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Can moorcroft increase my payment?
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fannyannie_2
Posts: 193 Forumite
Hi, just wanted to ask if Moorcroft can increase my payment without asking me first? I'm currently paying £10 a month off a credit card debt and they have sent me a letter saying that i have to increase my standing order to £15 a month instead.
Do i have to pay the extra, i cant afford it and i think they know that. Because i have a standing order can they increase it and take it out without my permission, the extra money wont be in there if they do and i dont want bank charges.
Thanks for replies in advance
Do i have to pay the extra, i cant afford it and i think they know that. Because i have a standing order can they increase it and take it out without my permission, the extra money wont be in there if they do and i dont want bank charges.
Thanks for replies in advance
Baby Thomas Jake 'TJ' is due 01.11.10
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Comments
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You are not obliged to increase you payment, and as it is a standing order they can't do so without your permission.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Plus, if they try to bully you into upping payments, then remind them of this.
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdfPhysical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
a. contacting debtors at unreasonable times and at unreasonable intervals
b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing
c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties
d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties
e. not informing the debtor when their case has been passed on to a different debt collector
f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which suggest harm to debtors
h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so
j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, for example, by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
How old is the debt ? Did you receive a notice of assignment from them. Also if you had late payment charges applied to the credit card account , you can claim back some of this excessive charge . Example if you had 20 late payment charges of £35 = £700 , the agreed fees are now £12.50 , so claim back the difference . This will reduce the amount you owe .
Or if the debt is now with a DCA , you could request a copy of the true signed agreement .Without this the account is legally unenforceable , and I am sure they would be happy to keep payments as they are !0 -
Try reading this thread http://www.moneysavingexpert.com/news/loans/2009/11/debt-write-off-loophole-closed-by-court and you will see this 'circum-navigation' of responsibility has died on its Ar$3Or if the debt is now with a DCA , you could request a copy of the true signed agreement .Without this the account is legally unenforceable , and I am sure they would be happy to keep payments as they are !0 -
Try reading this thread http://www.moneysavingexpert.com/news/loans/2009/11/debt-write-off-loophole-closed-by-court and you will see this 'circum-navigation' of responsibility has died on its Ar$3
Absolute nonsense! It changes nothing nor does the recent case that has come to light! http://forums.moneysavingexpert.com/showthread.html?t=2100817&highlight=
2010 - year of the troll
Niddy - Over & Out :wave:
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This case has very limited effect on other cases . If the circumstances are the same then yes , but if you read the grounds of the appeal then you would realise that a signed agreement was in place and produced in court ! The main point I and others are making is without producing a true signed copy of a CCA debt collection agencies have no right to harass and hound people . And should not threaten people with court action . In a recent case the Judge actually said the main reason he found in favour of a defendant was the non production of an agreement in court.Try reading this thread http://www.moneysavingexpert.com/news/loans/2009/11/debt-write-off-loophole-closed-by-court and you will see this 'circumnavigation' of responsibility has died on its Ar$3
The FACTS ARE THAT ONE LARGE BANK DISTROYED ALL PAPER RECORDS OF AGREEMENTS . Why did they do this ? Because to keep the paper copies would have cost them money . So now what they have is microfilm of records ,that do not reproduce very well and in many cases have been wiped off .
So maybe its you that has fallen on your A---e ?0 -
Are you sure it's a standing order and NOT a direct debit? They can alter a dd but not a so.CCs @0% £24k Dec 05 £19,621.41 Au £13400 S 12600 Oct £11,981 £9481 £7500 Nov £7250 D £7100 Jan 6950 F £5800 Mar£5400 May £4830 June £4660 July £4460 Aug £3200, S £900, £0 18/9/07 DFW Nerd 0420
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Moorcraft tried this with me about 3 months ago. I received a letter stating that they'd recently reviewed my account and at the current rate of £10.00/m would take me x.no of years to pay off so they were increasing my monthly payment to £15.00/m effective immediatly and to inform my bank of the change of Standing Order. I immediatly sent them my SOA and a letter stating that I couldn't afford the increase of payment by even a mere £5.00.
They wrote back and said they understood my situation and would re-review the account in another 6 months. My SO remained at £10.00.
Although my friend who was in the same position as me, agreed to the increase, forgot to up her SO and was called 3 months later and told that her account was in arrears by £15.00 (3x£5.00) and it needed to be paid immediatly.0 -
Just write to them and say the situation is the same and that as far as you are concerned it has not changed and you will only pay £10 as agreed. They can review all they want, but hey doesnt mean they are going to get.0
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