NBNA - Moorgate - Arden help!

bokken

Hello. I am a first time user here so I will try and be a concise as I can with my information. I realise there is a whole host of information on here, but I am a little confused as to what/how to apply it to our situation.

The History.
Both myself and the other half had NBMA credit cards that got out of control (I know mistake #1)
We took an arranged payment agreement with NBNA (one account was in arrears, one was not) and in time (1.5 years) was informed they had been moved to Moorgate, so we set up payment plans with them. We have paid off one fully and been hitting the other one pretty hard for the last 6 months (£600).

Both of the accounts were paid out of one bank account and one month (June) the payment was mistakenly sent to the wrong account and the payment was sent back two weeks ago, unfortunately this means the intended account was not paid. We got a letter dated the 19th July stating we have defaulted and now Arden will be seeking payment or we should arrange payment. I immediately paid the overdue amount thinking this will resolve it and now find ourselves in a whole new negotiating game.

The Current Stance.
The original payment plan with Moregate was for £80 p/m as of Jan we have been paying £600 p/m (this should show our desire to pay). Due to the missed payment in June (now paid) Arden are asking for bank statements so they can tell us how much we can afford to pay them (something we have no intention of doing as we are giving them way above the agreed amount and need to keep flexibility of payment reduction).
The say we can continue paying to the same account details so I am presuming Arden is part or Moorgate.

Should we just continue paying as we have been and ignore the calls and letters? and who do we sent the CCA letter to?

Apologies for the long winded message and thank you for your assistance in advance.

happy_bunny_2

Arden and Moorgate are the same company.

If the accounts are pre 2007, send a CCA request as without it they can't get a CCJ if defended. They need the signed original. This will likely allow you to get a reduced settlement figure.

What do the accounts show on your credit files? What's the balance, approx?

Just pay them £80 not 600 until they decide to listen to you and wait for the result of the CCA request. No reply in 14 days and the balls in your court.

And CCA to Arden.

bokken

Thank you bunny.

The original NBNA is pre 2007, but not with Moorgate, I think that was 2011

The outstanding balance is £4,762.64 according to the letter they sent me, I have not checked my credit file yet, I will do this tomorrow.

Thanks

matttye

I would just keep paying as you have been. It wouldn't be in their interests to take you to court when the debt will be paid off in 8 months anyway.

I suspect they're getting a lot more than what the minimum payment would've been if you hadn't defaulted. They're more than likely happy with it, just trying their luck.

bokken

Ummm! I have sent off the CCA request, but obviously need to allow them time to send it to me. But they have since sent me other letter.

"I am very concerned that you have not taken steps to address the outstanding balance referred to in our previous letter (Balance on this letter dated 1st Aug £4172.64, balance on previous letter dated 19th July £4762.64)

Failure to come to an acceptable arrangement with us could result in us taking further action on your account. The options available to us are:

• Sending a representative to your address to discuss the matter in person.
• Passing your account to our solicitors to obtain Judgment and seek enforcment actionin line with your circumstances.

Bla, bla bla"

What I dont understand is the outstanding balance has been reduced £590.00 between each letter so how am I not addressing the outstanding balance? It sounds like they are looking for me to pay the whole lot outright (not going to happen)

I have had verbal discussions with them and now refuse to do so again as I want to do everything in writing and signed for delivery so how should I best tackle this as I do not want someone turning up on my doorstep.

I have refused to fill out an income and expenditure form just because I have been shifted departments and a large part of the overpayment comes from my Husbands salary. Should I just fill out the form again and be done with it to show compliance?

Many thanks.

bokken

The more I read the letter the more convinced I am about filling out their expenditure statement.

My husband has flatly refused for his earnings to be listed along with the balance information on our Mortgage, so the statement gets kind of twisted as my monthly income is only £900.00 but the essential expenditure is £1800.00

I have offered them up £100.00 PCM although we are going to carry on with £590 to get shot of it.

