MBNA Credit card debt passed to Moorcroft Help!

[fedupandcross]

After many years of having 2 x credit cards with MBNA

 

I started a second business that failed leaving me in huge debt.

 

A couple of years later I sold my other business wanting to get out as the recession was hitting.

 

I continued to pay the credit cards for as long as possible

but what with my Husband being made redundant I soon ran out of money.

 

With three children to care for I came to an arrangement to pay MBNA each month £1 towards each credit card.

 

In August this year I was diagnosed with cancer and I have to admit I didn't pay the £1 to MBNA (mind was elsewhere).

 

Since then however I paid the outstanding months and have gone back to paying £1 a month to each account.

 

It appears that around December time MBNA sold my debt to moorgate who then passed it to Arrow Global who now have Moorcroft harassing me.

 

I contacted MBNA explaining my illness,

I continue to send them the £1 cheques each month which they continue to cash,

I have sent a letter of complaint explaining I did not give them permission to sell my debt or give my details to a third party.

 

Also complained about moorcroft phoning me despite my request to only be contacted in writing and told them to stop moorcroft harassing me.

 

Response was they were not responsible for moorcrofts actions and that they have a right to sell my debt.

 

These credit cards were taken out around 1998 maybe a year or so before.

Previously solicitors had told me that the debt was not enforceable (although I understand this is very complex)

 

As the original debt was with MBNA,

are they responsible for the way in which moorcroft continue to harass me?

 

Is there any paper work I should be asking for that entitles them to sell my debt?

 

Can I find out how much they sold my debt for (then I would know what I am up against).

 

As I am continuing to send the cheques for £1 each month as agreed can they take me to court and continue to send me threatening letters?

 

I have no income other than the child benefit, we have been receiving council tax benefit and money is very tight on my husbands income.

 

I do not speak to these people on the phone and today I lost it with the chap who phoned me,

Told him he was not to phone me, I would report him, that my debt was with MBNA not him,

I was continuing to pay MBNA so he should take it up with them

and that he didn't have cancer I did.

 

 

At that point I slammed down the phone in quite a hysterical state by this time.

 

The bottom line is,

 

I just cant cope with this on top of everything else I have been through the last few months,

I am very depressed as it is and really struggle to get through a day without bursting into tears (due to my illness).

 

I am desperate for someone to let me know what my rights are and whether just ignoring these people

and continuing to send the monthly payments as I have been doing is sufficient.

[renegadeimp]

Send arrow the CCA request and ignore moorcrap. If youve previously been informed that the debt is UE due to the paperwork, it wouldnt be wise for Arrow to continue collection. Sure, they can send you letters and mark your credit file, but thats all they can do. And if your credit file was already marked before they got hold of the debt, after 6 years from the date of entry, it gets removed anyway.

 

If they cant provide the paperwork, and you want to send them a £1 a month, you're pretty much wasting that £1.

[dx100uk]

chin

up you're doing ok.

 

i'd send a CCA request to moorcrap

 

i doubt they'll have a CCA after all this time.

 

hae you ever looked at reclaiming.??

 

PENALTY charges/PPI etc.

 

there's little moorcrap cando to you

i think you know the score here..

 

what does your CRa file say too?

 

see below.

 

dx

[Bazooka Boo]

Time to take back control.

 

Keep a diary of events regarding the criminal offence of harassment they are committing, you have told them, albeit over the phone but they should now be under no illusion not to contact you by phone, once more is too much, and a report to your local police station to lodge a formal complaint of harassment against them should they foolishly continue.

You can send them this, 2nd class obtain proof of posting (which is free) http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Are you paying the £1 direct to MNBA? And YES they ARE responsible for the actions of their chosen third party DCA.

Check your credit files and see what is on there, look for what name is beside the default marker, if it is still on there.

 

I think you will be able to put this too bed when you request your CCA http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

Costs £1 (postal order) send it recorded delivery and they have 12+2 days in which to send you a copy of your 'original' agreement, if they fail to do so then you can put the account into dispute and stop paying.

 

Above all else, you have done very well considering, they are on extremely thin ice here.

[fedupandcross]

Thank you for your advice, yes I am sending cheques to MBNA, I figured that if i just continued to pay them then I have not accepted that I owe moorcroft or anyone else any money (which I don't, my debt is with MBNA). If they choose to cash the cheques and pass that on to someone else thats up to them.

Since my hysterical outburst to chap at moorcroft I have received a letter from them today stating,

 

Thank you for contacting us to discuss your account, we would confirm that we are prepared to accept your offer of monthly payments of £1.

 

Interesting considering I didn't contact them and only stated I was paying MBNA, so they should take it up with them!!!!!Never mentioned how much I was paying.

 

So should I send the CCA to MBNA, Moorcroft or Arrow Global.

 

In the mean time I plan to continue to send the payments to MBNA. I thought that MBNA were responsible for any harassment from any third party due to the fact my debt was with them in the first place. I would like to send them another letter of complaint if only to cause them more work and agro. Did they need my permission to give all my details to another company and can I find out how much they sold my debt for?

 

All help very gratefully received.

[Bazooka Boo]

Yes continue to pay MBNA direct, IGNORE the powerless Moorcr@p.

 

CCA MBNA, cut out the gophers, ignore them completely, and with your CCA request enclose your formal complaint, they ARE responsible for the actions of their chosen third party DCA, and they are very well aware of this.