How to deal with Moriarty Law debt letter

Moriarty Law Debt Collection: Should you Pay?

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If you have received a letter from Moriarty Law about debt, you may be wondering who they are and how to deal with it. You may even have received a visit at your house from the debt collectors, and this may be causing you severe anxiety and stress. This information should help you understand what to do if you have received contact Moriarty Law, and whether you should be making payments to them.

Table of Contents hide
1 What Kind of Company Is Moriarty Law?
2 1) Your best solution (if you qualify) [1 minute]
3 2) Check your credit score for free [1 minute]
4 Case Studies
5 Ignoring Debt Letters from Moriarty Law
6 What Rights do Moriarty Law Have?
7 Step by Step Guide to Dealing with Moriarty Law Debt
8 FAQ’s on Dealing with Debt from Moriarty Law
9 Read More…

What Kind of Company Is Moriarty Law?

Firstly, if you have received a letter from this company, you are not alone. If you look on forums such as Trustpilot, you will see that many customers are commenting on the contact they’ve had with this debt collection company. Some quotes about Moriarty Law include:

“Why are they pretending to be legally trained and a legal firm not debt collectors.”

“I keep on getting messages of this company asking for a lady’s name to ring them up quoting a reference number.”

Moriarty Law call themselves a law firm, who specialise in debt collection. They chase debt for a wide range of organisations, including council tax, gas and electricity, mobile phone and catalogues. They buy the debt from companies at a much smaller amount than the original value and make money if you pay the debt back. The original company you owe the debt to are happy, as they don’t need to spend time chasing the debt themselves. You’ll generally find that debt collectors like this are quite demanding, as they want to make their money back, as well as gain profit from the repayments. They can be quite persistent, and often, this can be quite distressing for recipients of the debt collecting letters or home visits.

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Moriarty Law Case Studies

Case Studies

A debt letter can be stressful, and if you have received one from Moriarty Law, you might be wondering what other people are experiencing with the company. There are many case studies on Moriarty Law.

Let’s take a look at one case study from Money Saving Expert, so you can get an understanding of how you might want to approach this.

“I received a letter from a firm called Moriarty Law and thought it looked a bit dodgy, it was asking for £176.00 for an outstanding debt. As I didn’t recognise it I asked them to send me proof in writing.

They have now responded and want payment in 30 days, it is for an old car insurance policy that I cancelled and disputed in 2013. Can I dispute this?”

It is important to remember that Moriarty Law are acting on behalf of other companies, and in this case, you may want to contact the debtor directly and discuss the debt with them. You should not just pay the debt for the sake of stopping the letters. If you don’t owe it – don’t pay it. Make sure any contact is in writing, so you have proof in case you need it in the future. If you are in a similar situation, you should always clarify the details of the debt, including the dates and make sure the debt is valid.

If you have received a letter from Moriarty Law, you should make sure the debt is correct and that you owe it. If you are unsure about where the debt came from, you should clarify this by calling Moriarty Law on 0845 218 2021 or via their website https://moriartylaw.co.uk/. It is important that you pay your debt, but you must ensure this debt is correct and that you are liable for it. Mistakes can be made, and it is vital that you are paying debt that you owe.

Ignoring Debt Letters from Moriarty

Ignoring Debt Letters from Moriarty Law

If you owe the debt to Moriarty Law, it is essential that you take steps to deal with it, as much as it may be tempting to throw the letter in the bin. It can be highly stressful to deal with debtors, but it’s more stressful to ignore letters. If the debt is legitimate, you owe it, and Moriarty Law have the right to chase you for it. You can ask them to stop calling you though and ask them to contact you via another method, such as email or letter.

what rights do they have

What Rights do Moriarty Law Have?

Moriarty Law are a debt collection agency. They may send you threatening emails which state that they will send bailiffs round or arrest your wages. The company don’t have the right to do this, unless they take you to court first. In some cases, they may send an agent out to your home, but they can’t access your home without permission. If they want to issue a CCJ, send bailiffs round or a charging order, they must take you to court first.

A step by step guide

Step by Step Guide to Dealing with Moriarty Law Debt

If you have been faced with a debt letter from Moriarty Law, you may not know what to do. There are different circumstances which may be associated with this kind of debt, so we’ll look at a range of scenarios.

