Santander returned £1 PO sent to Wescot?

[Rocky Roadster]

Hi all, Thanks for all the help received so far. Nice to know I am not alone.

 

Wescot Credit Services were harrassing me with continues telephone calls (despite an arrangement) for the last payment of a loan from Alliance and Leicester, who are now Santander.

 

Following advice from CAG (thanks!) I wrote to Wescot and complained and on 8th June asked for a copy of the CCA with £1 postal order. The calls stopped soon after.

 

I have just had a letter from Santander dated 16th July who have returned my crossed postal order payable to Wescot, as it is not payable to Santander.

 

They want me to change the postal order and initial the change so they can process the payment promptly? Is this a delaying tactic?

 

My CCA request was over a month ago, so would a dispute letter be appropriate? To Santander? as Wescot were presumably their agents?

 

Santander are now telephoning me again despite my instructions to put everything in writing.

 

Thanks again,

 

Rocky

[Crocdoc]

You could of course send the dispute letter to both parties to avoid any doubt.

 

As the for the phonecalls, don't engage in any way and under no circumstances answer any security questions.

[Rocky Roadster]

Hi all,

I had an loan with A&L which has been transfered to Santander and now Moorcroft are collecting.

 

Santander transferred the debt whilst I was applying for a PPI refund. This was then paid to Moorcroft.

 

Santander also promised repayment of letter charges (in writing) and verbally on the phone, although they stated " an internal transfer" of £75.

 

Moorcroft haven't had the £75. They are chasing me for the whole amount of the debt (£200) and threatening legal action.

 

I have had a CCA from Santander (6 pages, signature page contains little information about the loan). Also a default notice and termination letter in August.

 

How should I respond to Moorcroft please?

 

Santander have not sent a notice of assignment, but did have paid Moorcroft some of the money.

 

Help would be appreciated

Many thanks,

[PGH7447]

if you got the ppi back, albeit paid to morecrap, then you have in effect admitted the debt, so best to offer a payment to suit you, and get rid of it, if they have said that they would credit £75 pound then you only have £125 left so maybe offer a full and final for 10%, ie £12.50 - you never know

[Rocky Roadster]

Thanks PGH, will follow your advice and see what they say.

Cheers,

[coledog]

Rocky

 

When you make them the offer make them fully aware of your current circumstances (without proof) and the fact that they will be unable to get any more.

 

Also explain to them in simple terms that £75 has been credited - they seem to be a bit dense.

Edited October 25, 2010 by coledog

[Seminole]

Hold on a sec. I didn't think that Moorcroft bought debts. They always seem to act on behalf of others. If that's the case here then Moorcoft haven't been paid anything but tather it's been allocated against the account balance by Santander

 

This probably doesn't make any difference to the advice you've been given as by chasing the PPI refund you have probably admitted the debt/

[coledog]

It does look like Moorcroft are only collecting and have not been kept informed by Santantar - not unusual. State what you understand the current balance to be and copy letter to Santandar and Moorcrap.

[Rocky Roadster]

Hi,

 

I don't know if Moorcroft have bought the debt, but I suspect so.

 

Just rang Moorcroft for the latest balance and asked about the refund (which they had not had). They offered to accept £165 settlement over the phone (they would, wouldn't they) and I told them I had written to them. He said that he can't stop further action.

 

I have sent a letter offering a ffs payment and telling them of my predicament and that I can't make any other agreement.

 

I would be glad to see the back of this one.

Cheers,

[Seminole]

Moorcroft are nothing more than threat monkeys. If they simply ignore your letter (and they probably will) you could try approaching Santander with the same offer.

[Rocky Roadster]

Rang Santander collections who say all dealings have to be with Moorcroft. Guess they sold the account?

[rebel11]

If they have sold the debt, there should be a letter of assignment, you should have been informed. You can't deal with the matter unless you know who owns the debt.

[Seminole]

Ringing debt collectors is always a bad idea. Ringing the original creditor's collections team is also generally a bad idea as your contractual relationship has broken down. In my experience Abbey, as they then were, are amongst the worst. They don't need much excuse to be rude and unhelpful to customers attemtping to maintain a good relationship with them.

 

I think you should send them a copy of the letter that you are sending to Moorcroft. Send them both recorded delivery and wait for a response. It's particularly important in dealing with full and final settlements that you get a wriiten statement from the creditor (and not just a collection agency working on their behalf) that they will accept £X is full settlement and that they will mark your credit record accordingly. If you don't get it in writing, then there is every chance that they'll come after you again.

[Rocky Roadster]

 

Hi,

I have had nothing from Santander about assignment of the account.

 

If they have sold it and not terminated and notified me of the assignment to Moorcroft, can they still take me to court?

 

It is my smallest debt and I can't pay my other creditors, but if a small ffs would remove the hassle then it would be worth it. I won't pay anything until I have an agreement in writing.

 

A&L promised to repay letter charges in writing. When asked said £75, verbally, but I got the impression that it was a, "Whatever", statement without substance.

If I settle with a FFS with Moorcroft, can I pursue charges with A&L, Santander?

Edited October 25, 2010 by Rocky Roadster
Added a question.

[Seminole]

Legal action can only be issued in the name of the current owner of the debt. In the absence of an assignment, this is Santander. Given the size of the debt it's unlikely that they would take you to court. As far as I'm aware Moorcoft don't buy debts and for all their threatening letters I've never heard of them taking anyone to court (probably because they're not a debt buyer).

 

Your best bet is to send the two letters as previously recommended and ignore anything from Moorcroft that doesn't deal with the f&f. Chances are you'll received a whole load of computer generated threat garbage before you get anything serious.

[Rocky Roadster]

Thanks Seminole, will send the letters,

 

Cheers,