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claiming my bank charges back from Yorkshire bank - Moorcroft (again)


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Ok, im claiming my bank charges back from Yorkshire bank from a closed joint account. This account was closed with 1200 owing from an overdraught that was made up of charges.

 

Moorcroft today sent me a letter "notice of intended litigation"

Stated I need to pay in full before 09/09. If not paid they will go to court and balance will become 1446 etc etc .

 

Now my issues are I cannot pay in full and do not want to arrange payments for somthing im disputing in court etc.

 

If YB do refund my charges I bet they use it to clear this debt before sending cheque anyway.

 

So I really need help in writing a letter to moorcroft asking them to hold it or whatever you guys suggest.

 

ty in advance.

 

 

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Moorcroft are simply bluffing and trying to make life easier for themselves by collecting the full amount in as short a time as possible. If they take legal action against you by way of a court claim the judge will order you to pay no more than you can afford. A £1 a month if that's all you can afford so Moorcroft will have to wait for a very long time to complete the collection. They will also have to pay the costs up front and they may end up with nothing. It must also be said that they cannot take legal action unless the original creditor instructs them to do so. Halifax would be silly to do that knowing they are being chased for the return of charges. Stop worrying.

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More to the point - if you are already in the process of claiming your charges back from YB they shouldn't have passed this over to Moorcroft

 

Send Moorcroft a letter advising the balance is currently in dispute with the creditor and you advise they contact them to discuss it

 

They will tell you they'll put things on hold for a couple of weeks but request they return the file to the creditor as the balance will be cleared when the dispute is resolved

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And don't forget to rap YB over their knuckles for this. The banking code clearly states that collections activities will not take place on any funds which are in dispute & even though the account has been closed this still applies.

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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And don't forget to rap YB over their knuckles for this. The banking code clearly states that collections activities will not take place on any funds which are in dispute & even though the account has been closed this still applies.

...and... if the account has been closed hasn't YB fallen foul of the Data Protection Act? Since it no longer has your permission to pass on your data to third parties? (Dammit, I need to start bookmarking more - can't find the link but search the forum)

Best wishes

Livity (it's better than "free-dumb")

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although my account with capital one is in dispute they have passed it on to nco europe who are repeatedly phoning my house.. i have told them the account is in dispute because cap one owe me money and they asked me to pay the balance??!!! also they said they cannot freeze the account until ive made a payment of £20 at least.. have cap one breached the banking code? and if so do i have to pay these people anything?

cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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Received another letter today from Moorcroft regarding debt with Yorkshire bank.

 

Send Moorcroft a letter advising the balance is currently in dispute with the creditor and you advise they contact them to discuss it

 

Can anyone please help with this letter as im not too good at writing letters and doesnt seem to be a template for this.

 

 

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Can I claim back charges from my creditor even though the debt is now and has been for sometime with a DCA?

 

Yes claim back from whoever charged you - it was their choice to sell debt not yours

 

...and... if the account has been closed hasn't YB fallen foul of the Data Protection Act? Since it no longer has your permission to pass on your data to third parties? (Dammit, I need to start bookmarking more - can't find the link but search the forum)

 

No - they can sell debt on to 3rd party, just cos it is closed doesn't mean you don't owe it, the processing of data on closed accounts is different thing

Consumer Health Forums - where you can discuss any health or relationship matters.

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