Scenario 1 – You are receiving constant phone calls, letters etc from Moriarty Law. You don’t dispute the debt, but despite asking them to refrain from phone calls, they keep harassing you. In this case, you may complain to the lender.

Scenario 2 – You don’t owe the debt, but you are receiving letters from Moriarty Law. Firstly, check with the original letter and your credit file. If you confirm you don’t owe the debt, you can send a letter stating that you don’t owe the debt. This letter template can be used to send to Moriarty Law to let them know that it’s not your debt.

Scenario 3 – You owe the debt, but you can’t afford to pay it all back. This is not an excuse to ignore it, as it won’t just go away. The main thing to do is to get in touch with them and let them know your circumstances. It always better to be honest, then bury your head in the sand when it comes to your financial situation. In this case, there are several options available to you.

  • Agree a Payment Plan – sit down and work out how much you can realistically pay, bearing in mind your bills, rent/mortgage and any other debt you have. It is important to take care of your rent/mortgage and bills, before you even attempt to pay it back. Give them a call to discuss your payment plan offer with them, including the timeframe. Most companies will allow you to pay back a small amount, if that’s all you can afford. Paying something is better than paying nothing.
  • Write Off Debts – If you can’t afford to pay anything back, you may be able to write the debt off. There are different options available. There is the IVA (Individual Voluntary Agreement) which is available in Wales, Northern Ireland and England, and will allow you to enter a debt consolidation scheme. Scotland have a Trust Deed in place, which is another form of debt consolidation. If you wish to enter a Trust Deed, you must have £5,000 of debt. This is something you must consider carefully as you won’t be able to take out any credit if you go down this route.
Moriarty Law FAQs

FAQ’s on Dealing with Debt from Moriarty Law

There is no doubt that receiving a letter from Moriarty Law chasing you for debt can be stressful, and there may be all sorts of questions you have about dealing with this debt, as well as your general financial situation. These are some of the most common questions being asked, and hopefully some useful answers.

Can a Debt Collection Agency Enter My Premises?

Debt collection agents cannot enter your property. The job of a debt collection agency is to collect debts owed from another company, such as an energy supplier or mobile phone company. The debt collection agency would need to take you to court, before they could take any further actual. If they try to force entry to your property, they are breaking the law, and you must contact the police in this case.

How Do I Complain About Moriarty Law?

If you have any complain about Moriarty Law, you should contact them in the first instance. If they fail to respond or take notice of your complaint, you can contact the Financial Conduct Authority to make your complaint, and they will investigate it.

Can the Debt Management Company Force Court Action, even if I Agree to a Repayment Plan?

Most debt management plans are informal, which means it is not legally binding. A debt management company could take you to court, however, realistically, they’d rather not go down this route. Most debt management companies will accept your offer, although they may ask you to send in proof of your earnings. It is not really within anyone’s interest to take it to court, if you’re willing to pay it back and making efforts to stick to a repayment plan.

What if I Can’t Stick to my Repayment Plan with Moriarty Law?

Circumstances can change all the time. You may have a period where you are out of work, your hours are cut or another reason why you can’t stick to the repayment plan you agreed with Moriarty Law. In this case, it is important to let them know well in advance. They may be able to reduce the payment for you, give you a month off or come to another arrangement. Although you may feel nervous about discussing this, it is important to do so, as they can’t help you if they don’t know your circumstances have changed. Honesty is always the best policy!

Will My Debt with Moriarty Law Affect My Credit Rating?

If you have failed to make payments to a company who have supplied you with a service, this is likely to affect your credit rating. However, if you start to make payments to the account, you can get your credit file back into order quickly.

How Can I Improve My Credit Rating?

If your credit rating is less than perfect, you need to start setting up repayment plans, including one to Moriarty Law if you owe to them. The more you pay off, the better your credit rating will be. Other steps include, registering on the electoral register and refraining from applying for any further credit.

How Do I Negotiate a Repayment Plan?

It is always better to pay off the full balance of your debt, if you can afford it. If not, you should set up a repayment plan. The creditor may accept your first offer of payment, but in many cases, they will ask to see details of your affordability. This is usually the case if they consider the monthly payment to be too low.

What is a Full and Final Settlement Offer?

