Albion AND Moorcrap chasing same debt amazon HBOS credit card

[Big Shoooz]

My OH has an outstanding debt with BOS for which Albion have recently been chasing payment for.

 

He sent a payment offer to Albion via email over one week ago and received no response but

now he has received a letter from Moorcrap saying that BOS have instructed them to chase the debt.

 

Shouldn't my OH have received a Notice Of Assignment from BOS first?

 

I need to send a response to Moorcrap today so how should I do this?

 

Should I send a Prove It letter to Moorcrap and if so do I mention Albion

and the fact that no LOA has been received from BOS?

 

Should I send a CCA request to Moorcrap?

 

Help please!!

[ims21]

Hi there

 

Notice of assignment is relevant where a debt is sold. bos have probably just asked moorcrap to collect rather than selling the debt.

 

Personally I'd deal with the OC direct and forget about moorcrap.

 

All communication in writing of course....do not talk to them on the phone

 

ims

[dx100uk]

tell us the history of this debt please

 

for now ignore everyone

 

dx

[Big Shoooz]

I'm not going into too much detail because you never know who is spying on this site but

 

it's a credit card debt which my OH can no longer manage the payments on due to being sick and now on benefits.

 

He's written to BOS but he never gets any response from them.

 

He HAS to respond to Moorcrap as they have given him a deadline or else they may start legal proceedings.

[dx100uk]

HE DOES NOT HAVE TO CONTACT AMYONE!!

who do moor crap thibk they are:

 

they certainly dont have ANY legal powers to demand anyone does anything.

 

i take it that your've been talking to these fleecers on the phone?

 

now can we have the history with dates please

 

and you can name whomever you want

 

why are you scared?

 

dx

[Big Shoooz]

I think he needs to contact someone as otherwise it is if he is ignoring the debt and this will look bad on him if it went to court.

 

He's probably missed about 4 payments or so since he became too ill to work.

 

I myself have debts which have remain unpaid for a lot longer than this so I'm suprised at the speed by which it is being chased but

 

I guess that's because it is about £10k.

 

Only scared in case this thread is being noted by one of the DCA/OC's and gets used as evidence if taken to court.

[dx100uk]

what eveidence

 

we dont do anything illegal here

 

we are not about debt avoidance.

 

p'hap it might help you if you go self help then

 

read seq's blog

 

but i strongly advise not contacting them until we know the complete story

 

you seem to be thinking these jokers can do things to you they cant

 

the are a DCA they have NO LEGAL POWERS

 

do some reading in this forum

 

dx

 

 

dx

[Tootles1971]

You can trust the guys on this site.

 

If you give details of dates etc they will be able to help you more.

 

The DCAs just want cash they don't care about whether you can afford it or not.

 

What we do on this site is stick up for the little people who are in debt and need a way out of the mire.

 

They will tell you all sorts of things they MAY do, but unless it goes to court they can do nothing to you.

 

If your OH is on benefits then a judge would not make you pay more than you can afford.

 

If we know dates, which company etc etc there are people who have lots of experience who can help you.

 

For your own peace of mind, work out income and expenditure, and see what you actually have

after all the essential bills, food, clothing etc etc are accounted for.

Whatever you have left is all you have to play with.

 

NEVER offer more than you can physically manage, and do not talk to these DCAs on the phone at all.

 

Everything in writing. That way YOU have the proof you are trying to do your best to pay the debt back.

 

If they are collecting on behalf of the OC, then deal with the OC only.

 

Sarah

[Big Shoooz]

Thanks for your reassurance Sarah.

 

The fact is, my OH wants to avoid this getting as far as court and so we feel it's best to communicate (in writing) with these guys to keep them sweet.

 

There are so many people on this site communicating with DCAs so I can't understand why DX has told me not to.

 

As I said before, the OC is not responding back to communication so my OH has to communicate with someone.

 

Ignoring the debt will not make it go away and will probaly only produce court papers / statutory demand.

 

We don't want it to get to that point.

[dx100uk]

we need to know the history.......

 

what type of debt is it? CC bank a/c, loan.....

when was your last use/financial transaction eitherway.

when was if first taken out?

[Big Shoooz]

we need to know the history.......

 

what type of debt is it? CC bank a/c, loan.....

when was your last use/financial transaction eitherway.

when was if first taken out?

 

Hi DX,

As I said earlier, it's a credit card.

 

I will have to check on your other 2 points but I think it was taken out in 2007

and the last transaction was about 4 or 5 months ago (payment not purchase)

[ims21]

Hi Shooz

Just got in from work and want to give you some more reassurance.

