moorcroft debt

[mum_of_1]

i had a student account with natwest which was around 1250 and was passed to moorcroft i have been paying it off at £40 per month which i am struggling to afford i told them this bu they said £40 is the minimum payment they will accept is this true or can i fight them to lower it and how do i go about it

[twofoot]

Pay them what you can afford. Firstly you need to be sure they have the right to collect the debt. Have they bought the debt or are they collecting on behalf of a creditor. Have you had a proper notice of assignment. How old is the debt. Tell us as much as you can about the debt and your circumstances and you will get lots of help.

[mum_of_1]

they are collecting on behalf of natwest the debt is from about 18 months ago. im still at uni and i wasnt using the account for a certain amount of time so they shut it down and tried to claim overdraft we are currently forking out on llyods debts to this is a bit much not had a proper notice of assignment

[havinastella]

These people are no ones. They have NO right to tell you how much to pay.

 

YOU pay what you can afford. NOTHING more.

 

JOgs

[lilly white]

Just pay what you can need any more help just shout

[mum_of_1]

i had a big argument with them wen i already lowered it first time it was at £50 per month and then i said i cudn't afford so was lowered to £40 as it was lowest they wud agree to go so can i write to them wanting to lower the payments each month as account is closed so it isnt affceting my actual bank account

[lilly white]

what ever you can afford.

 

 

ALSO THE GOLDEN RULE DO NOT SPEAK TO THEM ON THE PHONE AGAIN

 

ALL BY LETTER.

 

 

REGARDS LILLY

[mum_of_1]

ok but its done by direct debit so do i write a letter and wait for response then cancel as direct debit is going out on 1st june

[havinastella]

JESUS, Cancel the DD NOW.

 

Never pay a DCA by DD as they can take whatever they want!

 

Jogs

[The GodMother]

cancel the DD and tell the bank u dont want it re isntating as the money is not owed.

[mum_of_1]

before the first june?? wat about payment im new to this

[Uptotheneck]

Whatever it is you are going to pay them, set up a standing order, they cannot change that.

 

 

Regards

 

David

[The GodMother]

a long as they get money they wont care.

 

U have the option of writing to them and telling them ur account has been comprimised and the bank is stopping all payments and as result you need to have payment bank details so u can pay by standing order till further notice under your banks orders.

 

Failing that i know i have bank details for moorcroft around here somewhere

[mum_of_1]

thanks i will cancel dd and c what happens fromthere after i have written to them

[Zorro01]

i had a student account with natwest which was around 1250 and was passed to moorcroft i have been paying it off at £40 per month which i am struggling to afford i told them this bu they said £40 is the minimum payment they will accept is this true or can i fight them to lower it and how do i go about it

 

They told me the minimum payment allowed is £5.00 per month. But because I am totally broke I pay them a pound as it is all I can afford at the moment and as of today I am bringing the account with them in to dispute.

Remember don't speak to them on the phone tell them to send you letters...WHY? Because they are a complete gits over the phone and they won't dare put the kind of stuff they say over the phone on a letter.

Play them at there own game aswell.

Dont sign anything from them or confirm any specifics over the phone.

There is also a good chance that they don't have any real hard evidence against you for this debt as I found out the same recently. Can they inforce the debt? I don't know but get them to send you proof via a CCA request.

[mr.ton]

mum of 1 - you shouldnt be paying them anything at all as they have no legal powers to money off you, only a county court does.

So stop all payments immediately, cancel the DD, demand a full refund on what you've paid them already & report them to the OFT/trading standards.

[mum_of_1]

but i spent the money its not for charges just what i spent from overdraft surely i cant refuse to pay wat i spent?? i dont really understand how it all works

[Zorro01]

but i spent the money its not for charges just what i spent from overdraft surely i cant refuse to pay wat i spent?? i dont really understand how it all works

 

but can they uphold the debt. do they have your signed agreement? if not then they can't make any demands against you to pay up and you can then pay what you can afford.

 

From what I can tell.. you have been trying your best to sort this out with them and they in return for your efforts are trying to hard ball you and frustrate you in to just agreeing to their terms of payment and when you physically haven't got the funds to do so is not fair on you but they will not care about that and only care about your money. Send them a CCA request to moorcroft and not the origional creditor and don't admit anything else to them. Then when they don't send it or can't find it they have to agree to your terms and can not enforce the debt, court action, door collections etc etc. They tried it with me but they can't enforce it as all the info they have on me is My name, address, and a figure of monies owed it is at this point they hope their threats will be enough to make you pay up - thats pretty much how most of them operate. And in regards to having hard evidence on you from what I can gather most of these DCA's are lazy when it comes to having the full facts on people like you and me so make them work for it. You have done your bit from what I can tell. Any if they call just say they have to corrspond with you by letter only.

[mum_of_1]

ok i will put in a letter all this. do u mean a cca signed by me to the bank or moorcroft. i cant remember wat i signed wen i opened the account really so they may in fact have a cca i dont know

[Zorro01]

Forget the bank and just deal with moorcroft they are dealing with your debt so make them do the work here is a CCA template for you to use - if they ring tell them to post and hang up.

 

There are loads more templates on the site.

It would be worth while adding to this letter that you only wanted to be contacted by mail and not the telephone. If they keep calling come back on here and you will get further solutions to dealing with them.

Dear Sir/Madam

 

Re:− Account/Reference Number *********************

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

DO NOT SIGN THE LETTER and don't forget the £1 postal order. They have 12 days to sort it out before the next step

 

[mr.ton]

but i spent the money its not for charges just what i spent from overdraft surely i cant refuse to pay wat i spent?? i dont really understand how it all works

 

It matters not.

The DCA has no legal powers to obtain money off you - plain & simple.

Only a county court does - so its for them to obtain monies off you - not the DCA.

So like i said - stop all payments immediately, demand full refund & report them to the OFT/trading standards & even the police (not 999) for obtaining monies off you through threats/deception effectivley.

[babybear39]

Bank accounts and ODs are NOT covered by the CCA 1974 or CCA 2006

[babybear39]

You need to SAR the original creditor to see if there are any charges etc...

[Zorro01]

My bad.

I give a bit of bad info out there but thanks for clearing things up BB.

They still got to send you any info if you send them the SAR and then I suppose take it from there.

Once again good luck

[lilly white]

May I Ask What Type Of Account Is It.