Barclaycard Assigned Unenforceable Debt.. help

[Melbel]

Morning Caggers..

 

I got myself into a bit of debt with Barclaycard and after consulting the CCCS i have been making regular payments of £1 on a postal order to Mercers (as they were chasing me originally) since last year.

 

I was then contacted by Debt Managers Ltd chasing the same debt. I expalined that i was paying Mercers and they said they would set up a standing order and i was to pay them instead. I agreed and have been doing so every month since around May this year.

 

Over the last 6 weeks or so Moorcroft have been writing to me chasing the same debt. I have written to them twice explaining the situation and informing them i am in a payment plan with debt managers ltd, they are receiving my money every month and that two Companies cannot chase the same debt (if it is being paid)

 

Argghhh, Moorcroft have written to me again (10th Sept).

 

"You have not contacted us to discuss payment of this debt. We require immediate full paymentnto prevent further action.

 

In order to stop our client taking further instruction of the solicitors to prevent court proceedings we will accept £40 per month instalments etc etc,...

 

Unless a payment is received by 17/09/09 we may recommend court proceedings etc..

 

Such action could incur you more costs etc..

 

Should you need assistance please call us...

 

yours sincerely... Blah.."

 

 

As i am paying this debt off by standing order to Debt Managers, surely they cant do this and should i ring them or write to them again??

 

Any advice appreciated.

[minmac]

I get quite alot a letters from moorcroft chasing things I am actually paying. Letters seem to go un-noticed. (Althogh its never adviseable ). I find the only way to get moorcroft off your back is to actually phone them (press 141 before ringing it with-holds your number) and telling them I am paying another company for this I have contacted them and they have informed me this is correct they own the account and I am to carry on paying them ( even if you havent actually rung them). moorcroft are usually ok with this and say ok we will investigate then a few days letter they send a letter saying they have closed your file down.

[Melbel]

hi Minmac.

 

Thanks, i will do that. i might follow up with a letter and send it recorded just to cover my back.

 

Its so annoying having to keep dealing with this when i am actually paying the debt.

 

These people must threaten people on the off chance someone will pay them

[jimbo45]

These are ONE of the WORST (correction -- they are all scumbags in any case) !

 

I should just tell them to go and make a "sexual move" with a Duck - as they obviously have no right in collecting this debt.

 

Threaten them with Harrasment and defamation of character -- if they threaten again for money they have no legal right to collect you might also be able to get them for EXTORTION which I believe is a CRIMINAL offence.

 

In any case report them to the various authorities -- enough complaints and they ca get their licence revoked.

 

In any case always ask for their Licence to act as a DCA before doing anything else at all - even before requesting CCA/SAR documents. You don't have to pay people who have no right to collect the debt in any case whether you actually owe the money or not.

 

They usually haven't a clue when you challenge them for their authority to collect the debt.

 

 

I could write to anybody saying I'm acting on behalf of client xxx and you must pay yyy immediately.

 

Whilst this is of course fraud I'm sure some people are so scared of these DCA's that they would actually cough up.

 

These DCA's are NOTHING more than big School playground Bullies -- stand up to them and they will back off since unfortunately many people have never heard of this excellent forum and will just pay up. The DCA will then look for "easier fish" to fry.

 

Cheers

jimbo

Edited September 18, 2009 by jimbo45

[Melbel]

Thanks Jimbo

 

Youre right, i should make a complaint. I will forward copies of their correspondence along with copies of mine to whoever i need to complain to ( i will research that in a mo)

 

Youve fired me up to type a stinking letter to them and i will be mentioning the points you have raised..

 

i will keep you updated

[jimbo45]

By the way -- NEVER EVER deal with these (or any other DCA vermin) by phone.

 

If they call just either don't answer or just say I only will deal by post.

If they call again there are literally zillions of ways to stop calls - an old way was "The Wireless Telegraphy acts of 1949" but there's probably something more modern these days.

 

If they threaten to send bailiffs / change locks etc as some have reported then without a court order this is 100% illegal and for most cases of civil debt (excluding Income tax) Bailiffs have very limited powers indeed SO LONG AS YOU DONT LET THEM IN.

 

Also just get some colleagues arround if they continue as you are allowed "To Repel Boarders" for "trespassers". Only the Postman, Police and a few very specialized other people are actually allowed to visit your property "uninvited" and a locksmith from a DCA isn't likely to be on your preferred guest list I'd imagine.

 

 

How HMG allows the misery of "Charging orders" wherby unsecured debts of tiny values can be turned into "secured ones" -- no mention EVER of the fact that this can be done is in the original credit agreement of course and people can lose their homes over rediculously small amounts of debt whilst Mr Gordon Clown does NOTHING at all to regulate the really unscrupulous way some of these DCA's work is totally beyond belief.

