Debt With Ex!!!!! Help!

[princess_kassidy]

Hello,

 

I feel a bit rude having only just registered jumping straight in there with a cry for help but I would be so greatful if anyone could advise me on this one or has had a similar experience?!? (and I promise to post in the future!)

I still have a joint Natwest account with my ex partner that has been passed onto a debt recovery company called Moorcroft. I also had a personal account with Natwest that has also been passed through to Moorcroft.

Previous to these being passed to Moorcroft, we had both been paying seperate amounts off of each account through a company called Triton - I was paying a monthly amount on my personal account and he was doing the same on the old joint account (this was because he was the one who ran up the debt on the joint account after we had split but I appreciate the bank sees it as a joint responsibility)

So anyway, you can imagine my surprise when I received a letter on Friday from this Moorcroft company stating that unless I pay the full amount owed of £1700 (which is the total owed on both accounts) in the next 7 days theyre going to take me to court!

When I called and spoke to one of their 'customer services' agents I was told that the full amount is in my name only now and there is no reference to my ex partner on the debt and that its my problem?!?!

Now I dont know alot about how this all works but that just sounds completley crazy to me?!?!

Also, to add insult to injury, the original debt on my personal account stems from 2 cheques that I wrote which came out of my account the day before I was paid (I had always wrote cheques with the thinking that they would come out 3 days later or later still but on this occassion they came out 2 days later!) which then resulted in massive charges being applied to my account which I continually disputed with Natwest in Branch, over the phone and in writing. As they were extremely unhelpful and unaccomodating with the situation, I couldnt stand the thought of my hard earned cash going into their establishment so transfered my wages to be paid into another account at HSBC, so alas 18 months later what started out as being £70 (of fees) over my overdraft of £400 has turned into a massive £1017 owed to this Moorcroft finance (and the old joint account of £700)......to say the whole thing leaves a nasty taste is an understatement, making me feel even worse is the thought that my ex has now got away scott free in all of this and I am being left to pick up the bill!!! :?

 

Anyway, any advice or experiences would be most welcome and sorry to have gone on a bit!!!

[PGH7447]

Hi and welcome to the CAG

 

Hello,

 

I feel a bit rude having only just registered jumping straight in there with a cry for help but I would be so greatful if anyone could advise me on this one or has had a similar experience?!? (and I promise to post in the future!)

I still have a joint Natwest account with my ex partner that has been passed onto a debt recovery company called Moorcroft. I also had a personal account with Natwest that has also been passed through to Moorcroft.

Previous to these being passed to Moorcroft, we had both been paying seperate amounts off of each account through a company called Triton - I was paying a monthly amount on my personal account and he was doing the same on the old joint account (this was because he was the one who ran up the debt on the joint account after we had split but I appreciate the bank sees it as a joint responsibility)

So anyway, you can imagine my surprise when I received a letter on Friday from this Moorcroft company stating that unless I pay the full amount owed of £1700 (which is the total owed on both accounts) in the next 7 days theyre going to take me to court!

When I called and spoke to one of their 'customer services' agents I was told that the full amount is in my name only now and there is no reference to my ex partner on the debt and that its my problem?!?! Never call these phonedrones they Lie alledgedly, and they will say anything to get their bonus:mad:

Now I dont know alot about how this all works but that just sounds completley crazy to me?!?! it is

Also, to add insult to injury, the original debt on my personal account stems from 2 cheques that I wrote which came out of my account the day before I was paid (I had always wrote cheques with the thinking that they would come out 3 days later or later still but on this occassion they came out 2 days later!) which then resulted in massive charges being applied to my account which I continually disputed with Natwest in Branch, over the phone and in writing. As they were extremely unhelpful and unaccomodating with the situation, I couldnt stand the thought of my hard earned cash going into their establishment so transfered my wages to be paid into another account at HSBC, so alas 18 months later what started out as being £70 (of fees) over my overdraft of £400 has turned into a massive £1017 owed to this Moorcroft finance (and the old joint account of £700).In that case you owe nothing.., you need to send a SAR to the Bank involved and get all statements from them for this account, you then total up all the charges and reclaim them back...to say the whole thing leaves a nasty taste is an understatement, making me feel even worse is the thought that my ex has now got away scott free in all of this and I am being left to pick up the bill!!! :?

 

Anyway, any advice or experiences would be most welcome and sorry to have gone on a bit!!!

 

See above

 

You need to sar the bank and write to moorcrap and tell them the account is now in dispute due to unlawful charges being reclaimed back

 

sar link Subject Access Request - Consumer Wiki

 

cost £10 send recorded and wait for them to respond, they have 40 days only, do not pay anything to moorcroft or any other dca until you get your statements

[princess_kassidy]

Wow, great advice thanks!

Do you think I would also be able to claim the subsequent charges that Triton added to the account after Natwest passed it through to them? EG, i think NW passed the account to Triton at about £850 and since then theyve added an additional £27 p/m since July08... I had being paying them 15p/m so was obviously doing nothing to the balance!!

Thanks again!

[PGH7447]

Triton should not have been adding charges so yes, but you would need to sar them as well, dont forget to add 8% interest from the date of the charge

[princess_kassidy]

FYI, Ive just called NW to try and get an address to send the Subject access request to and they have just agreed to send out all the required statements in the post FOC!! Cant help but be a bit suspicious but so far seems like a good start! Keep you posted!

[princess_kassidy]

Hmm, dont think triton would be so forthcoming...might just send them the letter!

[PGH7447]

see what NW come back with, if not the full monty then sar them, you can also claim the £10 back:)

[princess_kassidy]

Thankyou! Just another thought, seeing as Moorcroft are threatening to sent the boys round if I dont contact them with something by tomorrow, should I call them or send a letter stating my intentions?!

[IdaInFife]

edit this to suit as it gives the terms you need

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the CPUTR 2008, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

ida x