Santander/Moorcroft

[BRIGADIER2JCS]

See what the DCA comes up with on the NOA when it comes.

Is it showing on CRAs?

[BRIGADIER2JCS]

Sorry for next daft question, but who should I send the SAR to? Is there a particular person or department it should be addressed to ?

 

To the DATA Controller

marked confiential, keeps it out of the hands of customer (dis) services.

[BRIGADIER2JCS]

I'm afraid that I have found Noddle practically useless often way out of date, many companies only use Equifax or Experian, so there will only be entries on those CRAs.

I suggest checking either or both main agencies.

.

To remove a connection write a notice of disassociation to the Data Controller at the CRAs.

[BRIGADIER2JCS]

BTW Midas provide legal ''services'' to the DCA

[BRIGADIER2JCS]

OK Notice of Failure to Comply with SAR should be sent RD to their Data Controller.

[BRIGADIER2JCS]

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

[BRIGADIER2JCS]

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

[BRIGADIER2JCS]

Flagged for later Mrs B

[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.

[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.

[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!!

[BRIGADIER2JCS]

Hello Mrs B, so satans have linked your new address to MrB, can draft a letter ostensibly being from Mr B on your behalf stating the debt is SB and not nto use your address any more as he not resident there.

[BRIGADIER2JCS]

Will do tomorrow am Mrs B.

[BRIGADIER2JCS]

Hi Letter coming up in 5-10 minutes.

[BRIGADIER2JCS]

Oh dear, this one has become a little more complicated, so any further help would be appreciated.

 

It would appear that the santander debt has now gone from moorcroft to wescot.

 

The complication is that a letter has arrived from wescot addressed just to Mr B but to MY new address.

 

This has been an ongoing problem as someone somewhere seems to think that they can use my new address to contact Mr B.

 

I rang CL Finance about two weeks ago when a letter had arrrived from them and chewed their ears off because I was so angry.

They claimed that as Mr B's name was linked with mine they would have got the address that way.

 

As I pointed out to them, there may be a link between the names but this address has NEVER been listed as a contact for Mr B

and insisted they remove it from their records.

 

None of the letters are address c/o, so they obviously think this is where he lives.

 

I am so angry about this but there seems to be absolutely nothing I can do to stop them, the address has been passed around the lot of them.

 

I am not sure now quite what to do.

 

My name is also on the Santander account even though this letter has been sent to just Mr B

so it has to be dealt with as I don't want them suddenly chasing me.

 

Obviously I need to send off the statute barred letter,

but I just don't know whose name to put on it and I obviously do not want them writing to my new address,

especially if they think Mr B lives here.

 

I'm now just worn out with all this,

I'm tired of and I just want them to go away,

leave me alone and stop just assuming that they can use my address to contact mr B.

I'm really tempted to call wescot now and ask them why they are writing to him at this address,

but I know you should never call them. It might make things worse!

 

HELP!!!!!!!!!!!!

 

For the Person Attention of The Data Controller

Santander:

 

Ref: account number: Mr. E Blackadder.

 

Dear Sir/Madam,

 

I refer to Santanders' letter dated xx xx xxxx in reference to the above mentioned account, please note this letter is not ancknowledgment of or admission of any liability to Santander.

 

Having now researched relevant parts of my credit history I have concluded that the account is statute barred, therefor no party named on any agreement relative to account number xxxxxxxxx wil make any payment or offer of payment now or in the future.

 

I would remeind you that should Santander wish to dispute the status of the account the onus of providing unequivocal proff that the account is not statute barred falls entirely on Santander. I have benn made aware of the OFT Guidance on Debt Collection 2003/2012 and the sections regarding the pursuit of statute barred debt.

 

Santander will now cease to process ALL data relating to the parties named in any alleged agreement and remove it from its' records with immediate effect, in particular Santander will remove the address used on its' letter dated xx xx xxxx.

 

This is the final response.

 

Recorded Delivery!!

[BRIGADIER2JCS]

Sorry Mrs B I thought we were still dealing with Satans Bank, yes just substitute wetcloths for satans

[BRIGADIER2JCS]

For wetdcloths address to the Compliance Manager.

Ahh perhaps I'm a Fallen star:madgrin:thankyou!!

[BRIGADIER2JCS]

You're more than welcome

 

I'm impressed that CAG thinks I have some reputation to spread around

 

Your thanks on the thread is much appreciated Mrs.B.

[BRIGADIER2JCS]

Ok just after remove it from records as Mr. E B does not reside at this address.