You can trust dx....he has given me invaluable help (so far )

and has also prompted me to research and read to become stronger and more effective against idiots like Moorcroft and the like.

 

I would say ignore Moorcroft.

They can do nothing to you.

 

Only the OC can take you to court and you are a long way off that.

Again, if it was me, I would still be communicating with the OC and insisting on replies.

 

If, as you say, they ar not responding at all in writing,

then you of course have an instant defence that you have been writing to them to try

and sort things out but it is they that have not responded to your correspondence.

 

Don't think Mr or Mrs Judge would look on tha favourably.

 

As its a credit card, are there charges etc you can claim back to reduce the balance outstanding?

 

Also, the reason you see people communicating with DCAs is possibly because they have done so before finding CAG

OR that they have fallen onto the trap of being intimidated by the DCA.

The Debt Collection Industry is disgusting.

 

This site is all about taking control and fighting back so get your boxing gloves on with these people.

 

Hope I've given some reassurance

 

ims

[Big Shoooz]

Hi Ims,

Thanks for your further reassurance.

 

This is the first time my OH has been in debt,

although I have myself for some years now and am dealing with DCA's so that's why I thought my OH should too.

 

Just to keep the wolf from the door.....obviously not!!

 

As this is a very large debt and BOS a very large company I'm really worried about this being taken to the next stage.

 

We can carry on writing to BOS but

 

do you think I should write to Moorcrap just to say that my OH is not going to deal with MC, only BOS?

I just think it covers him really.BTW,

 

what is the timescale for things to progress to the next step if my OH cannot keep up his payments

or BOS will not accept token payments?

 

As I said before, this BOS debt seems to be moving far quicker than any of my debts have so

I'm really worried due to the size of it.

 

We don't own our home but we do have vehicles (our only assets) so I'm worried they could get taken off us.

[ims21]

Hi

 

Don't worry about vehicles...this loan is not classed as priority debt....it is not like council tax etc.

 

You are months away from court....Moorcroft will issue many threat-o-grams which have no substance.

 

Your OH has very good reasons for ending up in this position. Being sick and on benefits is, I guess, a complete change in circumstances to those which were in place when the loan was taken out.

 

Don't think of them as big companies which are all-powerful. I thought that once upon a time and someone here told me not to think of them as Big Guns just members of an unscrupulous (sorry of thats spelled wrong) industry which issues threats and intimidates people.

 

If it were me I'd resume correspondence with the OC and I wouldn't waste the paper or stamp on Moorcroft.

 

If the OC doesn't respond, you can, with the aid of previous correspondence, lodge a complaint with the various authorities.

 

ims

[Big Shoooz]

Thanks ims, I feel much better now.

If BOS petition for bankruptcy, they could get the vehicles that way couldn't they?

 

With regards to claiming back charges, which charges can be claimed? My OH has incurred late payment fees and exceeding the credit limit fees since he's been I'll but surely he can't claim those back since it's his fault he has not paid?

[ims21]

Hi

 

Before we get into bankruptcy, being hung, drawn and quartered etc., may we know the amount outstanding?

 

If your OH has late payment fees on the account and, indeed overlimit fees, these can all be claimed back with interest. So depending on the size of the debt and the dates these charges were applied, the claim ight make a good dent in the amount owed.

 

Have yuu kept a paper trail of correspondence in this matter i.e. with the OC and Albion?

 

ims

[ims21]

Hi

 

Are you able to post up the Moorcroft letter (MINUS ANY PERSONAL INFO, BARCODES ETC)?

 

ims

[Mrs E Blackadder]

Hi Big Shoooz

 

I just thought I would let you know that Moorcrap have been sending their threat letters to my ex for about 3 years. I actually have no idea where he is, and I don't even bother to send the letters back to Moorcrap now because they don't believe me that he is no longer here. However, despite all their threatograms, over useage of the postal system and very colourful array of envelopes, they have never once taken the absent OH to court. The occassional letter still appears now and then, but I just put it through the shredder and the hamster is very grateful for a change of bedding.

 

Just like other people on here have said, I would consider it very unlikely that Moorcrap will do much more than send you threat after threat about what they MAY do. Most of the time it would appear that, when challenged, they can't come up with the necessary paperwork anyway so have to go away with their tail between their legs.

 

I know that it's easier said than done, but please don't worry about them. They won't go away immediately, especially if they think they are in with any chance at all of getting money out of you, so look at the advice you are given on here and they will so much easier to deal with.