 

(And don't lets get started on the Billions of pounds the Banks have received. They don't give their customers ANY leeway if circumstances change through no fault of the creditor - such as an overseas firm scraps UK jobs etc.)

 

In any case I've actually never heard of Moorcrofts really going to court --they are usually very low down on the food chain and probably buy the debt for about threepence - even though they have no legal way of collecting it --- if just ONE person in 100 pays they are still quids in.

 

Cheers

jimbo

Edited September 18, 2009 by jimbo45

[Melbel]

right then.. Ive typed up a letter to go registerred tonight.

Basically ive said firstly they have lied by saying i have not contacted them to discuss the debt - i have written twice and have evidence.

Ive told them i am making a complaint against them as per the OFT guidelines.. I have then copied the paragraph and section where they have breached this.

I have told them that i am in an agreemebt with another party and paying this debt therefore their attempts to demand this money from me boils down to extortion and fraud.

 

I finished by telling them i am forwarding all copies of correspondence between ourselves to the OFT, TS and ICO and will do the same with any other harrassing material they send me.

 

Sending the letter recorded.

 

Jimbo, it will be interesting to see what i get back.. i will deffo carry on with the complaint though. Im not anymore intimidated by these DCA cretins but other people could get distressed by these stupid letters

[Melbel]

ths saga continues - they conveniently received the letter i sent (above) on 18/9/09. They are taking my complaint seriously blah blah, apologise for any confusion etc.. basically they are still trying to say that they have no correspondence from me - (even though they replied to that correspondence they didnt receive). they are also still saying Debt Managers Ltd passed them the debt in July 09 ( i have been paying Debt Managers since then)

 

Ive written to them again pointing out they have replied to letters they claim they did not receive. I also gave them a breakdown of the dates i arranged to pay Debt Managers, phone calls, Standing Order dates etc..

 

I have also told them i am not obliged and will not pay moorcroft a penny until debt managers give me written authority and close my account.

 

I also told them i would be uncomfortable dealing with Moorcroft as they have lied about previous correspondence.

 

Moorcroft have asked for evidence to support my payments to Debt Managers. I only have bank statements and they are not getting them.

 

Surely the owness is on Moorcroft to contact Debt Managers to get this info?

[babybear39]

Get your MP involved

[BillyBob1]

Hi Melbel, I'm following your thread with interest as I will also be filing a complaint with the relevant authorities about Moorcroft - an absolute bunch of cretins.

 

I wish you the best of luck!

[Pinky69]

I would stop paying it altogether and send a formal complaint to the Complaints Departments of both Debt Managers and Moorcroft that until they sort out who is supposed to be collecting it no further payment will be forthcoming. I would mark it at the bottom "Cc The Office of Fair trading Licence Fitness Deparment - I am being pursued by these two agencies for the same debt" and send them a copy. I think you will find that will concentrate minds wonderfully.

[sillygirl1]

Debt Managers are one of the worst lot I have ever dealt with, they screwed up for me and I ended up settling one alleged debt which ended up with them at around £850+ for £100... it got passed around and around.

 

Debt Managers have now 'sold on' a lot of their clients to Hamilton Brooks who are a specialist IVA firm, something is stinking in this little chain as the IVA firms are as bad as the DCAs... however Hamilton Brooks no longer can 'remortgage' people out of trouble so that is one 'misadvertising' in their glossy brochure.

 

Have you considered contacting the original creditors with the following

 

Dear Moneygrabbing creeps

 

On xxx date the alleged debt was being collected by company A at a rate of £x a month, and on xxx date the alleged debt was allegedly transferred to company B who wants xxx a month.

 

Can you confirm that these sums have been received by you and which of the two companies are supposed to be collecting.

 

If you cannot give a clear reply then I will consider my obligation to pay this alleged debt finished. It is against the OFT guidelines to use multiple collection agencies and a report is on its way to them of your behaviour.

 

Goodbye

[Melbel]

Hi all

 

Thanks for your replies. I think i might stop my payments and write to the original Creditor (barclaycard) and start paying them and do what you have all advised and complain about these eejits.

 

I'll be very interested to see what the next contact from Moorcroft is (considering i caught them out with the correspondence they claim to have not received.).

 

The only thing that worried me was if i stop my payments - could it bite me on the bum. At the mo, i havent put a foot wrong and kept upto date you see..

[Melbel]

OOh and funnily enough i had a missed call last night from 0845 2464761.

