Moorgate Will not accept partial settlements

[vandatoria]

Hello All,

 

I would dearly like some advice, if youcan provide.

 

I got into significant debt (132K) with 29creditors.

This was due to my ownstupidity thinking I was managing my debts.

 

 

In the end, I was taking out cash on credit cards to pay monthly minimums!

How stupid can you get?

 

 

I’m sure others have done this too!

 

In mid 2010 I just didn’t have the money to continue to pay.

All accounts were defaulted and I utilised the fantastic services of CCCS, now StepChange.

 

 

They set up a DMP for me which meant I could be debt free by 2021.

I have been paying these debts since November 2010 and have been able to increase payments as smaller debts have been paid

and my disposable income has increased. I’ve been fortunate never to have missed a payment.

 

 

Unfortunately, mostly due to the debts my marriage came to an end.

This meant we had to sell our house. It did mean some disposable capital was available and this coupled with a loan from my sister

meant I was in a position to offer al lcreditors a partial settlement of approximately 60 to 75%.

 

 

I worked with StepChange to ensure the amounts etc. were correct and decided to send the letters myself to all remaining 22 creditors.

 

 

From these, some came back and counter offered however in total I have been able to agree with and pay-off 19.

Three have declined these all are managed by Moorgate /Idem Servicing.

 

Who was original company: MBNA

What type of debt: Credit Card

 

Amount: At default £ 13500, 12400 when transferredto Moorgate in 2012 Now £8900 – I Offered £6000.

When account was opened: Originally opened July 2006

Which company owns the debt now: Moorgate

Is account defaulted: Nov 2010

 

Who was original company: MBNA

What type of debt: Credit Card

 

Amount: At default £ 1750, £1470 when transferredto Moorgate in 2012 Now £1068 – I Offered £800.

When account was opened: Originally opened Jan 2006

Which company owns the debt now: Moorgate

Is account defaulted: Nov 2010

 

Who was original company: Halifax

What type of debt: Credit Card

 

Amount: At default £ 1300, £1275 when transferredto Moorgate in 2012 Now £795 – I Offered £600.

When account was opened: Originally opened Jan 2006

Which company owns the debt now: Idem Servicing (Moorgate)

Is account defaulted: Nov 2010

 

I have spoken to Moorgate on a number ofoccassions and asked them to re-submit slightly higher offers and each time they have been rejected.

 

Due to divorce, my disposable income will be less and I told them this and that I would be reducing my monthly payment soffer for the largest account from £105pm to £40,

at least for the time being.

 

In regards to the larger debt, about £3000of this was in default/late payment/interest charges added after I stoppedpaying, until the DMP had been agreed.

 

I have asked them over the phone to provide a true copy of the CCA and they have said because they weren’t the original lender,

they will have to request these and it could take up to a month.

They want me to continue with my monthly payments in the meantime.

 

Is there anything I could be doing to tryto persuade them to accept the partial settlements

or should I just make thenew reduced payments and accept the situation?

 

One thing to note, Moorgate have been verypolite with me and thus far haven’t been aggressive.

 

Any advice or guidance would be welcome.

 

Thanks you

[Bazooka Boo]

You should STOP talking to these fleecers over the phone, unless you can record both sides of the call, then they will be able to deny any call/request

ever took place.

 

Keep EVERYTHING in writing only.

Send them a hard copy of the CCA request, they have 12+2 days in which to respond with a copy of the 'true' agreement.

Ensure to enclose a blank unsigned 1£ postal order and obtain 'proff of posting' which is free from the PO counter.

 

Once they fail to send you the agreement, then you can pull them out of the DMP and stop paying them, until they come up with the goods.

 

Whilst your DMC is good, because it's free, they don't ensure that the companies claiming you owe them money have the legal right to do so.

 

Eleven years of paying off these 'debts', if they really are debts owed, will not be my idea of peace of mind!

 

Have you reclaimed all penalty fees/charges including interest on these account with the OC?

 

You will no doubt be paying their unenforceable fees/charges, do you have sight of the exact amount of debt and how they have

come up with the figures?

 

If the other creditors/or owners of the debt have accepted your offer of payment, as F&F have they agreed to remove all data from your credit files?

Have you checked your credit files to see what is on there and when the actual default dates were?

These default markers will auto drop off your file six years after they were placed on there, regardless of whether you pay them off or not.

 

And if Moorgate don't want to play ball, then drop your payments to £1 a month for the life of the debt, that'll teach them to be so childish!

 

CCA them for these cards http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**(1-Viewing)-nbsp

[dx100uk]

pay Moorgate ...what planet are you on...

 

 

please follow the above advise!!

 

 

dx

[vandatoria]

Good morning. Thanks for such a speedy response Bazooka Bo and dx100uk – appreciated,

I really didn’t expect response on the weekend.

 

I’m going to do as you suggest and send the CCA requests inwriting tomorrow, and obtain proof of postage. I accept I owe the debts.

 

It was always my intention to repay; even when I was still borrowing money to repay debts!

 

When I got into trouble, I wrote to all creditors and told them of my situation.

I asked them to give me some time to get advice and help.

I made minimum payments to them of between £5 and £25 depending on the outstanding sum.

