spent2much UE diary

[Pixie]

Re: spent2much UE diary

You can check on the providers' websites whether or not you'll get a good signal in your area.

[Spent2much]

Re: spent2much UE diary

Type of account (overdraft Lloydstsb) husband's

Date commenced (2003)

Approx balance (£520)

Date last paid (22 June 2012)

Are you on arrangement or not paying (was on dmp now stopped paying)

Status (default/cca being sent )

Account owner (moorcroft)

Letter from Moorcrof today, say they need a £1 before they can process mt request .
this is an overdraft account i thought no £1 payment was needed

20/7/2012 received from Moorcroft.
they have returned the £1 postal order which was made out to Moorcroft as they had requested and are now saying that we need to send another one to Ltsb as they have requested this instead.
i actually wrote both Moorcroft ref and client ref ,so i fail to see what the problem is here .
What a waste of money .

[Pixie]

Re: spent2much UE diary

Moorcroft are idiots! They requested the cca for my credit card from LTSB instead of my overdraft.

[Spent2much]

Re: spent2much UE diary

i don't feel like paying for another postal order when they have messed this up.

[Spent2much]

Re: spent2much UE diary

You don't need to write the name of the payee on the PO, just leave it blank. I've sent blank POs many times, never had a problem with them.

Moroncroft are just honouring their name!

as faras i am concerned both ref numbers are on their letters , i feel they are just being awkward

[Spent2much]

Re: spent2much UE diary

thry can wait now until next week if i have to send them another one

[Pixie]

Re: spent2much UE diary

The PO I sent was blank.

[Spent2much]

Re: spent2much UE diary

The PO I sent was blank.

i should have just left it blank, but i feel they are being idiots as i wrote both ref numbers on the back

another £3 to send them and the po they returned is no good now as its written out to Moorcroft

[Susie]

Re: spent2much UE diary

Could you not return it to them with the template highlighting the fact that as its them chasing its their responsibility to get the agreement from Lloyds? If nothing else it would buy you another few weeks!!

[Spent2much]

Re: spent2much UE diary

Could you not return it to them with the template highlighting the fact that as its them chasing its their responsibility to get the agreement from Lloyds? If nothing else it would buy you another few weeks!!

I think this is a good idea, why are they refusing when they took the debt on, its their problem not mine, i never asked them to buy the debt from Lloydstsb, thats what happens when it starts making life a little difficult for them. I have all the time in the world and the longer this drags out the better.

What template would i send it back with ?

[vint1954]

Re: spent2much UE diary

20/7/2012 received from Moorcroft.
they have returned the £1 postal order which was made out to Moorcroft as they had requested and are now saying that we need to send another one to Ltsb as they have requested this instead.
i actually wrote both Moorcroft ref and client ref ,so i fail to see what the problem is here .
What a waste of money .

The £1 fee is for agreements covered by s77 - s79 CCA 1974. Overdrafts are not covered in these sections.

Current accounts with overdraft facilities are covered under section 74.

Section 74 (1) (b) of the Consumer Credit Act 1974 provides that the procedures under the Act for the execution and signing of a credit agreement do not apply to an overdraft on a current account. It follows that being exempt from the requirements in part V of the Act that there will be no documented agreement and section 77/78 does not apply.

There should however be a letter stating your Overdraft facilities and charges.

Truth be told, they wont know the difference

[Spent2much]

Re: spent2much UE diary

The £1 fee is for agreements covered by s77 - s79 CCA 1974. Overdrafts are not covered in these sections.

Current accounts with overdraft facilities are covered under section 74.

Section 74 (1) (b) of the Consumer Credit Act 1974 provides that the procedures under the Act for the execution and signing of a credit agreement do not apply to an overdraft on a current account. It follows that being exempt from the requirements in part V of the Act that there will be no documented agreement and section 77/78 does not apply.

There should however be a letter stating your Overdraft facilities and charges.

Truth be told, they wont know the difference

I know but they wrote back and said they need a £1 so i sent a postal order the post office wrote it out to moorcroft and on the back i worte both ref numbers for moorcroft and tsb , and they sent it back saying it has to be written out to tsb

[vint1954]

Re: spent2much UE diary

If they are chasing you for the debt, they are acting as agents for TSB and should deal with your request.

The OFT states:

1.11 In the context of this guidance:
• 'creditor' includes the owner under a hire purchase agreement, a supplier under a consumer hire agreement, or a member of staff, an agent or associate, acting on behalf of a creditor in the debt recovery process;

You could try writing to them stating that it is their duty to supply the information as they are acting as an agent of the original creditor. If they wanted it written out to someone in particular, they should have stated so upfornt.

[vint1954]

Re: spent2much UE diary

Or in 3.23

h. third parties, including tracing agents, debt collection agencies and law firms, which are involved in the debt recovery process, failing to pass on to creditors information provided by individuals who are disputing debts
i. a creditor imposing limitations on the number and the extent of reasonable applications that can be made to it for documents or other relevant information pertaining to debtors, in respect of agreements in which it is, or has been, the creditor, by a business seeking such information to better facilitate its pursuance of the relevant debt(s).

You could write back to them, returning the PO, stating that their actions are contrary to the OFt's guidence on Debt Collection.

[Susie]

Re: spent2much UE diary

I think this is a good idea, why are they refusing when they took the debt on, its their problem not mine, i never asked them to buy the debt from Lloydstsb, thats what happens when it starts making life a little difficult for them. I have all the time in the world and the longer this drags out the better.

What template would i send it back with ?

I would just amend the CCA request one,

Thank you for your letter of xx xx xxxx attached (attach a copy)I would remind you that if it is your view that you are not the creditor, s.175 of the CCA1974 applies - then the rest as in the letter