Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
This is my second thread on here as I am trying to sort out all my loose ends with the banks.
Here is my dilemma.
I moved to a joint account Sept 2005 with my partner. The new bank (First Direct) arranged for all my direct debits to be moved across as part of there service.
Due to Abbey not receiving my letter of "Change of address" I did not receive any letters from them until I found out that Egg had been trying to take money out twice a month for around 3 months. This resulted in big bank charges from both parties. It is sort of my fault but Egg did not write until the third month.
Anyway Feb 2006 I finally straightened out the payments, I was completely up to date, all charges had been paid off and a direct debit was set up from egg with my new account details. Even thought this was the case I received a letter every month from Egg saying that the DD has not been paid - however according to my bank statement this was not the case as £100.23 was leaving my account for Egg on the 27th of every month.
I repeatedly rang Egg and every time I spoke with a reasonable person on the phone who assured me that this was a computer error and they had defiantly received my payments.
This is where it gets interesting. I recently came back from getting married last week where a nice latter from Moorcroft Debt Recovery was sitting at the door. The letter reads as follows.....
We have been instructed by EGG
To collect your overdue debt of £6296.28
It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. This letter fulfils this requirement even if it is not actually read by you.
It then goes on to say how I must contact them by 10:00am that day or they will proceed with the courts. I immediately rang Egg explaining there mistake and I was told by 3 different people that they could not talk to me any longer as did not have anything to do with my account.
Can they do this??? Is it legal???
I have bank statements proving that all payments have been made and even 3 weeks before this letter a DD was taken from my account by Egg for the correct amount.
I am prepared to go the full way with this as I have had enough of being bullied by financial companies so any advice on this matter would be most appreciated.
This is my second thread on here as I am trying to sort out all my loose ends with the banks.
Here is my dilemma.
I moved to a joint account Sept 2005 with my partner. The new bank (First Direct) arranged for all my direct debits to be moved across as part of there service.
Due to Abbey not receiving my letter of "Change of address" I did not receive any letters from them until I found out that Egg had been trying to take money out twice a month for around 3 months. This resulted in big bank charges from both parties. It is sort of my fault but Egg did not write until the third month.
Anyway Feb 2006 I finally straightened out the payments, I was completely up to date, all charges had been paid off and a direct debit was set up from egg with my new account details. Even thought this was the case I received a letter every month from Egg saying that the DD has not been paid - however according to my bank statement this was not the case as £100.23 was leaving my account for Egg on the 27th of every month.
I repeatedly rang Egg and every time I spoke with a reasonable person on the phone who assured me that this was a computer error and they had defiantly received my payments.
This is where it gets interesting. I recently came back from getting married last week where a nice latter from Moorcroft Debt Recovery was sitting at the door. The letter reads as follows.....
We have been instructed by EGG
To collect your overdue debt of £6296.28
It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. This letter fulfils this requirement even if it is not actually read by you.
It then goes on to say how I must contact them by 10:00am that day or they will proceed with the courts. I immediately rang Egg explaining there mistake and I was told by 3 different people that they could not talk to me any longer as did not have anything to do with my account.
Can they do this??? Is it legal???
I have bank statements proving that all payments have been made and even 3 weeks before this letter a DD was taken from my account by Egg for the correct amount.
I am prepared to go the full way with this as I have had enough of being bullied by financial companies so any advice on this matter would be most appreciated.
Regards
A
That's typical of Humptey Dumptey when they cock up it's never their fault.Go for the jugular that's my best advice.
The first thing is to knock Moorcroft into the long grass by going to the url listed
below and copying the letter from Rooster [thanks Rooster] so that you can turn your sights on Egg. http://www.consumeractiongroup.co.uk...moorcroft.html
There are others on this site more able than I to advise you on your next step, but first make 100% certain that you have paid all the payments. And make sure all
future communication to Egg is by letter only.
You may also need to look at your credit file with Experian etc and see if Egg
are saying that you are up to date or in arrears, or in default.
Then it depends how hard you want to hit Egg. If you can afford it, use a
solicitor to screw every penny out of them. What a shame you cannot reverse the
tables on them and send in the bailiffs just yet.
If they have defaulted you,then defamation of character is one charge you can levy.
I cannot tell you at the moment as the experion website is down. But when i looked earlier it showed as 2 missed payments (late payments but paid) in feb and march and then the rest were all paid. The final one was a "U" meaning not updated yet.
I am so *****ed off i would be prepared to take a loan out to pay for it... ;o)... Only Joking, Ive had enough of Loans to last me a life time!
Seems strange then that they should be chasing you. Are they also trying to
collect from your old bank, or perhaps someone with the same or similar name to you?
I know it is no joking matter for you, but wouldn't it be fun if moorcroft continued
chasing you after you sent them that letter? Then they would find out what harassment was.
Try and ask to have your call elevated to a manager, before talking about moorcroft, so they don't tell you to go and talk to them..
BUt really just send recorded delivery letters to their customer services informing them that they are acting unreasonably and unlawfully - you have been told on the phone that it's fine (you could imply you recorded them!), and if necessary you will do a data request for those conversations, you are including proof in the form of statements that payments have been taken, they have unlawfully disclosed your data to Moorcroft and you will take legal action against them if they don't rectify the matter immediately.
Thanks everyone for your help on this. After taking your advice i was called by Egg who appologised for the situation i was in. Think they had been looking on here as something they said to me did not ever come up in conversation with them.
Anyway, my account has been moved back to egg and morecroft have written to confirm i am no longer registered with them.
All thats left now is Abbey to sort out!!! and maybe then the Halifax....