 

Between the time I did this and the DMP being set-up which was 5 months and all creditors issuing default notices,

some heaped on significant late payment charges along with interest charges.

 

In the case of the first MBNA card listed above where the balance is now £8900,

the balance when I stopped paying the monthly payments was around £10500.

 

By the time it was passed to Moorgate thebalance was £13450. It’s this I’m unhappy with!

 

Answers to your questions:-

 

The other creditors have marked my credit file as partially settled, with a zero balance.

I have checked this.

 

Some have still to update since payments have only recently been made.

They were not prepared to do otherwise.

#All defaults were issued around Oct/Nov 2010, so will dropped off late 2016 as you suggest.

 

One didn’t default. That was Barclaycard. They marked as AP

 

It now shows PS with zero balance.

 

Will that now stay for a total of 6years?

 

How can I reclaim penalty fees charges and interest?

 

If Moorgate do actually provide the CCAs as requested, them they will be able to enforce correct?

What should I do in this situation?

 

Thank you again for your advice – it is very much appreciated.

[dx100uk]

I laud your moral honesty in paying and accepting you owe money.

 

BUT you really need to check their legality to demand money from you mind.

 

I notice you say the debts are defaulted

so your credit file on that debt will be shot for the 6 yrs

shame you paid lump sums

you wasted that money

 

once the default reaches its 6th birthday then the whole debt entry will vanish

never to return

doesn't mean the debt is not owed or enforceable mind.

 

might be best to start threads for each debt

 

the Barclays one is typical of them

the AP marker is a killer and can kill credit for 12yrs

 

might be an idea too request they default it from the 3rd missed payment

[vandatoria]

Hi All,

 

I’ve sent the CCA requests as suggested with the postalorders for £1 each.

Let’s see what happens.

 

I’ll start a new tread for the Barclays debt.

As an FYI, I have spoken to them today and they are going to call me back about registering a default from the third missed payment.

 

I’ll update you in regards to Moorgate as and when.

 

What should I do though, if they provide the CCAs?

 

 

 

Thanks

[dx100uk]

scan it up

follow the upload

 

 

dx

[vandatoria]

Hello All,

An update for you. I’vereceived a letter from Moorgate in relation to one account; “Unfortunately, weare unable to supply a copy of the Credit Agreement and we acknowledge thatuntil we do so the agreement cannot be enforced. However, the balance of theaccount is still outstanding and we will continue to pursue this debt……continueto contact you ……”. I clearly don’t what to continue getting calls and lettersfrom them. Any advice would be gratefully received.

With another account, they have sent photocopies of a creditcard agreement regulated by the consumer credit act 1974 that have a “MBPRE1_0_ABMG_13”I assume this is 2013. It contains APRs and charges that are completelydifferent to those I agreed to. The alsoenclosed a copy of a printed document Credit Card Agreement Regulated By theconsumer Credit Act 1974, with different terms and conditions (in fact the onesI believe I agreed to) and a tick box for my signature dated 30/11/2005. It isalso noted as being executed by Jonathon Back (Director) on behalf of MBNA on30/11/2005. Is this acceptable?

In regards to the other two accounts, they haven’t sentanything yet – the time has long since elapsed – what should I do?

Thanks again all

[dx100uk]

Start a new thread for each debt

 

DX

[Bazooka Boo]

] Received a letter from Moorgate in relation to one account; “Unfortunately, we are unable to supply a copy of the Credit Agreement and we acknowledge that until we do so the agreement cannot be enforced. However, the balance of the account is still outstanding and we will continue to pursue this debt……continue to contact you ……”. I clearly don’t what to continue getting calls and letters from them. [/font]

 

The letters are part and parcel of their harassment campaign, and, until such time as they can magic up or find the agreement, can be filed away under ignore.

There is absolutely nothing at all to be afraid of with these puerile threat letters, they often give you a good giggle.

 

As for calls, if they are ringing you, then you can either, laugh and hang up, or tell them ''everything in writing'' and hang up, or send them this

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

[theoldrouge]

Until they can comply, they can contact you and ask for payment

 

but on each occasion they must inform you that the debt is unenforceable in order to comply with the FCA guidelines

 

Your best ignoring until/unless they comply

[mj4j2000]

Sorry to hack your thread.

 

these solihull base debt collector very hard to negotiate.

 

i start negotiate with them since last year from 10% at last they agreed on 75%.

 

Watch out them they might hold your account for few days until they got your original cca then the play start again.

 

hope yours one not like my case.

they found my orginal cca.

 

But its better start with sending cca request letter to comply.

if you area home owner its very hard if not then it is very easy

 

As you have 22 creditor.

Flowing debt collector are very easy to negotiate

Apex, Regal Credit, Iqor, Wescot, Natwest,Co-oparative, Sainsbury and Aktiv kapital they all agreed my debt 25%% to 50% only moorgate found very hard.

 

Careful when you send a cheque to them if they agreed

 

Always use 3rd party's cheqe along with TERM and Condition which can be found in this web site FULL and Final Settlement Form section

 

. If you need my template pm me.Good luck

Edited September 22, 2015 by mj4j2000

[dx100uk]

please don't PM

 

 

I hope you've had all your CCA returns checked by CAG.

 

 

its really a waste of money to F&F..go burn it or have aa holiday.

esp if the debt does not show on your CRA file....