Santander/Moorcroft

[citizenB]

I sent my SAR to santander, which was signed for on 11 September 2012.

 

We are now well past the 40 days allowed and I have received absolutely nothing from them at all, so what would be my next step?

 

I can't find out whether or not the postal order I sent for the £10 has been cashed (I had it made payable to santander),

and the woman at my local post office said that there was no way of finding out - which, judging by looking on the internet, is true!

 

When you purchased the postal order you would have been given a receipt. On that receipt is an ID reference and a telephone number.

 

Just telephone the post office and ask if the PO has been cashed and on what date ? If they confirm it was cashed ask them to confirm it in writing for you. They are usually pretty good.

 

I think the number will be... 08457 22 3344 (option 5)

 

Did you send your letter recorded/special delivery ? Check that it was received by using the Royal Mail Website.

 

You can amend your non compliance letter to say that you will be contacting the Information Commissioner. Whatever you do, dont imply that you will take court action if you have no intention of following it through, for whatever reason.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**

 

This is a successful non compliance claim in the link above.

[Mrs E Blackadder]

I have, at long last, found some time to put together a letter to santa.. regarding their non-compliance. Could someone give this the once over and let me know if it's ok.

 

Dear useless peeps at santa

I am writing further to my letter of 7 September 2012 regarding a SAR for the above account and also enclosing a £10 postal order in payment of the SAR. You had 40 days inwhich to respond to my request.

 

You have now had well beyond the 40 days allowed but you have failed to even acknowledge my request, let alone provide the required information.

 

I am now giving you seven days from the date of this letter to provide the SAR. Failure to do so will, in the first instance, result in me notifying the OFT of your failure. If , for whatever reason, you consider that you are unable to comply with my request, please notify me in writing of your reason/s in order that I can also forward this to the OFT. As I am sure you are aware, it is a legal requirement for you to provide a SAR within 40 days when requested.

 

yours

 

Mrs B

 

 

I am not sure about the legal requirement bit at the bottom! I want to keep it simple and I'm not in a position to threaten any legal action as I just don't have the money to follow it through, but I hope this letter is, at least, to the point.

[Old Cogger]

Send complaint to the ICO.

[Mrs E Blackadder]

Ok, so I have still not received any response.

 

It is now two weeks since I sent them the second letter.

 

What is the next step?

 

I cannot believe that an organisation as large as Santander can't even acknowledge receipt of a letter, let alone respond to what you have asked for.

 

Could it be that they think they don't have to respond because they have passed the debt over to someone else to be dealt with?

 

From the little info I have, it doesn't look like the debt has been sold on to Moorcroft, just passed to them to be dealt with.

 

As I haven't received the SAR as requested from Santander,

 

can I put the debt in dispute?

 

Obviously, without the SAR I can't begin to know whether or not any charges etc have been added and, therefore, whether the amount they are claiming is owed is correct.

 

Sorry for all the questions, but every time I think I've got it clear a load more questions pop into my head

[citizenB]

Did you send your letter by a tracked method and has it been signed for.

 

Did you sent the following letter to Moorcroft?

 

[ATTACH]41168[/ATTACH]

[dx100uk]

ICO

 

moorcroft dont buy debts so its satans banks problem

 

SAR's ALWAYS goto the OC anyhow.

 

you sadly cannot put the account into dispute on a failed sar request.

 

dx

[Mrs E Blackadder]

Yes, everything has been sent to Santander by a trackable method. I have sent all letter by first class recorded delivery.

 

So far I have not made any contact with Moorcroft.

 

They have only sent one letter so far which claimed that as we had not made any effort to make any repayments to them,

which would have been difficult as that was the first letter they had ever sent!

 

I do not want to contact them, certainly not at the moment anyway for several reasons, not least of which I do not want them getting my new address.

 

Mr B has very carefully hidden himself away and left me to deal with so much over the past few years,

and I do not want them latching on to the fact that they have my address and start to bombard me with all sorts.

I have to live with an elderly relative who would not cope with strangers knocking on the door or phoning up should they choose to go down that route.

 

When I spoke to Santander on the phone last year they were less than helpful.

 

I got a woman who was very abrupt and wouldn't discuss the account with me.