When you discuss your debt with Moriarty Law, you may want to suggest paying a lump-sum, which is less than the full balance. This is a ‘full and final settlement offer’ and will involve you paying less but having the rest of the debt wiped off. This is a good way to clear your debt, even if you can’t afford to make a full payment.

How Should I Contact Moriarty Law?

It is a good idea to contact Moriarty Law by letter or email, rather than by telephone. If you contact them by letter, make sure you keep a copy of any correspondence, as you may need this in future. If you contact them by telephone, there is no proof of contact. There is no valid reason why Moriarty Law should not accept this form of contact.

My Offer Has Been Rejected, What Should I Do?

If your offer has been rejected, have a look at your incomings and outgoings, and work out what you can realistically afford to pay them back. Any creditor should accept an offer, if it’s a realistic offer. If you can start making the payment straight away, this will also give you a better chance of getting your offer accepted.

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For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is Nerd FS.

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Customers Right to Withdraw Consent

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Subject Access Request (SAR)

One of the main rights which the Data Protection Act gives to individuals is the right of access to their personal information.  An individual is permitted to send us a subject access request (“SAR”) requiring that we tell them about the personal information we hold about them, and to provide them with a copy of that information.  In most cases we must respond to a valid subject access request within 40 calendar days of receipt.  Any business is able to charge a customer a reasonable charge of £10 for providing this data however it is not our companies policy to do so unless the request is excessive or unwarranted.  Any Subject Access Requests must be sent to a Senior Manager for processing purposes.

Third party requests are also permitted e.g. a friend or relative, a solicitor, a claims management company or other third party. Under the Data Protection Act 1998 and the Data Protection Principles, are not permitted to reveal such information to a third party without the authority of a customer. On this basis, for any third party SAR, we will ensure that we have a written record of authority held on file before we release any personal data.

Where there are two or more customers linked to one credit agreement and the request comes from one of these parties, we will provide the response to both parties

We are required to 'give' a copy of the executed agreement and any other document referred to in it and the required statement. In the FCA’s view, sending a copy of them by ordinary second class post will suffice. Guidance on what constitutes a ‘copy’ can be found in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB).

The duty under the relevant section does not apply if no sum is, or will or may become, payable by customer under the agreement. This is irrespective of whether the agreement may have already been terminated.

We will promptly facilitate a SAR request, although we have up to 40 days to do so.  All staff are made aware of this during induction.  Refresher training will be provided on a regular basis.  Although the rules permit the Firm to charge a maximum of £10 for responding to the request for personal data, it is not the Firm’s own policy to do so.

Client consent to the application of the Act and their right to access to their records are included within the firm’s terms of business/client agreement.

Any data collected must not be excessive and must be relevant to the purpose and it must not be kept longer than is necessary.

Information Commissioner’s Office (ICO)

The ICO has the power to issue monetary penalty notices of up to £500,000 for serious breaches of the Data Protection Act occurring on or after 6 April 2010, and serious breaches of the Privacy and Electronic Communications Regulations.

Privacy

Our Privacy policy is in full view on our website.  This section must be read in conjunction with the Privacy Policy.

It is the responsibility of the senior management of our firm to ensure this policy is effective through monitoring and complaints procedures.

All employees, affiliates and ARs dealing with customers have a responsibility to read, understand and implement this policy and to hold their own valid and appropriate Privacy policy where appropriate.

The Firm holds a valid Data Protection license and it is bound by the rules of the Data Protection Act 1998.  The full extent of the rules can be found at www.dataprotection.gov.uk.

The 8 principles that the 1984 Act introduced are as follows.  Data must be:

Criminal offences

A criminal offence is committed by the Firm or an individual member of staff if they knowingly or recklessly:

Uses of customer information

When submitting application forms to banks, insurance companies and other financial institutions, this means that personal data will, by default, also be submitted.  In these cases, clients will be informed that their personal data may be used.

The Firm will request client consent before any transfer of data takes place.  Clients will be asked to confirm that they are comfortable to have their personal data used in one or more of the following forms:

Post, telephone, email etc. subject to the conditions of the Data Protection Act.

Information Classification

 Definitions

The following definitions provide a summary of the information classification levels that have been adopted by our firm and which underpin the 8 principles of information security. These classification levels explicitly incorporate the Data Protection Act’s (“DPA”) definitions of Personal Data and Sensitive Personal Data, as laid out in our firm’s Data Protection Policy.