 

googled it and it could be a whole list of DCAs including moorcroft and wescot. I dont have any other DCA problems so im wondering if it could be to do with this.

[rhos123]

OOh and funnily enough i had a missed call last night from 0845 2464761.

 

googled it and it could be a whole list of DCAs including moorcroft and wescot. I dont have any other DCA problems so im wondering if it could be to do with this.

 

it looks like your on the dca merry go round

[bootedup]

Oh the joys of Moorcrap, I completely feel for you at the moment but taking them on is the only way to win. I think somewhere in the thread, it was mentioned that 'isn't it there onus to contact debt managers' and the answer to that is surely yes it is. You have done nothing wrong and it is between debt managers and Moorcrap to sort it out and then for you to receive confirmation off both of them to confirm that Moorcrap are now holding the debt.

 

In any case, I think your wise move is to go back to Barclaycard and deal with them after all, it may make life a lot easier.

 

I am taking on Moocroft now over a Virgin media bill and they continually lie and lie. Start recording your conversations, it makes a difference I can tell you.

 

I will also follow this thread now to see how it goes, so good luck indeedy.

[Melbel]

Hi everyone

 

A little update.

 

I received a letter from Barclaycard today - basically confirming that i can stop paying Debt Managers and start paying Moorcroft.

 

Ok buuuut.. after the nonsence and lies ive had from Moordcroft - i'd rather not deal with them.

 

I have written back to Barclaycard requesting i pay them direct due to the needless threatening letters from Moorcroft and lies regarding my correspondence.

 

Will let you know how it pans out.

[Melbel]

***update**

 

I received a letter from moorcroft dated 21st oct..

 

First mistake - Re: Thames Water Utilities (the client is Barclaycard)

(they then wrote again after apologising for the error!!) clowns

 

Firstly we have raised your concerns regarding debt managers involvement with our client and they advised us they sent you a letter dated 22/10 that they were no longer dealing.. (yes but that was after several threatening letters from Moorcroft and after i had written to moorcroft twice)..

 

Moorcroft then go on to try and wriggle out of why they ignored my two letters explaining the situation and how the computer generated letters go out according to their system history etc.. They are now admitting they did receive my two letters - only cos they had to, i caught them out by reminding them they replied to them.

 

Basically, now what they want is for me to confirm that i am happy with the letter from Barclaycard for them to continue pursuing this debt.

 

its looking like i need to CCa them next.. do i send out the standard CCA request template from here or do i ask for it in my reply letter??

 

After all this chasing from Moorcroft and time wasting letters, they will only be getting £1 per month off me as did Barclaycard.. little do they know. and thats if the CCA is enforcable...

[Melbel]

Also - does it look like Barclaycard have sold this debt on and are nowt to do with it anymore?

[reallymadwoman]

Why not go the whole hog?

 

CCA morec**p

SAR to barclays.

 

Moorcroft may eventually supply an 'agreement', the SAR should reveal if the debt was sold and more importantly any charges you might be able to reclaim.

[bootedup]

I prescribe to the go the whole hog theorem and you should follow reallymadwoman's advice.

 

Also, are you communicating solely via letter as I am sure you have already been informed, despite the temptation to use the telephone, don't under any circumstances as that is where Moorcroft will get you the most and will start lying unless you tell them that you are recording the conversation.

 

By doing what reallymadwoman has advised will give you the answers you want and if they haven't sold the debt then insist on dealing with Barclaycard solely again and not the DCA's.

 

If you stick at it, you will win as I have just beaten Moorcr#p but it took 3 months. Now I really feel like ringing them and bating them!!

[Melbel]

Hiya reallymadwoman

 

Ive just done a CCa request to send out to moorcroft. im going to fire off a Subject Access request to barclaycard next.. i didnt realise it would give me all that info - thanks for your help.

[reallymadwoman]

You're welcome.

 

Just passing along all the help I've been given.

[Melbel]

Hiya bootedup

 

Okey dokey - i am printing off the subject access request for Barclaycard as we speak..

I will take that and my CCA request for moorcrap to the post office after work along with the postal orders

 

I havent spoken to anyone on the phone.

 

Moorcroft have made so many mistakes with this situation including silly ones like getting the creditors name wrong..

 

Should i mention in my letter to moorcroft that i am cca'ing them cos i dispute they should be collecting the debt or should i just send the cca request end of??

[reallymadwoman]

Just send the request. You don't need a reason, nor do you have to give one.

 

Like most people, if they'd been reasonable you would no doubt have just kept paying month after month without question. They rattled your cage, so now you're going to query everything and all they will be able to do is hope they might eventually get some more money out of you.