She just said that it had been passed to Moorcroft and I would have to deal with them.

 

I then received a statement from Santander that included details of what happens if they sell the debt to someone else.

 

Reading this, I would definately believe that the debt has not been sold.

I only receive statements from Santander, not from Moorcroft, and the santander information states

'You will continue to receive a statement at least once a year and as long as there is a balance owing to us.

In the event that your account is sold to a third part company, we will also send you a statement at the time and future statements will be sent by the puchaser'.

I have never received any statements from Moorcroft regarding this account.

 

The statement for the account does not state 'Transfer to Debt Purchaser',

it simply gives an amount of an opening balance and a net balance.

Nowhere does it state that the account has been transferred to anyone else.

 

Also, I have never had a letter of assignment, only a letter received from midas credit services a few days after I rang Santander,

which states that we had failed to reach a repayment agreement with Moorcroft (they are, apparantly, part of the same group).

 

As I have never received anything previously, we couldn't possibly have come to any repayment arrangements even if we had wanted to,

so as far as I am concerned this is the first and only contact we have had from Moorcroft/associates of.

 

The letter said:

 

Dear Mr B (although it was addressed to both of us) Ref:

 

Re: Santander (UK) PLC Balance: £100000000000.

 

 

Litigation Warning

 

We are part of the moorcroft group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt Recovery ltd concerning the about account.

We are now reviewing your account and may in due course recommend to our clients that they consider instructing their solicitors to commence legal proceedings against you.

 

To prevent this course of action you must contact moorcroft debt recovery ltd at the following address:

 

Morcrodt debt recovery ltd

po box 17

etc

etc

 

telephone: 0161 475 2805

fax: 0000

 

Failure to contact Moorcroft debt recover by xxxxx may result in the issue of legal proceedings without further notice.

 

please quote the above reference on all correspondence.

 

Mr M Dobson.

 

The sentence 'may in due course recommend to our clients that they consider instructing their solicitors to commence legal proceedings against you',

leads me to believe that they debt does NOT belong to them, they are just handling it on behalf of Santander.

 

I am quite tempted to send a cheque for the amount to Santander, seeing whether or not they cash it.

However, judging by their inability to even provide a SAR, I don't really want a cheque for a thousand pounds to be floating around,

and me never knowing whether or not it is going to be cashed,

or worse still the cheque being cashed but still being pursued for the debt by Moorcroft!

 

Presumably if I did do this, and they cashed the cheque, I could still continue to ask for the SAR and still claim back anything I think they owe?

 

Sorry if I seem to be going off on a tangent, but I am quite stessed out at the moment

and this is just another piece of poo for me to have to deal with!

 

I am grateful for all replies/suggestions etc.

 

Am assuming that my next step though is actually to make the formal complaint about Santander to the ICO?

[Mrs E Blackadder]

Hello guests. Do you all work for Santander and moorcroft? If so, perhaps you would get your facts straight when communicating with me. Or in Santanders case, not communicating with me

 

 

DX, thank you for your reply, it crossed with my posting. It would appear that I was correct then in supposing that moorcroft does not own the debt. Interesting, because the woman I spoke to at Santander led me to believe that they would have nothing further to do with me and that I could only now deal with moorcroft.

[dx100uk]

ignore them

 

dx

[Old Cogger]

Send online complaint to ICO as I have said giving the details of date sent, then date signed for, and nil response.

[Mrs E Blackadder]

I have now received, much to my amazement, a reply from santander. It is a letter along with eleven pages of statements, each page with only 1 or 2 things listed on it.

 

The letter reads thus:

 

Dear Mrs Blackadder,

 

You have asked for copies of your bank statements, which we assume is to enable you to reconcile your bank charges.

 

Please find enclosed statements for the above numbered account from the earliest date held on our system (18 July 2006) to closure. Please note that there are no statements from 6 november 2006 to 24 april 2008 as there was no movement on the account.

 

Please call us if you have any questions.

 

Yours.

 

jane somers

business manager.

