Advice please re legal threat letter to pensioner

BigLad_2

Hi,

My mother unfortunately fell into the debt trap along with so many of the rest of us. She has arrangements to pay all creditors a nominal sum of £ 5-00 per month and never misses payments, though she has little chance of paying back the full sums owed (only income is state pension).

Today she received the letter below and is extremely worried by it. Can anybody please advise what we do.

Thanks in advance for any assistance.

Jon.

Goodtimesahead

The usual threatening letter lol!

These debt collectors thrive on fear letters to get more money out of you. Remember all debt recovery agents pay between 5-20p mx in the £ to buy the debt from lenders who can't be arsed to collect it themselves. If she has no property assets etc I wouldn't even bother about it. Depends on how old the credit card debt is, when did she sign the agreement?

You could always pay £1pm and explain that if it goes to court that's the max you can pay anyway so they would be wasting their time. I doubt they will take court action unless they know there are plenty of juicy assets about. Or make a full & final offer but don't say its from her direct but a friend maybe able to lend her the money but only if a full & final offer is agreed say an offer of £ 500 and only on the basis that they assuming they are the legal owner of the debt which can be seen on her credit file, that they remove the data from her file or reset the payment history to 0000's and remove default and to just show satisfied.

If her credit file shows Barclays as the owner, then you can ask Barclays to remove the onerous data ie wipe the file as they would be showing incorrect data on your file which is unlawful.

Then in means if you settle with Moorcroft just tell them that this is the end of the matter and not to record any data on your file, which they won't be able to do anyway as they aren't the legal owner of the data lol!

Good Luck!

hoyles10

First of all speak to them. My wife has had dealings with Moorcroft in the past with her Barclay card account and they are very helpful if you speak to them. I don't have much advice as i'm rubbish at giving advice about money matters but all I know is they were very helpful with our situation at the time and i'm sure they will be helpful if you speak to them as well.

They might tell you that they have to get back to Barclay card in the next 14 days and if something isn't in place by that time then Barclay card will seek to claim the debt back in full so it is important you speak to them asap.

Sorry I can't be of more help.

CLAPTON

It a fairly standard sort of letter to try to get more money.

It is possible that they will go to court for a CCJ...if so its essential tht your mother response to any summons.
However, unless your mother has assets (i.e. a house) then its extremely unlikely that they will go to court because a judge will not make any order to pay from a basis state pension.

I would suggest she writes to them recorded delivery explaining her financail circumstances and saying she can only afford the £5 a month.

fatbelly

Hi BigLad

Yep, it's one of Moorcroft's standard letters. They work through the set, then return the debt to the creditor.

At the CAB, I find Moorcroft nearly always accept the monthly amount offered as long as it is accompanied by a financial statement.

It might be worth your mum popping along to her local bureau as there might be better options for her than a 58-year debt management plan! They can also check that her benefit income is correct, and look at the whole picture.

PNPSUKNET

It sounds to me like barclaycard still own it, moorcroft are just acting as monkeys. (nothing new) write a letter to barclay card telling them how scared your gran is due to their agencys actions.

BigLad_2

Thanks folks,

I've drafted a letter for her and will send it registered mail on Monday along with a copy of her income and expenditure.

Thanks to all for their input.

Cheers

never-in-doubt

BigLad wrote: »

Thanks folks,

I've drafted a letter for her and will send it registered mail on Monday along with a copy of her income and expenditure.

Thanks to all for their input.

Cheers

When did she take the card out? have you considered unenforceability?....... also, they will not apply for a CCJ, they would simply go for a default which will happen in due course but whatever you do - don't worry!

Have a read of this, I done it yesterday - kinda handy lol: Dealing with Bailiffs & Debt Collection

BigLad_2

Many thanks NID,

Was hoping you'd chip in actually as I always value your input. All her debt is pre 2007.

Even a guy at her bank said she should never have been extended a loan she was given when he reviewed her case (wish I had it on tape). They also sold her PPI even though she's on a pension.

Yes she was naive getting herself into this - but I must say she was ably assisted by the professionals.

Cheers

Jon.

never-in-doubt

BigLad wrote: »

Many thanks NID,

Was hoping you'd chip in actually as I always value your input. All her debt is pre 2007.

Even a guy at her bank said she should never have been extended a loan she was given when he reviewed her case (wish I had it on tape). They also sold her PPI even though she's on a pension.

Yes she was naive getting herself into this - but I must say she was ably assisted by the professionals.

Cheers

Jon.

Jon,

No worries mate - if you need help then PM us - we're here to help.

From what you've said, STOP! Cancel posting the draft letter - we need to do things differently from here on-in and go for refunds first, then CCA then unenforceability...... basically, worse case scenario she will get a few hundred back to negotiate repayment of balance with.... don't just accept what they offer - we'll get you a better deal for her.....

You need to consider the following:

1. Reclaim charges
2. Reclaim PPI
3. CCA request
3a. Account in dispute
4. Report to FSO for mis-sale of loan to pensioner
5. s.10 Cease & Desist letter
6. Court action (if required)

If you get a chance, let us know some details:

- How many creditors does she have (assuming more than this Barclays one?)
- does she have colatterol (sp) - i.e. a mortgage or owned house
- Has a default been registered on this or any accounts
- How old is she? (sorry to have to ask but quite important)
- Is the balance mainly charges/PPI or debt?
- Have you SAR'd or CCA'd them?

Cheers - will need loads of info if you want to fight this.... otherwise you could back down and let them take her for everything....... Decide what action you wish to take and then let me know. Cheers

BigLad_2

Thanks NID - will be in touch.

Cheers