Halifax OD /Moorcroft and now assigned to Link Financial

[momon121]

This is on behalf of a friend:-

 

In 2016 Halifax transferred my friends overdraft of £5000 to Moorcroft without notifying him.

 

They had a regular job so wages were going into the bank account. There were no issues with late payments etc. Halifax never rang or wrote to him to discuss how to better manage his overdraft. Also Halifax without notifying him increased his overdraft limit from £2000 to £5000.

 

One day out the blue he gets a call from Moorcroft - not knowing what the conversation entailed so in panic he agreed with them over the phone to set up a repayment plan. There has never been no written documents or contracts every signed between my friend and Moorcroft. 
 

Strangely in May 2020 I receive a letter from Link Financial Outstanding demanding a full payment of £3769 for failing to maintain payments.

 

My friend is really stressed and confused and he doesn’t know what to do ? 

 

can anyone please advice us on this matter.

 

regards 

 

 

 

 

 

 

 

[ericsbrother]

you say that YOU received a deamnd for the sum of £3769, if this is your friend's debt them how come they wrote to you? were you a guarantor?

 

Also it is a bit odd that an obverdraft got transferred to a debt buyer when the account was still live. Did they close the account at the same time?

we will need a little more of the picture to be able to offer suggestions so when was account opened,, when closed(if at all)

who does friend bank with now what was the first bit of paperwork from Moorcroft and when

[momon121]

Sorry that was a typo he’s has received a letter not me. I’ve spoken to him and he says the bank is still and never ceased. They now use nationwide.

 

He doesn’t have much paperwork from Moorcroft others than one dated June 2019. 

[Andyorch]

Moorcroft dont buy debts...so they were basically acting on collection only on behalf of Halifax......now it appears that the debt has been assigned to link. Did your friend receive a Notice of Assignment from Halifax/ Link informing in of the assignment ?

 

Andy

 

Topic title updated.

[momon121]

I’ve just spoken to him and he has never received no letter of notice of assignment from Halifax or Link. This is what has baffled him all this has been happening without any prior notifications or any letters sent to him.

 

Thank you so much 

[Andyorch]

You need to find out what date he actively used  (deposited or  made a payment ) from the Halifax account and what date he switched to the Nationwide

[dx100uk]

has he moved address too since opening this account?

 

 

[momon121]

Yes he has however there has been no letters from the above companies 

[momon121]

1 hour ago, Andyorch said:

You need to find out what date he actively used  (deposited or  made a payment ) from the Halifax account and what date he switched to the Nationwide

Just waiting upon this information 

[Andyorch]

23 minutes ago, momon121 said:

Yes he has however there has been no letters from the above companies 

 

Apart from Links....so they know the current address

[dx100uk]

i bet not 

just a phishing letter to see if he responds ..though we've not seen link go for backdoor ccj of recent...

 

dx

 

[momon121]

17 minutes ago, Andyorch said:

 

Apart from Links....so they know the current address

No the new letter from Link is sent to the old address 

[Andyorch]

How did it get to the current address ?

[momon121]

2 hours ago, Andyorch said:

How did it get to the current address ?

It hasn’t gone to the current address the new correspondence was delivered to his old address. His ex informed him of the new letter 

[dx100uk]

if he is good relations with he ex he needs to do nothing

BUT if an important letter like a court cliam or a letter before action or claim were to arrive and he didnt get it in a timely manner (like within 10days)

then it could harm him

 

might be better to WRITE to them simply informing them (as he should have done with ALL debts paid or not/used within the last 7yrs) of his correct address

 

dx

 

 

[momon121]

6 hours ago, Andyorch said:

You need to find out what date he actively used  (deposited or  made a payment ) from the Halifax account and what date he switched to the Nationwide

Just waiting for this information 

 

He is in good contact with his ex however he has never received any court summons regards this debt.

The very first time we was by Moorcroft - it was a telephone call and nothing signed between the two parties. Halifax neither informed of him that his debt would be managed by Moorcroft.

 

By writing to them would that not entrap him and oblige him to continue with his debt ? 

 

 

letters.pdf

[dx100uk]

done it for you as you srtill left names and ac number showing

 

those 2 letters

one is a statement of AC that Plink must send if they consider thenselves the owner of a debt and want to charge interest and penalty fees under FCA rules.. which a DCa cant anyway.

 

the other if you read carefully, says our client LINK.

so the debt was sold ages ago.to link

 

pers i'd tell him to stop paying and stop being a cash cow.

 

 

 

 

[momon121]

If he stops paying, will he then not be subjected to any CCJs bad credit etc? 

thank you for concealing the names and account number I’m sorry 

 

[dx100uk]

i would suggest if he looks at his credit file 

the account already has an entry that states defaulted date : xxxxxxx - what is that date?

 

HBOS have SOLD the account to link for about 10p=£1.

so why do you think they have done that for pittance....when any major bank could have taken him to court and CRUSHED him?

 

something smells here.

 

if the debt (or some of it) was enforceable , then why sell it for pennies?

 

dx

 

[momon121]

Pardon my ignorance how could he check his credit file? What does the default date mean? Sorry this is new to me so I can explain to him.

 

If HBOS sold the debt to Link then why did Moorcroft attempted to collect money on behalf Halifax before Link started sending mail to his old address.

 

 

[dx100uk]

clearscore

credit karma

creditexpert

 

websites.

 

a defaulted debt means that the debtor has broken the terms of the agreement/facility and the original creditor has send a default notice under section 87 of the consumer credit act and thus registered the defaulted status...typically this happens upon sale to a debt buyer/dca or before if the debtor had previous historic issues.

 

any defaulted account vanishes from your credit file never to return on the defaulted dates 6th birthday. paid or not paying or not. doesnt mean the debt might not be owed still mind.

 

as for the sale of the debt, as explained earlier by anduorch, moorcroft don't buy debts, they just chase for their stated client...i suspect over time numerous letter have not been forwarded on from the old address, hence the confusion on the owner and no notice of assignment to link from HBOS . moorcroft will not care their client had changed, they'll be quite happy to still be cash cowing the poor debtor.

 

its worthy to note a DCa is NOT A BAILIFF

and have

ZERO legal powers on ANY debt, no matter what it's type.

 

as for CCJ's etc, if he updates all those on his credit file of his new address, he can't be open to backdoor CCJ's via a court.

 

a must IMHO.

 

 

 

[momon121]

Thank you so much. Would it advisable for him to cancel his direct debit and ignored any future correspondence from Link for the likes of ? 
 

Thank you so much 

[dx100uk]

after updating address as above.

pers i'd stop payments to link until / unless he gets a letter of claim.

 

get the credit file info 1st. mind.

 

 

[momon121]

Does he update address via creditexpert? 

[dx100uk]

3 hours ago, dx100uk said:

if he is good relations with he ex he needs to do nothing

BUT if an important letter like a court cliam or a letter before action or claim were to arrive and he didnt get it in a timely manner (like within 10days)

then it could harm him

 

might be better to WRITE to them simply informing them (as he should have done with ALL debts paid or not/used within the last 7yrs) of his correct address

 

dx

 

 

 

his current and correct address i bet is already on his credit file

but he must do as above to those debt owners listed on his file