Moorcroft accessed my ISA and took payment without permission.

dougens
dougens Posts: 51 Forumite
First Anniversary First Post Combo Breaker
in Debt-free wannabe
Hi there

My girlfriend has just accessed her ISA (RBOS) and seen that £2200 has been taken from her account without permission.

Moorcroft debt recovery bought the debt from her credit card company and she contacted them two weeks ago stating that she had some money to pay them off but not the full amount (£4600)
She offered to pay them £1500 as long as the debt was fully cancelled.

She had £3100 in her ISA but needed the remainder to live on.

As far as I'm aware from looking online this is illegal.
Surely no one can authorise a payment from your account apart from the account owner.

What can she do about this?

Most info I got is from here:

http://www.money.co.uk/article/1009019-can-debt-collectors-take-money-from-your-bank-account.htm

So once the debt is bought and no longer owned by the bank they have to actually take you to court prior to accessing your account without your permission.

The two issues are:

Why did the bank give the authorisation?
How can Moorcroft take money without my permission?

Also, is the debt fully wiped now?

Please any help greatly appreciated.

Thanks
«1

Comments

  • dougens
    dougens Posts: 51 Forumite
    First Anniversary First Post Combo Breaker
    Any advice on this?
    Thanks
  • poppasmurf_bewdley
    poppasmurf_bewdley Posts: 5,909 Forumite
    Name Dropper First Post First Anniversary
    Have Moorcroft taken out a Garnishee Order? This enables them to take money from an account without permission.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Who was the card with originally? Are you sure Moorcroft have bought the debt rather than acting on behalf of the card company?
    Still rolling rolling rolling...... :) <
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  • dougens
    dougens Posts: 51 Forumite
    First Anniversary First Post Combo Breaker
    As far as I'm aware no.
    She doesn't own property either.
    The only correspondence she has had is an offer to pay a lesser amount, which she couldn't pay so she offered what she could at £1500.
    I'm guessing they wouldn't have accepted the offer (we were awaiting their reply from her offer made two weeks ago) and she would have had to pay more.
    Is it worth seeking legal counsel?
    A friend used to work for a debt agency and he says it's illegal and if followed up the money can be recovered and debt wiped on grounds of this.
    Also surely the bank is at fault as cannot allow payment to be made without any permission granted?

    Thanks for replies and help.
  • poppasmurf_bewdley
    poppasmurf_bewdley Posts: 5,909 Forumite
    Name Dropper First Post First Anniversary
    For that amount of money, yes, seek legal advice.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • DS4215
    DS4215 Posts: 1,085 Forumite
    Did she provide them at any time with the details of this ISA account? - even if this was a previous payment towards the debt?
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    First Anniversary Combo Breaker Debt-free and Proud!
    Yes, HOW did they get access is more pertinent. Its not plastic, so they couldnt have processed a continuous payment authority.

    Are we sure that Moorcroft took it? Not the bank covering a debt of theirs?

    I would be onto the bank and screaming at someone to explain what the hell happened if I were you.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
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  • dougens
    dougens Posts: 51 Forumite
    First Anniversary First Post Combo Breaker
    I'm not sure.
    Is it best to speak with the bank or Moorcroft to find out if the debt has been fully bought?
    Surely they must have to tell you legally who owns the debt now?
    Thanks
  • dougens
    dougens Posts: 51 Forumite
    First Anniversary First Post Combo Breaker
    Thanks for replies.
    We contacted the bank and it was moorcroft who took the money.
    She has never given any bank details or permission to Moorcfoft or the bank to access the account or take money.
    She has never made a previous payment via moorcroft. She will have doen via the bank but that was years ago when the card was still valid etc.

    Is it best to speak with the bank or Moorcroft to find out if the debt has been fully bought?
    Surely they must have to tell you legally who owns the debt now?

    Thanks agin for all your help.
  • dougens
    dougens Posts: 51 Forumite
    First Anniversary First Post Combo Breaker
    Sorry the card was with the same bank as she banks with.
    can understand them taking the money but has been bought from moorcroft, just need to find out whether it has fully been bought..... not sure if debt collection agencies can half buy debts etc.

    The main thing is no one should be able to access her account without her permission no matter how much money you have or owe.....?

    Thanks for replies
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