 

 

The statements sent cover July 2006 to December 2006 and consist almost without exception of charges (although they are wrong to assume that I contacted them to reconcile my bank charges, I want to find out if the debt is statute barred). I can only see one transaction that appears to be a credit and that is from August 2006. However, if I am correct from reading the information they have sent, it would appear that the last transaction of any kind took place was on the 6 November 2006 when they debited the account. If this is the case, I am assuming that the debt is now statute barred.

 

What I can't figure out though is why they haven't sent anything from april 2008 onwards. The only thing that I have is a 'mini-statement' that says in April 2008 the account was transferred to a 'flexiplan plus'. Then there is nothing further until November 2010 when there is a large debit for a 'daily unarranged overdraft fee'. The final thing on the mini statements is from December 2011 when 'account closed contact collections and recoveries'. There is nothing to say that there was any money paid in or taken out between april 2008 and closure.

 

The date of December 2006 is certainly accurate for when we were having financial problems and Mr B would have stopped using it. What I don't understand is the 2008 thing, as I doubt very much Mr B would have contacted them to arrange to change the account (he kept well away from anyone he owed money to so as not to rock any boats). It would appear though, that Santander do not have any statements for this time or they would have sent them.

 

At the moment I am probably more confused than before!! My major concern at the moment is not reconciling any bank charges, it is finding out whether or not this account is, indeed, statute barred.

Edited February 7, 2013 by Mrs E Blackadder
spelling

[dx100uk]

SB date will be from any transaction by YOU OR MR

not any automated bank stuff.

 

so prob is SB'd

 

dx

[Mrs E Blackadder]

Is there any point firing off a SB letter to moorcroft at this point, something along the lines of 'thanks for your letter of last September, but this is statute barred', or should sleeping dogs be left to lie?

[BRIGADIER2JCS]

Yes carefully worded SB letter would be a very good idea Mrs. B.

[Mrs E Blackadder]

Thank you Brig. In what way do you mean 'carefully worded'? I don't want to get it wrong!

[BRIGADIER2JCS]

Would you like a draft to suit the situation, can do when I get home later today.

[Mrs E Blackadder]

Oh, yes please Brig. I would be very grateful if you could help me with this one. Thank you

 

Not having a good day, looks like my income is going to be falling sooner than I had anticipated so worry has set in

 

Yoru help is one less weight off my mind!

 

Mrs B.

[BRIGADIER2JCS]

Flagged for later Mrs B

[Mrs E Blackadder]

Thank you

[BRIGADIER2JCS]

Hello Mrs.B. Stat Barred letter.

 

The Compliance Manager

Moorcroft.

 

Ref: as on their letters.

 

Sir/Madam,

 

I refer to recent and on going correspondence regarding a debt for £ xxxx which you allege is owed by me relating to an account with Santander, please take note I do not acknowledge any debt to Moorcroft or any company it may claim to represent.

 

I have been prompted thanks to the continued correspondence to review my credit history and have concluded that this matter is now statute barred, therefore I will not now or at any time in the future make any payment or offer of payment in relation to the alleged debt.

 

Should Moorcroft consider disputing the status of the alleged debt I remind Moorcroft that the onus of providing unequivocal proof that the matter is not statute barred lies entirely on Moorcroft.

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2012 and the sections regarding the pursuit of statute barred debt.

 

You will now cease to process all data relating to me and remove it from your records, you will confirm in writting compliance with these instructions.

 

This is my final response.

[Mrs E Blackadder]

Thank you Brig, that is a great help. I am just wondering about the second paragraph; would it be better to put in a sentence about receiving information from Santander, or is it better not to mention it and keep it as it is?

[BRIGADIER2JCS]

Thank you Brig, that is a great help. I am just wondering about the second paragraph; would it be better to put in a sentence about receiving information from Santander, or is it better not to mention it and keep it as it is?

 

Personally I would leave it out Mrs.B.

[Mrs E Blackadder]

Okey dokey, it certainly reads fine to me as it is. No doubt they will try to argue the toss in some way or other!

 

Thank you again, Brig. Very much appreciated

[BRIGADIER2JCS]

Okey dokey, it certainly reads fine to me as it is. No doubt they will try to argue the toss in some way or other!

 

Thank you again, Brig. Very much appreciated

No problem, let em argue!!