Old CCJ

[lookingforward]

Moorcroft took over collection on behalf of Barclays in 2009 of an old CCJ I have.

I admit to being late paying a few times, however I'm baffled by their figures. In July last year the o/s amount jumped by near on £300.00 on a £2.1k approx o/s amount.

Can they do this ? I can't find the original CCJ unfortunately but think it was for a credit card and must have been pre 2005.

I sucumbed stupidy to their demand to increase the monthly payment from £10 to £15 p/m and I stopped paying in June whilst I awaited a response to my online contact with them asking for a reason why the debt had increased.

They've now sent me a standard Moorcroft letter threatening possible court action unless I start paying £50 p/m. They state they've made numerous attempts to contact me....bollox they have, this is the 1st letter I've had since Feb.

I never get any statements from them or Barclays
As payment is due on 1st of the month and I often don't have the money until later, I get these letters a lot threatening court action, however I don't think they mean to enforce the CCJ, I think they mean they are threatening to get a CCJ (maybe they don't know that's what this debt is ??? )

I want to write to them explaining I was witholding payment awaiting a response to my question about the balance increase and request yet again that they furnish me with the reasons the debt has increased and to reduce it back down to where it should be, and in the meantime I will resume paying the original £10.00 p/m as per the CCJ instruction which is all I can afford, (I'll put that in to remind them that it is a CCJ already).

They won't be happy that I've gone back down to £10.00 I'm sure. Am I right in thinking there's bugger all they can do about it ?

[MrsD]

Re: Old CCJ

If the courst set the payment at 10 I think that's what they get, they would need to be going back to court to increase and then there would be a lot of inconvienient questions. I would be writing asking for a full statement for the missing years though and then let's see where we are.

[lookingforward]

Re: Old CCJ

If the courst set the payment at 10 I think that's what they get, they would need to be going back to court to increase and then there would be a lot of inconvienient questions. I would be writing asking for a full statement for the missing years though and then let's see where we are.

Thanks, so would I be ok sending this:

Write to them explaining I was witholding payment awaiting a response to my question about the balance increase and request yet again that they furnish me with the reasons the debt has increased and to reduce it back down to where it should be, giving me a full statement of the account and in the meantime I will resume paying the original £10.00 p/m as per the CCJ instruction which is all I can afford, (I'll put that in to remind them that it is a CCJ already).

Should they be sending me an annual statement, read somewhere that creditors are supposed to, but not sure if this applies to CCJ's ?

[MrsD]

Re: Old CCJ

there is an obligation to provide you with a yearly statement, so I'd definitely be asking for them first.

[lookingforward]

Re: Old CCJ

there is an obligation to provide you with a yearly statement, so I'd definitely be asking for them first.

I've not had one for at least 2 years, maybe longer.

Just wondering whether to ask for it in context of the letter I've suggested above as it would cover the fact that

a] I'm going to be paying £10 pm from now on again, not £15 p/m
b] It informs them that it's already a CCJ


I've missed June/July/Aug payment and Sept is now due. Should I pay £40 to bring up to date or can I put that I was awaiting a response to my question, hence was holding payment until now, and just pay £10 for september and continue monthly onwards.

[lookingforward]

Re: Old CCJ

I've not had one for at least 2 years, maybe longer.

Just wondering whether to ask for it in context of the letter I've suggested above as it would cover the fact that

a] I'm going to be paying £10 pm from now on again, not £15 p/m
b] It informs them that it's already a CCJ


I've missed June/July/Aug payment and Sept is now due. Should I pay £40 to bring up to date or can I put that I was awaiting a response to my question, hence was holding payment until now, and just pay £10 for september and continue monthly onwards.

Any views on this please ?

Thanks as always

[vint1954]

Re: Old CCJ

Hi Fedup,

As MrsD says, you really need to write to them, stating that you have witheld payments while they are in default of your request. It's not really a good excuse, but put it in.

Again as suggested, you need to remind them of their legal obligation to provide a yearly statement. Demand an explanation why they have not done so.

Also remind them that the court order is for £10 a month and advise them that you will resume this payment as it is all you can afford. (if you can afford it). Ask them why they sought to increase a court ordered payment, without going back to court for redetermination as they know they must do.

You can also ask them for an explanation as to why the debt has gone up. I don't think they can add interest if it is a CC debt.

Not sure about admin fees. I would think that they are not able to add these also. Lets see what they say in response to why the debt has gone up, then we can ask Niddy\Paul.

[lookingforward]

Re: Old CCJ

Thanks to Vint & Mrs D, just wanted to check on the wording. Will get a letter out on Monday

[lookingforward]

Re: Old CCJ

Re-visiting this thread as I had a letter yesterday.
Firstly to bring up to date.
Various letters going to and fro getting £10 p/m re-instated and getting a statement going back to 2009 which showed a debit called adjustment in 2011 of over £300.00 which wiped out anything I'd paid off the debt. When I queried this they said that Barclays advised it was so the barclays and moorcroft balance matched, and they can request copy statements which I asked for. Account was put on hold in Sept this year while endeavoured to provide an appropriate response from their client. I kept paying anyway and then this week a letter from Moorcroft acknowledging my recent correspondance (Sept ? ) and they confirm that the account is now closed on their system and they are no longer directly assisting their client with this account. The control of the account has been returned to them and I should address any future correspondance with them. To assist at this time they will forward as appropriate any correspondance (they like that word) onto their client to ensure their records remain updated.
If I have any specific queries in relation to their involvement on the account please contact them etc.

So now what where does the obligation lie ?
It's a CCJ so I've been ordered to pay but I need to hear from Barclays where to pay surely plus I'm still waiting for a response to this adjustment they informed Moorcroft about

Any thoughts

[PriorityOne]

Re: Old CCJ

Blimey.... they've bolted fast on this one! I'd be inclined not to pay anything more to anyone until someone writes to you and can establish a true balance with some facts.

Anyone claiming to collect on a CCJ should have sight of that paperwork anyway.... and Moorcroft have sent it back? Sounds like someone's cocked up with this one. Barclays advised an adjustment so that the balance would match? What a load of bollocks....

Don't chase it.... let it go until someone can explain themselves. Your next step would be a formal complaint asking for clarification under CPUTR.... and watch them run!

[lookingforward]

Re: Old CCJ

Blimey.... they've bolted fast on this one! I'd be inclined not to pay anything more to anyone until someone writes to you and can establish a true balance with some facts.

Anyone claiming to collect on a CCJ should have sight of that paperwork anyway.... and Moorcroft have sent it back? Sounds like someone's cocked up with this one. Barclays advised an adjustment so that the balance would match? What a load of bollocks....

Don't chase it.... let it go until someone can explain themselves. Your next step would be a formal complaint asking for clarification under CPUTR.... and watch them run!

I was hoping you'd say that with any luck I'll never hear from them again, that £10.00 p/m will come in handy

Thx

[PriorityOne]

Re: Old CCJ

I was hoping you'd say that with any luck I'll never hear from them again, that £10.00 p/m will come in handy

Thx

If you don't hear from Barclays, then whoever gets it next will need to prove the existence of that CCJ with evidence. If Barclays do contact you, they will need to establish the balance throughout so either way, it should be no walk in the park for any of them.

:-)

[SA Gold]

Re: Old CCJ

nice one Fedup!

[lookingforward]

Re: Old CCJ

Thank you, I'll sit tight