[BRIGADIER2JCS]

Fine!!

[BRIGADIER2JCS]

What Company name id on the entry? Still satans bank? Or Westcott either way this letter should help.

If so send the following RD to the Data Controller.

 

Formal Complaint:

 

Erroneous and Damaging Credit Reference File Entry.

 

Sir /Madam,

 

I refer to an entry made on my credit reference files held by xxxxxxxx credit reference agency (screen print attached) as Santander is well aware this account was defaulted more than 6 years ago this account has previously been marked as ''dormant'' with a Zero balance since 2010, on checking my credit file I have found that this account has now been updated as a ''Default'' entry with a date of Nonember 2011,.

 

This is a gross manipulation of my credit reference data for the following reasons:

 

1. No notice of intenrtion to default the account has been received.

2. No actual Default Notice has been received.

3.The default date of November 2011 has no relevance to the conduct of this account.

4. The cause of action on nthis account is more than 6 years ago.

5. It is highly possible that Wescott (if it is them) are acting unfairly and or unlawfully by registering

incorrect data as a means to extending the time allowed to pursue the alleged debt for which I DO NOT

accept any liability.

 

It is obvious here that there are breaches of the Data Protection Act 1998, The ICO Technical Guidance on Defaults and the OFT

Guidance on Debt Collection 2003/2012 which I am sure your company is well aware of so I will not waste my time in explaining

the to you.

 

This spurious and damaging entry must now be removed from ALL credit reference agencies to which it has been reported.

 

I will because of the seriousness of this matter expect a positive response to this complaint within 14 days of the date of this letter,

after which I shall make complaints to the regulatory bodies mentioned above.

 

This letter is sent by RM recorded delivery and receipt will be checked.

[BRIGADIER2JCS]

Generally speaking no the DCA cannot take direct action but in some cases a DCA can be assigned to collect/manage/enforce, but most are simple assignments to collect the debt.

[BRIGADIER2JCS]

Hi Mrs B,

 

Thats fine!! Send recorded.

 

Brig.

[BRIGADIER2JCS]

Hello Mrs B, given the convoluted thinking of Satans bank and my twisted perception to boot I think they want Mr B to complain about mail going to the wrong address, and insisting that ''formal complaint'' is made by phone is nonsense and would vanish into the ether!!

 

May I suggest that you hand the letters to your postman and ask him to mark the letters ''gone away'' and reurn them so sender.

[BRIGADIER2JCS]

Hello Mrs B,

 

With this ''corrected'' default date indicates that the last payment must have been some months earlier so SB indeed.

The CRA entry does not need ''updating '' but needs removing completely.

 

So Wescot are now pursuing a statute barred account??

 

So a letter to the Compliance Manager at Westcott with a copy of Satans' Banks letter.

 

Ref: use Wescots.

 

Dear Curr Or Madman,

 

I refer to recent communications from Wescot regarding an alleged debt for £xxxx .xxx relating to an account with Santander, please not I do NOT acknowledge any debt to Wescot or any company it may claim to represent.

 

I have now received a letter from Santander confirming that the default date was wrongly reported ( copy enclosed) given the data provided I have concluded that this alleged debt is STATUTE BARRED, therefore no payment or offer of payment will be made now or in the future.

 

Wescot will now cease to process all data relating to me and remove it from its records immediately and confirm in writing that this instruction has been complied with.

 

This is my final response in this matter.

 

And for Satans bank. the following when the cheque arrives.

 

Address to the muppet who wrote the letter.

 

Ref: use theirs.

 

Dear xxxxxxxxx

 

I am in receipt of your letter dated xx xxxx and your cheque for £60.00.

 

I have a number of comments to make regarding the conduct of Santander in this matter.

 

1.The recording of a default date as inaccurate as has happened in this case is extremely serious

and could indicate either misuse of the data and or gross incompetence.

2. The offer of £60.00 I consider derisory in these circumstances given the time trouble and stress

involved in getting the date correct, let alone the costs of having to access credit reference files on a

number of occasions using all 3 main credit reference agencies.

3.The statement in your letter dated xx xx xxxx regarding the need to make a payment plan with Wescot

Credit services is at least made with little knowledge of the status of the account or at worst a deliberate

attempt to persuade me to make a payment on an account that is STATUTE BARRED!!

 

Given the information above I am advised that financial redress should be in the region of £500.00 for the

immense amount of time, stress and cost involved in getting this resolved.

 

I await your comments which when received I will be able to consider my complaint to the Ombudsman Service

more clearly.