‘Confidential’ information has significant value for our firm, and unauthorised disclosure or dissemination could result in severe financial or reputational damage to us as an FCA authorised firm, including fines of up to £500,000 from the Information Commissioner’s Office.

Data that is defined by the Data Protection Act as Sensitive Personal Data falls into this category. Only those who explicitly need access must be granted it, and only to the least degree in order to do their work (the ‘need to know’ and ‘least privilege’ principles).  When held outside our firm, on mobile devices such as laptops, tablets or phones, or in transit, ‘Confidential’ information must be protected behind an explicit logon and encryption at the device, drive or file level.

‘Restricted’ information is subject to controls on access, such as only allowing valid logons from a small group of staff. ‘Restricted’ information must be held in such a manner that prevents unauthorised access i.e. on a system that requires a valid and appropriate user to log in before access is granted. Information defined as Personal Data by the Data Protection Act falls into this category. Disclosure or dissemination of this information is not intended, and may incur some negative publicity, but is unlikely to cause severe financial or reputational damage to our firm.  Note that under the Data Protection Act large datasets (>1000 records) of ‘Restricted’ information may become classified as Confidential, thereby requiring a higher level of access control.

‘Internal use’ information can be disclosed or disseminated by its owner to appropriate members of our firm, partners and other individuals, as appropriate by information owners without any restrictions on content or time of publication.

‘Public’ information can be disclosed or disseminated without any restrictions on content, audience or time of publication. Disclosure or dissemination of the information must not violate any applicable laws or regulations, such as privacy rules.  Modification must be restricted to individuals who have been explicitly approved by information owners to modify that information, and who have successfully authenticated themselves to the appropriate computer system.

Designating information as ‘Confidential’ involves significant costs in terms of implementation, hardware and ongoing resources, and makes data less mobile. For this reason, information owners making classification decisions must balance the risk of damage that could result from unauthorised access to, or disclosure of, the information against the cost of additional hardware, software or services required to protect it.

Examples

Security Level

Definitions

Examples

FOIA2000 / DPA1998 status

1. Confidential

Normally accessible only to specified and/or relevant members of our staff

DPA-defined Sensitive personal data:

·                     racial/ethnic origin

·                     political opinion

·                     religious beliefs

·                     trade union membership

·                     physical/mental health condition

·                     sexual life

·                     criminal record

·                     salary information

·                     individuals’ bank details

·                     passwords

·                     large aggregates of DPA-defined Personal Data (>1000 records) including elements such as name, address, telephone number.

·                     HR system data

Subject to significant scrutiny in relation to appropriate exemptions/ public interest and legal considerations.

2. Restricted

Normally accessible only to specified and/or relevant members of our staff

DPA-defined Personal Data (information that identifies living individuals including:

·                     home / work address

·                     age

·                     telephone number

·                     schools attended

·                     photographs

Subject to significant scrutiny in relation to appropriate exemptions/ public interest and legal considerations.

3. Internal Use

Normally accessible only to our staff

·                     Internal correspondence,

·                     internal group papers and minutes,

·                     information held under license company policy and procedures

Subject to scrutiny in relation to appropriate exemptions/ public interest and legal considerations

4.  Public

Accessible to all members of the public

·                     Company filed documents

·                     Company websites

Freely available on the website.

Explicit Information Ownership and Other Rights of Access to Information

We recommend that departments and functions within our business explicitly designate information owners.

Other users may have rights of access to data according to the terms of engagement under which the data was gained or created.

Granularity of Classification

The sets of information being classified should, in general, be large rather than small. Smaller units require more administrative effort, involve more decisions and add to complexity, thus decreasing the overall security.

 Information Retention

There may be minimum or maximum timescales for which information has to be kept. These may be mandated in a commercial contract. Other forms of information retention may be covered by environmental or financial regulations.

Responsibilities

All ‘Users’ must obtain authorisation from their line manager before their classification request is submitted to Senior Managers. Nerd FS is responsible for assessing information and classifying its sensitivity.

Violations

A violation of our Information Security Policy and supporting policy documents will be investigated and consequentially may result in disciplinary action which could include the termination of employment contract for employees, the termination of contractual relations in the case of third parties, contractors or consultants.

