for 30 days. This ended a few weeks ago and i have recently received an Intended Litigation letter from Moorcroft which says if i don't pay the arrears in 7 days a range of court enforcement options are available to the client.

    Could anyone let me know if this is just scare tactics and what steps i should be taking as there's no way i can afford to make that kind of payment.

    Thanks, Nick

  • #2
    Re: Moorcroft Letter

    It is scare tactics but doesn't mean you should stick your head in the sand.

    First off a few basics:

    When did you take the loan out?
    When did you first default on the loan?
    When did you make the last payment?
    What communication have you had from them and when?
    What communication have you sent to them and when?

    Once we have this information we can help a little more with next course of action.

    Best
    SnV
    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

    The consumer is that sleeping giant.!!



    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Re: Moorcroft Letter

      Hi Nick,

      Welcome to AAD!. SnV is quite right we will need some further information for us to provide any proper help. However yuo have a welcome thread in the welcome to forums section, have a look in there and the mod who made your first post will have listed a few things for you to look at. Have a look and then have a read around particularly the Unenforcability sections and diaries. This will give some idea of how we work here.

      regards
      Garlok

      Comment


      • #4
        Re: Moorcroft Letter

        The loan was taken out over 4 years and I'm sure its paid up ( if hadn't misses payments ) in around march time.
        I first defaulted late 2008 early 2009.
        My last payment will have been October 2011 or thereabouts
        I have been in contact every time I've struggled to make payments and the last time was just over a month ago when they froze the loan for 30 days.

        I had a small payment of £100 to make for national insurance and was told by national debt line to sort this before taking any steps with the loan. I applied to be exempt from this because i had made less than £5300 last year and this year so far.

        I have been offered the money from a friend to pay the arrears off but i don't really want to be borrowing more for this. Also if i did pay it off would it help my credit?

        Comment


        • #5
          Re: Moorcroft Letter

          In a word no it would not help your credit files at all. CRAs only have to record an accurate history of the circumstances and you have defaulted on the loan which it would seem appears on the CRFs. This will last for a total of 6 years but becomes less of a problem after about 3 years.

          Have a look at the diaries section and see how these are laid out. There are several potential solutions but it unless it was taken out prior to April 2007 then it is unlikely to be UE. However SnV has posted here and is very good with self managed DMPs, there is the option of token payments to stave off any threatened court action ( not always but works a good bit of the time) and finally some form of Full and Final. It all depends on the information you can supply and it is much easier to process in the diary type format for all of us.

          regards
          Garlok

          Comment


          • #6
            Re: Moorcroft Letter

            Ok so my credit is kinda damaged for 6 years anyway?

            I had made token payments a few times while i was out of work which did help.

            Ive been thinking of a DRO as i also have a barclaycard which i owe around £3000 but i have only been making the minimum payments which are around £50 a month. Are DRO's worth looking into?

            Comment


            • #7
              Re: Moorcroft Letter

              you need to read up on everything before any decision and it wouldn't be a bad idea to lay out a diary as Garlok suggests, including all of your debts, we need the whole picture to help effectively.

              Comment


              • #8
                Re: Moorcroft Letter

                Originally posted by NickTurner33 View Post
                The loan was taken out over 4 years and I'm sure its paid up ( if hadn't misses payments ) in around march time.
                I'm a woman which means I'm only too happy to admit that I'm totally bad at maths But can you say exactly what date this loan was taken out because that could make all the difference to your legal position. You say "over four years ago" which maybe good or bad news because the law has changed dramatically for credit agreements prior to April 2007. Was this loan taken out in March 2007 by any chance? Fingers crossed in your case
                Last edited by PlanB; 15 December 2011, 19:01.

                Comment


                • #9
                  Re: Moorcroft Letter

                  Oh i don't actually know, i'll have to the AA to find out.

                  Comment


                  • #10
                    Re: Moorcroft Letter

                    Originally posted by NickTurner33 View Post
                    Oh i don't actually know, i'll have to the AA to find out.

                    No no no please don't phone the AA just yet. Maybe write to them with basic questions. Always lay a paper trail. Someone who knows much more than me on this site may even direct you to a template letter to send to them Have you got any of the paperwork in your files to reveal to us at this stage?
                    Last edited by PlanB; 15 December 2011, 20:59. Reason: spelling !!!!!!!!

                    Comment


                    • #11
                      Re: Moorcroft Letter

                      Careful Nick, I'm speaking a bit out of turn here, but if you have not paid or acknowledged the debt since last month we don't want to start the SB clock again from a phone call that you have made. Everything from now on needs to be kept in writing. So just to keep the ball rolling until we get facts from you, get a £1.00 postal order from the post office and send this:-

                      > CCA Request
                      (this is a link to the template on this site)

                      Send the PO and this letter to Moorcroft. They have 12 +2 days to respond and then it is they that fall into default and cannot enforce until they satisfy that request. Do not use your normal signature on anything to do with this from now on.

                      This template is worded specifically so as not to acknowledge the debt. Then we have a holding position until we can get facts together from you. It really is a good idea to get everything you owe into the diary format as others have done, then we all can look at the specialties needed to try and give you the best results as we have people with in depth knowledge on a whole range of subjects.


                      regards
                      Garlok
                      Last edited by garlok; 15 December 2011, 21:06.

                      Comment


                      • #12
                        Re: Moorcroft Letter

                        Originally posted by garlok View Post
                        Careful Nick, I'm speaking a bit out of turn here, but if you have not paid or acknowledged the debt since last month we don't want to start the SB clock again from a phone call that you have made. Everything from now on need sto be kept in writing. So just to keep the ball rolling until we get facts from you get a £1,00 postal order form the post office and send this:-

                        > CCA Request
                        (this is a link to the template on this site)

                        Send the PO and this letter to Moorcroft. They have 12 +2 days to respond and then it is they that fall into default and cannot enforce until they satisfy that request.

                        Thsi templaste is worded specifically so as not to acknowledge the debt. Then we have a holding position until we can facts together from you. It really is a good idea to get everything you owe into the diary format as others have done then we all can look at the specialties needed to try and give you the best results as we have people with in depth knowledge on a whole range of subjects.


                        regards
                        Garlok
                        In the nick of time Garlok

                        Comment


                        • #13
                          Re: Moorcroft Letter

                          Thanks PlanB. Your post must have been going up whilst I was typing.

                          regards
                          Garlok

                          Comment


                          • #14
                            Re: Moorcroft Letter

                            Just to add.... Moorcroft are not bailiffs; they are tinpot debt collectors with no legal rights whatsoever. I have seen them off 3 times re. 3 seperate accounts that were farmed out by different companies.... lucky me .... or lucky them..... depending on how your mind works.....
                            Remember the mantra:
                            NEVER communicate by 'phone.

                            Send EVERYTHING by Recorded/Special Delivery
                            Keep a copy of EVERYTHING sent
                            Keep hold of EVERYTHING received

                            PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)


                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • #15
                              Re: Moorcroft Letter

                              Originally posted by garlok View Post
                              Thanks PlanB. Your post must have been going up whilst I was typing.

                              regards
                              Garlok
                              AAD is a team effort Garlok

                              Comment

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