A&L/Santander now Moorcroft!

[stressed mum!]

Hello all I was hoping someone could give me a little advice.

I have been doing so well upto now with my other debts but now have come a little unstuck!!

My husband has a loan with A&L which then changed to Santander after lots of letters I got them to agree to £10 a month which ended last november when it ended we still paid the £10 and they took it!! it then went to Wescot credit services which we paid the £10 too. I have had a letter this morning from Moorcroft asking for the full amount £4437.30:eek: or they will issue court proceedings.

 

I have had dealing with these idiots before from an invalid cca but the one for A&L seems ok apr, loan amount, and term is all there but the terms and conditions are on a seperate sheet, the loan was taken out Feb 2005.

I have also had a termination notice and default notice but am a little unsure as to wether the default notice is correct.

I am confused as to what to do next should I send Moorcrap a cca request to see what they have or write them a letter saying they will only be getting the £10 as we cannot afford any more (my husband ear'nt less than we thought he would last year) and have 3 children to feed and if they want to issue court proceedings let them.

I know this is a scare tactic from but want to be correct in my next move

thanks for your help and advice as always

[cerberusalert]

Can you post up the CCA and the Default & Termination Notices after removing identifiers?

[DonkeyB]

Subbing

[stressed mum!]

Yep will do go and scan them now Thanks cerberusalert!!

[Bazooka Boo]

This will be interesting..

[stressed mum!]

Right sorry about the delay here goes!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

http://i120.photobucket.com/albums/o181/ag04ldg/ALTermination.jpg

Edited May 16, 2010 by stressed mum!
name on docs

[DonkeyB]

Name is still on some docs!

[DonkeyB]

Magic... DN dated 20 January 2010, giving 14 days from date of service... not good enough! It has to state a date.

 

By terminating on 6 February (a Saturday), they have not allowed 14 clear days - even if posted first class, which I doubt it was.

 

So that's unlawful rescission, for starters, terminating on the back of a faulty DN, and also terminating before the 14 clear days was up by anyone's standards.

[stressed mum!]

crap thanks Donkey head up bottom!!! Will delete and put back on was it just on cca

[stressed mum!]

http://i120.photobucket.com/albums/o181/ag04ldg/ALDefault.jpg

 

Right redone the default notice and the front of cca.

 

So basically they are in the wrong for terminating the account as they did the letter was'nt sent by first class post as it's just normally tnt mail so probably second class.

Edited July 16, 2010 by stressed mum!

[stressed mum!]

Had to get my diary out then Donkey I was getting confused!!

So what should my next step be obviously dont want them to know I have a dodgy dn what do you think of the cca Donkey and Cerberusalert?? x

[DonkeyB]

The offending item is still in your original post #6.

[stressed mum!]

http://i120.photobucket.com/albums/o181/ag04ldg/ALcca1.jpg

 

Right hope I've deleted everything now!!

 

So what should my next move be then as moorcroft wont have any idea about the default notice.

[Bazooka Boo]

No tis not! Edit post six, remove the uploads.

 

Apart from the date error on the DN, it isn't even laid out in the prescribed format, so it is cak because of that also.

 

The figure they are asking you to repay on the Dn, is that the arrears? Or the full amount?

 

Once they have issued a faulty DN, and then a Termination, you should accept their unlawful rescission in writing, they then cannot legally pursue you for the full balance of the account, only the arrears are liable from you.

[stressed mum!]

Right I have deleted them thought I'd got rid of everything can't see for looking!

It the arrears the amount on the default notice, I am getting a little confused this is not an area I am very strong in so I apologise, now what do you mean about accepting their unlawful recission in writing??

The arrears is still a large amount anyway which at present we cannot afford to pay.

[stressed mum!]

So what do you think my next step should be??

I only set up a payment agreement with Santander because I thought the cca was correct do you think I am best paying Moorcroft the £10 a month? Thanks for your advice

[stressed mum!]

Hello, aftter a search on here I sent them this letter to which they did not respond

 

Dear Sir/Madam,

 

With reference to your letter dated 15/05.2010

 

You state that you have been instructed by Santander to collect on the above reference number, however I have not been notified of any such action by Santander, and have some doubts as to your legitimate authority in this matter. Further, I also do not recognise the above client reference number as an Santander account number and do not know to what you are referring.

 

I am completely unaware of Moorcroft Debt Recovery Limited and find it extremely worrying that you should hold any of my data, financial or otherwise without my knowledge or permission, and I will be seeking advice from the Information Commissioner’s Office regarding this.

 

I would be obliged if you would supply me with full details, including dates, of who referred this to you, and also supply me with full written authorisation from same, explaining who you are before I will deal with your company.

 

You also state that all payments must be made to “Moorcroft Debt Recovery Ltd”. Why? I do not believe I have ever had any outstanding debt to your company.

 

I will expect your full response, including the full and detailed authorization requested, within 7 days.

 

 

Yours sincerely

 

 

I have recieved a letter this morning from them in red Notice of possible litigation with a list of costs my husband would incurr any advice would be appreciated thanks

[Bazooka Boo]

Did you accept Santanders unlawful rescission?

 

If not you should do so, just a simple letter stating that you thank them for their letter dated ddmmyyyy and accept their unlawful rescission.

 

Send recorded delivery, and the only money you owe and will have to pay is the arrears .

 

Ignore moorcr@p, they just send out deforestation with pretty colours and big words even they don't understand!

[stressed mum!]

ok bazooka Boo, thankyou for helping me to be honest i am getting myself into a bit of a state this is not a strong point hubby is working stupid hours to pay the mortgage and feed the kids and I'm doing my best to understand all of this!! I've also got the Lewis group/ Howards cohen giving me greif and phoning me everyday because of a Next account that has no cca all i got was a poxy photo copy of T&C!!

Right I've had a scout about so I understand this Unlawful rescission and found this which I understand what do you think?

 

"Failure of a Default or Termination Notice to be accurate not only invalidates the Default or Termination Notice (Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Claimant a claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)"

 

Once I have sent a letter to Santander would it be the arrears till the termination notice

thankyou again

[Bazooka Boo]

If they have issued you with a default notice, saying that the account is in arrears and in order to rectify it you must pay x amount (the arrears only) and this DN is laid out in an incorrect format, or is some other way faulty, then you should wait util such time that they then either terminate the account.

 

Or,

 

Ask for the full balance to be paid, this then technically is terminating the account by asking for full payment, once they have done this, you should then write to them accepting their unlawful rescision of the account an you are only liable for the arrears on the account, to be paid.

 

One step at a time, just keep a seperate file for each of the vultures so it is in some sort of order for you to deal with.

 

For Lewis and HC sols, who are their in house sols, send them the telephone harassment letter, and keep a diary of events should you wish to pursue any harasment charges at a later date.

 

Have you asked Next for the CCA? If so and they have failed to produce have you told them account in dispute?

[stressed mum!]

Hello Bazooka Boo, yes I have a file for each creditor and have cca'd next which came back with a lame photocopy of T&C's and sent the account in dispute letter before I sent the one I posted in post 17 will send the harassment one of today.

With regards to Snatander should I thank them for the letter dated as my Termination notice??

thanks again a very stressed mum!

[Bazooka Boo]

Yes write to Santander, accepting their unlawful repudiation, you will only then be liable for the arrears.

 

Ensure you make a copy of their letters rescinding the agreement and file away securely for future reference.