Raynham vs Barclays & Moorcroft

[veilside01702]

Well to my joy a close friend has problems with my favourite DCA.....Moorcroft.....lol
So I naturally offered to write their letters for them and get them up and running on here....

Miss Raynham lives with my friend, they have 2 children aged 2 and 4 years old....
When they got together my friend was in serious debt....
So Miss Raynham paid off his loans with a new one from Barclays.....
She was heavily pregnant and had Zero income.....
The staff at her local Barclays branch set up the loan using my friends income as the basis....
He is not even mentioned in the agreement at all......
After he was paying the full amount for a while....he found himself out of work so couldn't help pay......
They contacted Barclays to be told she would be defaulted and a DCA appointed.....
Credit Solutions did the original collections at an agreed £1 a month....
In June....credit solutions returned a cheque with a letter heading written by hand sayng " account settled".....
So they contacted the DCA....who said it had gone back to Barclays.....and as far as they were concerned it was settled....
Enter Moorcroft.....
First letter was standard 7 days or we 'litigate'.....unfortunately they were away dealing with my friends father dying suddenly.....
They returned on the 7th day given.....and called moorcroft straight away.....
They informed moorcroft of the note saying settled.....and moorcroft were unaware any other DCA had been involved or about the settlement....
They said they would investigate and get back to my friend.....
A letter ws sent to Barclays and Moorcroft explaining her income and asking to arrange a payment schedule as before for £1 per month....
Next thing she gets is a letter from Moorcroft stating that they have until 11th July to pay £6360.18 in full......(usual hot air threats)
This is where I got involved yesterday trying to reassure her that the bailiffs can't just kick the door in and take stuff away.....

[veilside01702]

I wrote a CCA request to Moorcroft and one to Barclays last night....
I added the £1 postal orders to each.......
I then wrote account in dispute letter to Barclays for failing to supply any statements of account in 2 years and Irresponsible lending practices....
Another letter to Moorcroft insisting that they put all correspondance in writing from now on. That they do not visit her property or they will be reported for tresspass and enciting tresspass if they send someone else...
Can anyone think of anything else to hit them with???
lol........

[hellhasnofury]

Hiya Veilside,
Can I ask you what you put in your letter re irresponsible lending please

[veilside01702]

I sent this to them 'hellhasnofury'......

'Account in dispute'
Dear Sir / Madam,
I am writing to inform you that this account is in dispute as I have not received any statements of account within the past 12 months as required under the ‘Consumer Credit Act 1974’.
I would also request you investigate the irresponsible lending decission that Barclays made in offering and setting up a loan, knowing I would be unable to repay it.

At the time of taking out the loan I openly disclosed my income as Zero, the staff then used my boyfriends income as the basis for this loan. Yet the loan was a personal loan in my name only. I believe that I should have been refused this loan as it was obvious I had no way to make the repayments from day one!

I also made the member of staff aware that I was heavily pregnant at the time you offered and set up the loan.
I therefore request that you to investigate my complaint urgently.

I reserve the right to approach your regulatory body in relation to this decission to irresponsibly lend money.

I have never attempted to avoid paying my debts, but feel you have caused me distress and anxiety due to the irresponsible way this loan was sold.
So far you have instructed 2 seperate debt recovery agencies to collect this alledged debt without investigating my concerns or contacting me to inform me of your decision. Are Moorcroft Debt Recovery collecting on behalf of Barclays or have Barclays sold this alledged debt on?
I therefore give you 7 days to contact me in writing and advise me of your progress in my complaint!

Yours Sincerely

[Goldlady]

There are lots of court cases about wives/partners having to guarantee their houses for husband/partner's business debts and the law now is that the banks have to ensure that the wife actually SEES a solicitor - not even take her word for it that she has - because they have lost so many cases where the woman argued she was under duress when she signed the agreement. I see similarities in your friend's situation.

[veilside01702]

Thanks for that goldlady....
She was stupid to take the loan in the first place...
But it seems wrong the bank sold her the loan knowing she didn't have any income....
She didn't even live with him at the time.....he was just her boyfriend...
And they got her to bring his wage slips in....
Bunch of numpties.......lol
I am gonna have them on this one.......lol
I soooooo hate moorcroft after the way the dealt with me.......lol
Russ

[Sapphire]

Well Veilside it certainly looks like you have this under control. I will certainly be waiting this thread with interest.

sapphire

[veilside01702]

Re: Raynham vs Barclays & Moorcroft

Well they got a letter from moorcroft on tuesday 11th September threatening litigation......lol
They seem to have forgotten they are way past the CCA request....
2 weeks or so....
So I am gonna write a new letter to moorcroft asking for them to explain why they have ignored a CCA request and are still persuing this alledged debt....
Any idea's of what to add in this letter??
Russ

[iancognito]

Re: Raynham vs Barclays & Moorcroft

Think the attached just about covers everything Russ - but I could be wrong!!!

