Yorkshire Bank Overdraft

[Happyhippy1959]

Has anyone out there got the account details of these two bad-boys.

 

 

Have been requesting details so I can set up standing orders with them.

 

 

Moorcroft has sent paying in book for paying at the post-office, this will incur a further charge.!!!

 

 

Also no reply off Scotcall since requesting 3 times since November.

 

 

Basic bank account no cheques. Ex kindly sells me the odd cheque.

 

Moorcroft Debt Recovery Ltd

PO Box 17

2 Spring Gardens

Stockport

Cheshire

SK1 4AJ

 

Scotcall Debt Collecting Services

Spectrum Building

3rd Floor

55 Blythswood Street

Glasgow

[The Debt Star]

can I ask why you aren't trying to pay the creditor direct instead, thereby side-stepping the DCA middlemen? Assuming that the debt is still owned by the original creditor that is.

 

I have done that with Egg recently and will carry on paying them direct no matter how many DCAs they instruct!

[Bazooka Boo]

Simple, if they are so stupid as to not forward you their bank details, then they get no money! And as DS says, why are you paying these pair of lowlifes anyway?

Moorcr@p's won't be enforceable and Snotcall don't have a spine, least of all a bank account.

[Happyhippy1959]

Thanks guy's.

 

Just had a new one in today, from Fairhalsen Collections. They are acting on behalf of Yorkshire Bank Visa, have been paying them a token payment regular as clockwork. They did a review on my loan and overdraft debt and were happy to continue with token payment.

 

Like your advice, what do I say to these low life's, I am going to pay the creditor direct. Can someone explain the different procedures of ownership of the debt, ie full assignment and what proof or letters I can send to ask them what right they have to collect the debt.

 

A little new at this and have CAB helping me, so thought I would not rock the boat. Thanks for your help so far.

[harrassed senior]

OK first letter to send is the 'prove it' letter : http://www.consumeractiongroup.co.uk...ng-of-the-debt

 

After they come back with whatever rubbish they will spout, you need to CCA all of them:

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[Happyhippy1959]

Thanks harrassed Senior, unfortunately the link to the prove it letter is broken. Have you got one to hand ???

[harrassed senior]

Dear Sir or Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[Happyhippy1959]

Just found a prove it letter on line. I am not disputing I owe Yorkshire Bank Visa the money, the letter seems to imply that I am. What am I looking for here, is it the DCA's rights to collect the debt. What do they need in law to legally collect the debt. I assume its all the paperwork from the clients. Can someone refresh me on that.

 

Do they need it assigned and if they buy the debt have they got to by law have all the CCA that you signed with them. I am a little confused, please excuse have been working on a busy hospital ward.!!! I have contacted Fairhalsen Collections Limited by e-mail, I take it that is ok.???? I have told them that CAB has been in contact with YB Visa and were awaiting reply and that they should contact CAB who are dealing with my creditors. All my 16 creditors including two from YB for a lot more than I owe on YB Visa have accepted token payments, am still paying YB VISA direct they send out a paying in book. Will continue to pay them the token payment YES OR NO???

[harrassed senior]

Have they sent you an Assignment letter and have you been informed by the OC that they have Assigned or sold this debt, if not, you need the DCA to prove that you owe THEM the money and not the OC.

[Bazooka Boo]

IMO I would continue to pay YB direct, if you have not received any notification from YB that they have either sold or passed the account to a DCA to collect, then continue paying YB direct as your doing, and ignore these other fools, just lodge complaints about the to the OFT&TS via http://www.consumerdirect.gov.uk/contact

Also if the tame DCA 'fairhalsen' (who dreams up these hilarious names?) continues to chase a debt that is already being dealt with by YB, then drop a line to the CSA and complain about another one of their puerile members flouting any guidelines that are in force.

http://www.csaconsumers-uk.com/page/i-have-a-complaint

 

Emails ARE OK, they are a legal form of communication so no need to worry, just ensure you keep copies of what you send in your 'sent' folder and in hard copy.

[Happyhippy1959]

Thanks guy's, that's put me straight. No assignment letter from YB for the visa, am paying a small overdraft debt to Marlins collection agency for YB no assignment letter there either, though they have accepted token payment, sent a paying in book and all seems well.

 

So just to clarify, NO ASSIGNMENT LETTER FROM ORIGINAL OC MEAN ORIGINAL OC STILL OWNS DEBT??????

 

WHAT TO THESE DCA'S GET OUT OF CHASING WITHOUT FULL ASSIGNMENT, IS IT A PERCENTAGE?????

 

THANKS FOR PROMPT REPLIES.

[PGH7447]

A dca will get a percentage of monies collected if they have only been "hired" by the OC

 

If a dca has bought the debt then they will have paid pennies in the £ and try to collect the whole debt to increase their profits.

 

Moorcroft are famous for sending paying in books usually for an amount that they said you agreed to, I offered £10 a month and they sent me a book with £50 a month, I told em I would see them in court, that was the last I heard from these fools.

[Happyhippy1959]

Hi Guy's

 

Knew it would not be long for the Hippy needs some help to tackle this one. It all started in Sept 2009 when me and the ex-wife were separating. We had a joint bank account with Yorkshire Bank. She had been in and ask to have her name taken off. When I went in next they spoke to me and asked if I wanted to close the account and set up one in my own name, I did and all was set in motion.

