Santander/Moorcroft

[citizenB]

Well if Santander dont have your new address, then they will not be able to pass it on to Moorcroft. If by chance that the Moorcroft Playgroup do manage to track you down, it might be worth having them prove when payment was last made.. and hope that it was more than 6 years ago !.

[citizenB]

Have they closed your account? - if so, when.

 

When did the bank first start writing to you to demand repayment of the o/d.

 

Can you say for sure that the outstanding balance is made up of charges ?

 

Address - yes that was a stupid comment on my part !! Once you had moved and popped yourself on the electoral list at the new address, that information would have been hoovered up

for your Credit files

Edited July 29, 2012 by citizenB
spelling

[citizenB]

IMHO, it is going to be worth the £10.00 to obtain the history of the account by way of SAR. Dont forget that the banks are now disposing of information as soon as it reaches it's 6th birthday. (or are saying that they have).

 

The most important things you require are of course statements and communication logs/diary of events.

 

The reason they keep the accounts open is so they can add interest and charges. As long as you and the ex Mr B have not used the account in 6 years then it is likely statute barred

[citizenB]

Any claim for PPI or charges will only be offset against the account Mrs B.. but you are correct, it wont start the SB clock

[citizenB]

If this is their first correspondence to you and they are threatening legal action then they are not following preaction protocol.

 

Midas is part of the Moorcroft group - but how the fit in, I dont know.

 

A subject access request to Santander should show the last payment made by way of statements.

 

Send CCA request to Midas just to throw them into a tizzy.

[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.

[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]

[citizenB]

So it is your credit files that are being messed around even though it is not your debt.

 

I think you might have to make a complaint to the Information commissioner and Financial Ombudsman.

[citizenB]

Hello Mrs B. They are unbelievable aren't they ?

 

Yes, it seems to me, the statute barred letter is now the way to go.

[citizenB]

I see no reason why they should not be made to investigate why they have been so incompetent and arrogant in their dealings with you.. So yes, make an official complaint to Satan's bank

[citizenB]

Your comment that you believe your account is now statute barred has been noted. I accept that the default on your account has expired, however you still remain liable for the debt. Whilst we will not pursue you for the balance we reserve the right to sell the debt to an external agent.

 

 

This is not on - they know the debt is statute barred and that it can never be enforced in a court of law - so not only are they setting you up for some harassment from other DCAs, they are hoodwinking a Debt purchaser into believing that they will get paid !!

 

I doubt they will improve on that compensation.. but £240.00 sounds quite an odd figure !

[citizenB]

Mrs B, if you are contacted in the future by another agency claiming to have purchased the account - you can swiftly nip in the bud by copying the letter Satan's bank have sent you - highlighting the statement that they are aware that the Debt is statute barred.

 

Then enclose a short note to the "new" owner, advising that Satan's bank were well aware that the account was SB'd when they sold it to them. That Satan's bank are guilty of misleading not only their customers, but 3rd party agencies as well. That if the 3rd party don't back off, you will have no hesitation in making complaints to both the OFT and the FOS.