Charges No longer a reason for dispute

[natalie]

I've just had a call from Moorcroft on behalf of Halifax Bank regarding an overdraft of £1500. About £1k of that is charges, I sent a Subject Access Request a year ago and had no joy. They claimed not to have received it even though it has been sent 3 times, twice not signed for, the third time it was signed for.

 

Moorcroft have just told me that I cannot delay payment because of dispute when the reason for the dispute is charges, because the case failed and so charges are no longer classed as a valid dispute.

 

I'm sure this is wrong but wanted to check with you guys first.

[caro]

Surely your dispute is with HBOS, so it's not up to Moorcroft to decide if you have a valid reason for the dispute. Cheeky blighters.

[steven4064]

"...because the case failed..." is being economical with the truth. The OFT failed in their attempt to judge bank charges for fairness under regulation 6 of the unfair terms in consumer contracts regulations 1999. However, the Supreme Court said that there is a way open to challenge the fairness of bank charges under regulation 5. Not exactly an out and out failure

[natalie]

Brilliant thank you.

 

I am going to write a letter to Moorcroft now telling them that the dispute is valid.

 

Do you think I should send ANOTHER SAR to halifax? Its getting very tiresome. None of the postal orders have been cashed.

[dx100uk]

stop talking to these muppets on the phone!

 

your SAR should go to HBOS not moorcrap

 

how old is this debt?

 

moorcrap are bottom feeding fleecers that often try their hand in collecting debts that are almost sb'ed or uncollectable and 'sold-off' by the OC..

pers i'd ignore them .

 

dx

[natalie]

I dont know how they got my phone number, I dont usually take calls from creditors, but it took me unawares as I have changed my number and havent had a call for some time. I was expecting a call from an estate agent and thought it was them so confirmed my name.

 

The SAR will be going to Halifax, but as they have failed to acknowledge the last 3 I've sent I dont hold out much hope.

 

Can someone direct me to the OFT guidelines where it says about deliberately misleading.

 

and the debt isnt statute barred. I only stopped paying them 2 years ago.

[steven4064]

http://www.oft.gov.uk/OFTwork/publications/publication-categories/guidance/consumer_credit_act/oft664

[dx100uk]

who is chasing you?

and why do you need to sar them?

 

dx

[natalie]

Thanks Steven

 

DX - Moorcroft is chasing me for a Halifax OD. I have sent 3 SARs to Halifax in the last year. They claim not to have received any of them. 2 havent been signed for, 1 has. But none of the POs were cashed. I'm asking should I bother sending another one?

 

Moorcroft is new to this account after it was handed back to Halifax when I wrote to the last DCA (Westcot) telling them the account was in dispute.

[dx100uk]

haha

 

moorcrap

 

ignore them

they are bottom feeding fleecers.

 

prob been brought by them because the bank sold it off years ago as unrecoverable.

 

pers i'd ignore them

 

there is nowt they can do to you.

 

dx

[citizenB]

Brilliant thank you.

 

I am going to write a letter to Moorcroft now telling them that the dispute is valid.

 

Do you think I should send ANOTHER SAR to halifax? Its getting very tiresome. None of the postal orders have been cashed.

 

 

Send your SAR to their registered office. You will stand more chance of it being signed for there.

 

The Mound

Edinburgh

EH1 1YZ

 

If your Postal orders have not been cashed then you should be able to get a refund, use the receipt that you were given at the time you purchased it. You can get a form from the Post office. Do make sure you photocopy the receipt before sending it off. I would think you could also reclaim the cost of postage if there is no signature or delivery date recorded on the RM website. So if you have the RD/SD proof of posting then make a complaint for that as well.

 

It does seem rather odd that 2 or more SARs have not been signed for and the postal orders not cashed.

 

You can check if a postal order has been cashed by telephoning the post office on : 01246 542091

[questioner]

Oh heck no - don't ignore them punish them for this undue harassment!

 

Send Moroncroft advice that you will be invoicing 'them' for your admin fee if they solicit any further responses from you that are not advice of either a court summons or closure of your file.

 

Then watch how quickly thing change!

 

Simple and effective way to beat 99% of all know filthy little DCA germs...

 

 

They have been feeding off us like parasites for years - so its now PAY BACK time folks..........

 

Oh yeah - and invest in a Truecall - end of story for DCA **** and back to the gardening for you!

Edited June 26, 2010 by questioner