[Paule]

Re: Raynham vs Barclays & Moorcroft

I have a letter hang on a min and ile find it

[Paule]

Re: Raynham vs Barclays & Moorcroft

amend to suit

Robinson, Way & Company Limited
London Scottish House
Quays Reach
Carolina Way
Salford
M50 2ZY

6th July 2007

To Whom It May Concern:
I refer to my letter dated 22nd June 2007, which was delivered to your offices on 26th June 2007.

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 22nd June 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you’ve had this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company then commits an offence. These time limits will expire on 12th July 2007 and 11th August 2007 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on 11th August this account will become unenforceable at law and no further payment will be made by myself to the account. Alsoyou will have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to your company
I will require the following action from Robinson, Way & Company Limited :

1. All payments made, to date, to yourselves for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Robinson, Way & Company Limited. Note: this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments, with interest and compensation, are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Robinson, Way & Company Limited or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing.
I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.



Just put your dates in to suit

[veilside01702]

Re: Raynham vs Barclays & Moorcroft

Thanks pkea and Iancognito.....
Modified and will be sent tomorrow along with copy to the director of moorcroft, so I can prove he was aware of his staff's actions.....Then he can't plead ignorance!
I don't know what I would all do without the support you give me.....
Russ



Miss. Raynham
xxxxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxx
xxxxxxxxxxx


Date of Birth:- xx / xx / xxxx

Barclays Ref:- xxxxxxxxxxxxxxx
Moorcroft Ref:- xxxxxxxxxxxxxxx
Account Number:- xxxxxxxxxx


To The Company Secretary,
Moorcroft Debt Recovery Ltd,
PO Box No.17,
2 Spring Gardens,
Stockport.
SK1 4AJ

Date:- 12th September 2007

To Whom It May Concern:
I refer to my letter dated 7th July 2007, which was delivered to your offices by 10th July 2007.

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 7th July 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you’ve had this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company then commits an offence. These time limits expired on 26th July 2007 and 26th August 2007 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on 26th August 2007 this account became unenforceable at law and no further payment will be made by myself to the account. Also you will have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to your company

I will require the following action from Moorcroft Debt Recovery Ltd.

1. All payments made, to date, to yourselves for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Moorcroft Debt Recovery Ltd. Note: this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been carried out by your company.

4. After a full refund of all payments, with interest and compensation, are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Moorcroft Debt Recovery Ltd. or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing.

I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

Yours Sincerely

Miss. Raynham

[veilside01702]

Re: Raynham vs Barclays & Moorcroft

Well......it gets better......Royal 'Bloody' Mail forgot to get a date of delivery on their recorded delivery slip.....
I have asked for a copy of the slip as an email and received the email.....
unfortunately they forgot to include a copy of the slip either in the email or as an attachment......
so this is my reply by email..........

Thank you so much for your email......unfortunately it isn't much help as you appear to have forgotten to include the requested copy of signature!
You did promise to send a copy as you had not scanned and put it on your website!
I was informed yesterday that the delivery person hadn't even put a date of delivery on the document.....
And the office had forgotten to stamp it with a date.....
Is this what I paid extra for??
I thought recorded delivery required a signature and date....??
Am I correct in saying Royal Mail can't even deliver a letter properly??
May I make a suggestion that Royal Mail invest in calenders and pens for their staff.....so they can write the date where it says..."DATE OF DELIVERY"...
I know it is a lot to cope with....all these letters.....but surely Royal Mail can cope with the basics??
1) Customer pays for postage
2) Customer pays Extra for Recorded Delivery
3) Customer places letter in Royal Mail sack
4) Royal Mail staff pick up and sort mail
5) Royal Mail staff deliver letter
6) Royal Mail staff fullfills obligation by getting signature and date on small card!
7) Customer checks for proof of delivery and confirms signature and date!
8) Customers Happy!

Not really that hard......I would have said 'any idiot could do it'..........but you just proved your idiot couldn't!!

So I would appreciate a copy of the receipt slip you have to prove delivery........whenever you actually managed to deliver it.......
COPY OF SIGNATURE......that is......!!

I would also like to suggest a new logo for Royal Mail......
DILLIGAF.....
Printed proudly on the staffs uniforms......
Do I Look Like I Give A F*ck........seems to sum up my views on your staffs attitude!

[Sapphire]

Re: Raynham vs Barclays & Moorcroft

Russ,

I wholeheartedly understand your frustration with Royal Mail, but before you send off the letter hun I think you should ask Amy nicely to go through it for you and let her amend it slightly.

sapphire

[veilside01702]

Re: Raynham vs Barclays & Moorcroft

unfortunately saphire it was sent earlier........lol
I showed my postie and he was killing himself laughing.....
He agreed that it is usually 'temps' they use that do this kinda thing....
what ever i write won't matter.......you have No comeback on Royal Mail....
They are untouchable......