Intelligent Finance Selling on Debt

[Saintlvr]

Hi,

 

Firstly apologies if this is in the wrong place!

 

We have filed a claim on Bank charges with intelligent finance. Our account which is no longer in use is overdrawn due to charges alone, so we filed the claim just before they were put on hold while OFT goes through the courts.

 

Our dilemma is, IF have passed on the Debt to Moorcroft debt collection & they are now pursuing us for the re-payment despite IF knowing the debt is in dispute waiting for the courts outcome.

 

Please can someone give any advice on whether IF can do this & how best to deal with Moorcroft on this issue?

 

Many thanks

Kathy

[Bazooka Boo]

Yes, the account should be in dispute as you are claiming back bank charges, so you can report IF to the following, also you should ask IF for their full complaints procedure and that of the other threat monkeys 'moocr@p'

 

The Office of Fair Trading: Contact us

 

Consumer Direct who will also inform Trading Standards

 

Financial Ombudsman Service

 

How to Complain

[Saintlvr]

Thanks, will get onto that.

 

Apparently when my husband spoke to IF they told him that it doesnt make any difference if they sell or pass on the debt, as if it is a positive court outcome we would still get our money back? I find that odd, as debt agencies ect then add on charges & trying to get money back from them would be a nightmare!

[Bazooka Boo]

P.S Also, do not talk to Moorcr@p over the phone, tell them you want everything in writing 'only'

If they begin huffing and puffing and threatening all and sundry just ignore them, the account is in dispute and it was when they were sold the lemon!

 

- HARASSMENT WARNING -

 

WARNING: PROTECTION FROM HARASSMENT ACT 1997

 

 

 

Telephone Number:

 

Re: Harassment by Telephone

 

 

 

** *** 2009

 

 

Dear Sir/Madam

 

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have requested that these calls stop, but I am still receiving calls. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued calling puts you in breach of the Protection from Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to myself, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner will result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you will be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

[Bazooka Boo]

Apparently when my husband spoke to IF they told him that it doesnt make any difference if they sell or pass on the debt, as if it is a positive court outcome we would still get our money back? I find that odd, as debt agencies ect then add on charges & trying to get money back from them would be a nightmare!

 

That is exactly why your advised not to speak to them over the phone, unless you are recording your phone calls? And unless you can, then you will have no evidence of that phone call!

 

Don't pay anyone anything! If you are in the process of claiming bank charges back from 'IF' then they had no right to sell on your account as a debt.

Which is why you must now go down the formal complaints procedure, if 'IF' are too arrogant to follow their own complaints procedure then that is their look out!

 

Complain to all those I posted above, DCA's fees are unenforceable, they have to take you to court first, and explain to the judge why they have added 100% fees to your outstanding debt, and they won't do that because they know the judge will laugh them all the way out of the court room!

 

Ignore them, complain about them also to the OFT.

[Saintlvr]

Brilliant Thanks!

 

Where it states "I/we have no knowledge of any such debt being owed to (insert company name). " can we say that as technically we do owe the debt to IF & if the OFT are unsuccessful then we have to pay it back

[Bazooka Boo]

when my husband spoke to IF they told him that it doesnt make any difference if they sell or pass on the debt, as if it is a positive court outcome we would still get our money back?

 

Perfect example of their uncertainty, not only do DCA's like to use 'if, may, might, could, would' etc in their threatogrammes, even the Original Creditor (OC) can't commit themselves because they know only too well it won't end up in court!

[Saintlvr]

Don't pay anyone anything! If you are in the process of claiming bank charges back from 'IF' then they had no right to sell on your account as a debt.

 

Right, we have a small token payment set up, so should I cancel that?

 

Moorcroft rang here at 8.30pm, i told them we only deal in writing & will not take anymore of their calls, he kept trying to interrupt, so i repeated what i had said & then hung up .. arrogant little s**t he was too!

[Bazooka Boo]

Where it states "I/we have no knowledge of any such debt being owed to (insert company name).

 

No just put you have no idea of any debt to moorcr@p

 

And the fact that you are bemused as to why they were sold this debt when it is already in dispute with IF.

 

Who is the token payment set up with? IF or Moorcr@p?

If it is with IF and they have sold it on then cancel all payments and add them to your bank charges claim aswell.

[Bazooka Boo]

arrogant little s**t he was too!

 

:DExactly why you don't speak to them on the phone, unless your recording it, and baiting them:lol::lol:

[mr.ton]

Right, we have a small token payment set up, so should I cancel that?

 

Moorcroft rang here at 8.30pm, i told them we only deal in writing & will not take anymore of their calls, he kept trying to interrupt, so i repeated what i had said & then hung up .. arrogant little s**t he was too!

 

Report them to the OFT.

[Saintlvr]

It is with IF, Moorcroft have only recently contacted us this week about it. I will cancel the payment to IF now

[Bazooka Boo]

Did 'IF' send you a default notice, or notice of assignment? How did you find out Moorcr@p had bought the account?

 

I'm sure their is something I have read about having made an agreement with a company who then sell it on regardless!

It might be in the CPUTR somewhere?

[Saintlvr]

It was a letter my husband got from IF the other day that stated the debt & their usual threats etc, cant honestly remember IF sending us anything other than the usual letter to re-pay the debt which is when we spoke to them about it being in dispute for the charges etc.

 

Whats CPURT?

[Bazooka Boo]

Whats CPURT?

 

The Consumer Protection from Unfair Trading Regulations 2008 No.

[Bazooka Boo]

But don't think so??

Will try and find it!