Any views on their letter. I am concerned with the treat of a door step visit.

izools

They have no legal right of access to your property or even to step foot on your garden pathway without a court order or your express consent.

They won't take you to court if you're paying them even £80 a month.

They seem to be in breach of S.40(1) of the Adminsitration of Justice act where they are falsely representing the consequences that may lie from your (falsely) alleged inaction.

They are also intentionally intimidating with intent to extort which constitutes harassment.

Point all this out to them in a letter, reminding them that should any representatives or affiliates of their organization set foot on your property you will seek action for the criminal act of trespass and you don't take kindly to threats of illegal action against you.

Also remind them of S40(1) of the Administration of Justice act.

Advise you are going to continue to pay the £80 / month as previously agreed until the debt is clear but only if it is substantiable at law and that at this point this is being paid under protest until you are satisfied that they have complied with S.77 of the CCA.

Good luck! :beer:

matttye

I just want to emphasise the importance of what izools has said above. Everyone has an 'implied right of access' and only become trespassers when that 'implied right' is taken away from them - i.e. when you tell them they're not allowed to visit your property, or if they visit and you ask them to leave.

(this is not including offences like burglary etc. as there's no need to go so in-depth here)

It is therefore important you tell them they're not permitted to visit you.

happy_bunny_2

It's a standard template letter, as long as there is an outstanding balance the computer will spit it out periodically until someone tells it not to.

Good advice above on doorstep threats.

They have 14 days to respond to the CCA or the account is classed as in dispute. I would wait to see what they come back with.

bokken

Thank you so much for your help and input. I am going to carry on with the payments as I have been doing while I wait for my CCA, and am sending the below final letter to close communications off.

"I am writing to you in reply to your above referenced letter dated the 1st August 2013. I am not sure if this was a standard letter template sent out just because a computer decided to do so, but it is factually incorrect with intentionally intimidating content with intent to extort, this I believe constitutes harassment.

You say you are concerned that we have not taken steps to address the outstanding balance referred to in your previous letter, a balance of £4,762.64 but the balance on your above referenced letter is £4,172.64 this represents a 12% payment. On the numerous phone calls to you I have explained our current circumstances and the very fact we are paying every month demonstrates our action on tacking the outstanding balance.

I am not sure what acceptable arrangement you are hoping to come to that differs from our current arrangement of me settling the outstanding balance on a monthly payment basis. To clarify this was agreed at £80.00 per month with Moorgate and I have been paying £590.00 per month since January 2013 (Again demonstrating my desire to address the outstanding balance). Considering that Arden and Moorgate are one and the same company this should be easy for you to validate. With the above in mind and S.40(1) of the Administration of Justice Act I have the below points to your appraisal of your available options, and a third you seamed to of missed off.
• Sending a representative to my address to discuss the matter in person. You only have “implied right of access”, this has now been revoked as I am now informing you in writing that this right has been removed. You are not permitted to visit me.
• Passing my account to your solicitors to obtain Judgment and seek enforcement action in line with my circumstances. This is your right to do so if you wish, but considering I am paying every month I fail to see what this will achieve. I have included with this letter your income and expenditure statement with my offer of payment set at £100.00 per month.
• Option 3! Let me carry on paying the outstanding balance as I presently do so and I will more than likely be out of your hair in less than a year.

I will continue paying every month the formally agreed £80.00 per month as agreed with your partner company Moorgate with digressional payments of up to £590.00 depending on available finances. On the 5th of August I posted out via recorded delivery a request for my CCA on this balance.

Yours sincerely"

I am hoping this will be enough posturing for them to back off

Fingers crossed.

Once again thank you so much for all your help, would of still been scratching my head if was not for your support.

bokken

OK! So they have both my Letter and CCA request. The Royal Mail tracking put the CCA as being signed for on the 6th of august (24 days, or 18 work days) but they have not cashed the £1.00 check signed for by my Husband (did not want to give them my signature on a plate ). Is the 14 day action time from when they receive it or when they collect the payment?

Thanks all.