Moorcrap

**labman** · 19th July 2013, 18:06:PM

Re: Moorcrap

Ignoring them is not going to move anything anywhere, so some form of communication needs to take place. Whether this is over the phone in the first place, purely to say you want all further communications in writing is up to you. If you do choose phone as opposed to letter or email, then try to record the call as proof, or ask them to confirm your request in writing - they should be willing to do this.

**jon1965** · 19th July 2013, 18:14:PM

Re: Moorcrap

Thanks Labman. You are of course spot on in that ignoring will do nothing at all. If it is anyone but the Santander account I can rip them to pieces as they are all in dispute in one way or another...mainly no agreement or UE . If it is Santander there is not much I can do except ask them to write it off . Regardless I need to find out who it is . I will call them in the morning on the number on the Santander letters

**labman** · 19th July 2013, 18:22:PM

Re: Moorcrap

Just don't commit to anything and record the call if at all possible. You can also email or write to them if you wish; this would maintain the paper trail.

**FlamingParrot** · 22nd July 2013, 10:44:AM

Re: Moorcrap

Originally posted by jon1965 View Post

Thanks Labman. You are of course spot on in that ignoring will do nothing at all. If it is anyone but the Santander account I can rip them to pieces as they are all in dispute in one way or another...mainly no agreement or UE . If it is Santander there is not much I can do except ask them to write it off . Regardless I need to find out who it is . I will call them in the morning on the number on the Santander letters

You can ask... but as you probably know by now, it's unlikely a creditor will agree to write off a debt, not impossible but not very likely to happen. If you're lucky you may get a letter saying they will close the account and not pursue it anymore, :thumb: although they could still sell it on to someone else who will.

Otherwise you may get a letter saying although they realise they couldn't enforce through the courts :blabla: :blabla: :blabla: the debt is still due and payable :blah: :blah: :blah: This is as far as it's likely to go in terms of admission of unenforceability. :sad:

**FlamingParrot** · 22nd July 2013, 10:53:AM

Re: Moorcrap

You are probably familiar with the "don't ring me, put it in writing" letter but for reference, here it is once more:

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have previously requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of the Protection from Harassment Act 1997 as well as Section 40 of the Administration of Justice Act 1970.

I ought to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;

"Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt"

If you continue to harass me by telephone, you will also be in breach of s.127 of the Communications Act (2003) and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully,

Other than the well known case above, there's now another one judgment that could be quoted back at those who insist on bombarding debtors with calls:
http://talkingfinance.gateleyuk.com/...t-your-debtor/

See PT's :yo: commentary here: http://paulatwatsonssolicitors.wordp...on-harassment/

If your lender is making telephone calls to your home, place of work, mobile etc and you do not wish to discuss the matter by phone, something the Court of Appeal made clear was a debtors right, then you should write to the creditor and ask them to stop phoning you, if the calls are causing difficulties at work then make this clear in the letter too and if the calls are upsetting too, then make this clear too.

Make sure the letter is sent recorded delivery and most importantly, make notes of each and every call made to your phone and keep it safe.

If the creditor keeps calling then tell them you do not wish to discuss the matter over the phone, and if the calls are upsetting you then tell them this too. Many people find calls from creditors and debt collectors deeply upsetting, there is no shame to tell a bank that they are making you feel ill, or upsetting you by phoning or that they are placing your employment at risk by calling your work.

**labman** · 22nd July 2013, 13:30:PM

Re: Moorcrap

Also Roberts v Bank of Scotland - £7500 awarded!

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

**FlamingParrot** · 22nd July 2013, 13:46:PM

Re: Moorcrap

Originally posted by labman View Post

Also Roberts v Bank of Scotland - £7500 awarded!

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

Sadly it has been removed

:confused2: :noidea:

...but Charity has posted it here: :yo: http://www.legalbeagles.info/forums/...760#post358760

**jon1965** · 22nd July 2013, 20:34:PM

Re: Moorcrap

Well I dug everything out and just in time I was able escalate the complaint to FOS based on
1) Irresponsible lending-after all the knew exactly what was being paid into my account i.e. ESA and HB
2)They let a payment thru to Wonga after I had cancelled my card which put me over my limit
3) They lied by saying that if a retailer had my card details they were duty bound to honour the transaction...regardless of the amount in my account
4) They deliberately let transactions thru when their was insufficient available funds (something in the previous 6 years they had never ever done)
5) The penalty charges were excessive
6) And just for a laugh..according to Marc Gander of CAG they abused their position by virtue of BCOBS

I will now be emailing them with the FOS reference number

**CleverClogs** · 22nd July 2013, 22:34:PM

Re: Moorcrap

Originally posted by jon1965 View Post

2)They let a payment thru to Wonga after I had cancelled my card which put me over my limit
3) They lied by saying that if a retailer had my card details they were duty bound to honour the transaction...regardless of the amount in my account

If you had revoked the Continuous Payment Authority and they still made the payment(s), the bank is not only liable for the payments but also for all interest and fees charged as a result.

**labman** · 22nd July 2013, 23:08:PM

Re: Moorcrap

Originally posted by CleverClogs View Post

If you had revoked the Continuous Payment Authority and they still made the payment(s), the bank is not only liable for the payments but also for all interest and fees charged as a result.

whatever the bank may try to tell you!!!!!! If they claim differently, they are wrong.

**jon1965** · 23rd July 2013, 08:05:AM

Re: Moorcrap

Cloggy, while I cancelled my card the payment to wonga was taken out on 7/8/2013 and if you remember I was not exactly on top of things this time last year because of arranging the funeral etc. The payment was for £50 which is can only be a random ask by wonga . I was already £70 over my OD limit.

It's not as if they can get any money out of me anyway.

**FlamingParrot** · 23rd July 2013, 09:01:AM

Re: Moorcrap

Originally posted by jon1965 View Post

Cloggy, while I cancelled my card the payment to wonga was taken out on 7/8/2013 and if you remember I was not exactly on top of things this time last year because of arranging the funeral etc. The payment was for £50 which is can only be a random ask by wonga . I was already £70 over my OD limit.

It's not as if they can get any money out of me anyway.

So you are saying the bank let Wonga take £50 you DIDN'T have in your bank account, or even within your O/D limit? They forced an unauthorized O/D to pay out Wonga? That, in itself, should be the subject of a complaint to the FOS.

**jon1965** · 23rd July 2013, 09:38:AM

Re: Moorcrap

Yes thats right. It then gets worse. I complained in november and they replied. N mention of final response so I wrote back. They eventually 4eplied in january saying I had 6 month from November letter to go to fos. Will have to wait and see. Oh well I will see what happens. Anyone got £525 then I can piss them all off

**jon1965** · 23rd July 2013, 10:40:AM

Re: Moorcrap

Just got in and had a message left asking me to contact Mark from moorcrap on a mobile number . Finally trying to find out exactly what this is about

So it is the Santander account that they are chasing . Now gone to home visit so need ro send the piss off letter. Cheeky sod said I was using standard internet letters that people use to avoid payment as if!

Anyway not letting the tossers get to me , he wasn't happy when I said the claim that I had borrowed the money was irrelevant

Moorcrap

Moorcrap

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Announcement

Court Claim ?