A violation of this policy and misuse of the systems and applications within our firm may also be a breach of the Computer Misuse Act 1990; consequentially the company may at its discretion take legal action against an individual or organisation that is found to be in breach of its policies.

How we may use customer data

 We may as a result of a consumer or a third parties’ interaction with our website/s obtain their personal data and process their information on our computers and in any other way.

By “third parties” we mean any lender, broker or affiliate who interacts with us in enabling a consumer to make a loan application.

We will use the information to manage their account(s), give them statements and provide our services, for research, assessment and analysis (including credit and/or behaviour scoring, market and product analysis) and to develop and improve our services to the consumer and other consumers and protect our interests.

We, and other carefully selected third parties, will use their information to inform them by post, fax, telephone or other electronic means, about other products and services (including those of others) which we believe may be of interest to them.

If they contact us, we may keep a record of that correspondence.

We will keep details of transactions they carry out through our site and of the fulfilment of their applications and their loan history.

We will keep details of their visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.

In order for us to be able to collect and use personal data and / or to pass If they do not want us to use their data in this way, or to pass their details on to third parties for marketing purposes, customers must manually opt in to this agreement (See CONC section of this Compliance Manual).

IP Addresses

 We may collect information about their computer, including where available their IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

Cookies

 For the same reason, we may obtain information about a consumer’s general internet usage by using a cookie file which is stored on their browser or the hard drive of their computer. Cookies contain information that is transferred to their computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate.

If they register with us or if they continue to use our site, they agree to our use of cookies.

Please note that our advertisers may also use cookies, over which we have no control.

Cookies can be blocked and a consumer may not be able to access all or parts of our site. Unless a consumer has adjusted their browser setting so that it will refuse cookies, our system will issue cookies as soon they visit our site.

Where we store data

The data that we collect from a consumer is stored within the European Economic Area ("EEA"). Such staff may be engaged in, among other things, the assessment and fulfilment of a consumer’s application, the processing of a consumer’s bank details and the provision of support services. By submitting their personal data, they agree to this transfer, storing or processing.  We will take all steps reasonably necessary to ensure that a consumer’s data is treated securely and in accordance with this privacy policy.

All information a consumer provides to us is stored on our secure servers. Any transactions will be encrypted. Where we have given (or where they have chosen) a password which enables you to access certain parts of our site, they are responsible for keeping this password confidential. We ask a consumer not to share a password with anyone.

The transmission of information via the internet is never completely secure. Although our systems exceed industry standards for security, and we will always do our best to protect a consumer’s personal data, we cannot guarantee the security of a consumer’s data transmitted to our site; any transmission is at their own risk. Once we have received their information, we will use strict procedures and security features to try to prevent unauthorised access.

Disclosure of information

We may disclose a consumer’s personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose a consumer’s personal information to third parties:

Credit Reference Agencies (CRAs)

When a customer makes an application for a credit, we will check whether they are likely to be able to meet the monthly payments and repay the loan.  However, we are limited in what we can actually do as we do not work directly with CRA’s as we are not eligible to do so.  We will work with what the applicant divulges on their fact find/application but we can only judge as accurately as the information given allows.

When we submit an application to a lender, it is normal practice for a lender to carry out a credit search with a CRA.  In the past, this would have left a search ‘footprint’ on the applicants’ credit file that may be seen by other lenders. Large numbers of applications made within a short period of time would adversely affect a customer’s ability to obtain credit, and they should always consider this before making an application for a loan.

However, the lenders that we have chosen to deal with offer a facility known as a ‘quotation’ search, which does not leave a footprint. This is in line with CONC 2.5.7 which suggests that during the ‘shopping around’ process of the customer, the lenders that we promote should only use a ‘quotation search’, which does not leave a footprint.

Access to information

The Act gives a consumer the right to access information held about them. Your right of access can be exercised in accordance with the Act. Any subject access request may be subject to a fee of £10 to meet our costs in providing them with details of the information we hold about them.

Changes to our Privacy Policy

 Any changes we may make to our privacy policy in the future will be posted on our web page, and, if appropriate, notified to consumers by e-mail.

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to moneynerduk (at) gmail.com.

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