 

They explained all was well gave me the account number and card and I did not have to do anything that all would be transferred over. My ex never used the account it was for paying the mortgage and a few YB direct debits. With all that was going on at the time I did not even dream to look if all was done I thought my salary and DD would transfer over as they promised. Imagine to my horror when I get a letter telling me that the account was overdrawn and massive charges placed on it. When I enquired they told me that I should have informed my pay-roll and change my DD over to my new account. I made a complaint in writing but nothing ever came off it and I did not send to FOS. Just put it down as one of my debts. Its nearly £900.00 mostly made up of charges. I have been paying £2.00 a month to these gangsters and now I get this through the door. They have also sent one to ex-wife.

 

What is the best way to go about it. Should I SAR Yorkshire bank and then look at all the charges. It was totally unfair as they were supposed to have made this a smooth no nonsense transfer of my accounts.

 

What letter should I send to Marlins and should I stop the £2.00 Standing orders.

 

Await your knowledgeable replies.

Scan10002.pdf

[Bazooka Boo]

It would be wise to SAR YB to see what amount put you OD, then I would simply pay the amount that put you OD, and ignore the rest. I have to date never heard of anyone being taken to court for refusal to pay bank charges.

 

As for Marlin! Pah! What a joke, YB are really scraping the barrel using this clown outfit. Are you making the SO payments to YB? And they have passed it onto these muppets to collect? If so, I would stop all payments and enter into YB complaints procedure again, and exhaust it, this time make that complaint to the FOS when YB give you the opportunity.

[Happyhippy1959]

Thanks Bazooka your a gem. I am going to e-mail them jokers marlins what should I say. That I dispute the amount owed. I have been paying Marlins by paying in book but this month it was by standing order. Here's my battle plan

 

1. e-mail marlins tell em ?????

 

2. SAR Yorkshire Bank ????

 

3 await and see what charges went on deduct these and ask for some stress and inconvenience as well.

 

Would like one of your brilliant letters to send to marlins if you have one.

[Bazooka Boo]

Too early in the day for my head to reel off any classic responses, if I could remember who it was who worked their when they were on the TV it would definitely contain his name!

Two minutes..

[Happyhippy1959]

Just a quick note here guy's my debts have been outstanding for over two years £40k plus. CAB sorted them all out with £1.00 token payments. You can appreciate the stress in the last two years. 20+ years marriage gone. wife in the home then just ups and leaves and I'm back paying mortgage and SL. So all I wanted was an easy life. Now I'm settled back in old home have gone back on here and find that I was such a fool to lay down and let em walk over me. You will be hearing more from the Hippy I am sure of it. CAB only say's keep paying what you can.. I have no money left after mortgage secured loan utilities etc. Sold lots of things just to make ends meet.

 

Even struggle for the token payments and as a public service employee all O/time as gone out the window its a nightmare. So my plan and I hope you boys and girls will agree is to deal with everyone who get's greedy. As I said before, a lot of mine are old stuff so would be surprised if they were enforceable in a court of law. I am not debt avoiding I am trying to play fair. Pay what I can afford. I have paid off two small debts all ready and one is nearly finished. My house is neg equity so BR could be an option here if they continue to play hard-ball. It's that bloody bad can't even afford to get me teeth done, which are falling out all over the place. If the tooth aches get much worse the mortgage and SL will be missed for the first time in 11 years... Yo I'm getting high on all the codine and paracetamol !!!!!!!!!!!!!!!

 

Would be at my wit's end if it was not for this brilliant site.

[Happyhippy1959]

Thanks Bazooka,,, I know a genius has to let his mew's kick in..!!!!!!!!!!

[Happyhippy1959]

Oh boy

Edited February 10, 2011 by Happyhippy1959

[Bazooka Boo]

Dear Marlene,

 

Thank you for your letter dated dd/mm/yyyy, the contents of which have been noted.

 

I am sorry to hear that you are not happy with my current payment method or amount you receive, because of this I have carried out a thorough investigation into this matter and have made the following conclusions.

 

Firstly I would like to take this opportunity to thank you for bringing this matter to my attention and raising this issue.

 

From my in depth investigation I can now advise you that further documentation is required from your client in order to make an informed and accurate decision, as such I have suspended with immediate effect ALL payments to yourself.

 

Once I have been furnished with the correct documentation asked for from your client, and it has been perused, shall I then be in a position to make an informed offer or decision.

 

I trust this meets your satisfaction? Alternatively, if it doesn't, then it begs the question why your now so avarice?

 

Yours........

P.S Valid even if not read by you.

[Happyhippy1959]

Brilliant Bazooka, I am e-mailing forthwith....

[Happyhippy1959]

Thanks Bazooka done and dusted. Let battle commence. Will SAR YB on monday, get £10.00 cheque off Girliee friend when she returns from Auz on Saturday. Lucky sod, Can't even afford to go to the dentist, mind you probably cheaper to go to Australia than my dentist. !!!!!!!!!!!

 

[Bazooka Boo]

I can't wait to see what their response to that will be..........bet they don't have a standard template response for that!

[Happyhippy1959]

Yo Bazooka,,, will all scratch there heads and have a meeting or Brain-storming what ever you call them these days. Did not look over leaf either... What is your opinion on the information they are requesting..??????????????? they want to know the in's and out's me thinks

 

Scan10001.pdf

[Bazooka Boo]

Very immature to say the least, although they do list the relevant priority debts, they seem to think that you don't need to have a life, a car or public transport costs, parking, tax, insurance, house and contents insurance, money for beer, ladies of the night!etc etc etc.

 

My only real objection to their pathetic attempt at making themselves feel important is the pre school declaration at the bottom, why do they possibly perceive they are in any way qualified to make assumptions to how much anyone should be paying this clown outfit?

 

My statement of means would be:

Income £.........

Outgoings £.......

And if there is any wriggle room, an offer of a realistic payment.