[ims21]

Hi Mrs B

 

I'd have thought the hamster deserves better quality bedding than this

 

ims

Edited May 26, 2011 by ims21

[Big Shoooz]

Thanks so much to all of you for making us feel less depressed about this situation.

We are so grateful

I will post a copy of the Moorcrap letter in a short while.

 

The original credit limit of the BOS card was £9200 and the balance now stands at £10605.

 

I have kept a paper trail for all parties involved.

 

Incidently, the latest statement from BOS shows interest charges of £225.99 added to the balance

and I've just notice that it looks like they have credited £12.00 to the account

so it looks like they may have already refunded a late payment fee,

even though my OH has had no notification of that.

 

Can any of these interest charges be reclaimed?

 

The minimum payment they are asking for by 31st May is £1658.96...

 

..dream on BOS!!

 

I'm sure my pet rats wouldn't mind ending up with this junk for their bedding either....lucky for them they can't read!!

[Big Shoooz]

Ok, here's the offending article from Moorcrap.....

Hope it's readable.

 

BTW, I was thinking of sending an email for my OH to Moorcrap along the following lines

(I know you've all told me to ignore them but we feel we should have our say).

 

What do you think?

 

Dear Moorcroft,

I am writing with reference to your letter dated 20th May 2011 asking me to contact you by 27th May

with a repayment plan for the outstanding balance on my BOS credit card.

 

Firstly,

due to the lack of time you have given me to respond to your letter,

don’t you think you would have been wiser to send it by First Class post and not Second Class because I didn’t receive it until 24th May??

 

Secondly,

I am being chased for repayment of this debt by both yourselves and Albion Collections and

I understand that it is against OFT rules for a debt to be chased by more than one party at the same time.

 

I have also received no notification from BOS that they have assigned the debt over to either Moorcroft or Albion

so if you do not want to be involved in being in trouble with the OFT or Financial Ombudsman

then I urge you to contact your client (BOS) immediately to inform them that I will only deal with BOS directly

until such a time that the debt is sold on elsewhere.

 

You can see the email I sent below to Albion

[A COPY WILL BE FORWARDED TO MOORCROFT BUT NO NEED TO ATTACH IT HERE AS I’M SURE YOU WILL GET THE GIST OF IT’S CONTENTS]

(for which I have still not received a response)

clearly shows my current health and financial situation. I

 

am willing to pay the £1 a month token payment but at the moment I am very confused about who I should be making this payment to.

 

I will therefore offer it directly to BOS and you are more than welcome to inform them of this.

 

I shall be writing separately to BOS to re-iterate what I have stated above.

 

I demand that you chase me no further for this debt until you can prove you have a right to collect it.

 

I look forward to your comments on this matter.

 

Please note, due to my illness, all communication should be made in writing only.

You are welcome to correspond by email if you wish.

Regards

 

Sorry for the delay, been having computer problems. Please see attached Moorcroft letter in PDF format.

Do you think I should respond with my draft letter above or totally ignore it and only deal with the OC?

 

Sorry that was not pdf...THIS is pdf!!

Moorcroft 20-05-11 pdf.pdf

[brokebutnotbeatn]

My advice is not to send the email. But your pics show you are clearly nuts (I mean this in a nice way!) so...

[Big Shoooz]

My advice is not to send the email. But your pics show you are clearly nuts (I mean this in a nice way!) so...

 

Thanks for your advice Brokenbutnotbeatn....does anyone else have any advice to offer please?

 

Do you think it's possible to reclaim any charges back? Do we need to send a SAR to BOS to do this?

 

BTW, Broken...the ratty pix are DX's not mine....but I do have a rat which looks exactly like that and another rat too so I guess I'm equally mad!! No offence taken by the way!

[brokebutnotbeatn]

You SAR the original lender,

you CCA the person attempting to collect (although this should be part of your SAR response).

 

You will need to list what you want in your SAR request (e.g copies of statements) and enclose £10 postal order.

 

There will be a good template in the main menu template letter folder and if you search on SAR you'll find lots of advice in other threads.

[ims21]

Hi Shooz

 

I wouldn't send the e-mail.

 

Correspondence from you will indicate to Moorcrap that there is a mug there for fleecing (Not that you are a mug of course but that is what they will think).

 

 

The picture you posted is too small to read. Can you do it a PDF please?

 

ims

 

Hi

 

Typical Moorcroft letter littered with "If", "May" blah blah

 

I'd ignore them completely and only deal with the OC. (In writing only of course)

 

ims