Santander/Moorcroft

[Mrs E Blackadder 116]

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!!!!!!!!!!!!

Edited February 28, 2013 by Mrs E Blackadder

[BRIGADIER2JCS 3,029]

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.

[Mrs E Blackadder 116]

Brig, thank you so much yet again. Yes, the letter would be extremely helpful - I just don't seem to be able to put anything like that together anymore. Presumably, the letter would have to be sent out with no actual address on it, on the grounds that I don't have a clue where Mr B is, let alone have an address for him. The other option is to put our old address on it I suppose - any replies would probably be forwarded to me anyway!

 

Thank you again, your offer is very much appreciated:-)

[BRIGADIER2JCS 3,029]

Will do tomorrow am Mrs B.

[Mrs E Blackadder 116]

That's great. Thanks again

[BRIGADIER2JCS 3,029]

Hi Letter coming up in 5-10 minutes.

[BRIGADIER2JCS 3,029]

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!!

[Mrs E Blackadder 116]

Thank you Brig, another good letter. The letter isn't going to Santander though, it is to wescot who now seem to have the debt. There is nothing in the letter from them to Mr B that states it has been passed to them from moorcroft who originally wrote last september (addressed to both of us at the old address which is why it was forwarded to me), so I'm assuming that moorcroft passed it back to santander who have now passed it on to wescot. Could this be yet another sign of it being statute barred??

 

I suppose that I just change the names above and insert wescot inplace of santander or does the wording of the letter need to be altered to allow for it going to a debt collector and not directly to Santander?

 

Thank you again Brig, your time is very much appreciated I will let you know what happens once I send the letter next week.

[BRIGADIER2JCS 3,029]

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

[Mrs E Blackadder 116]

Thank you for your speedy responses. Next daft question, do I still address it to Data Controller? There was no name given on the letter from wessy, just a load of 'issued by', 'on behalf of' and reference numbers for about 3 different things. Lord only knows which one you are expected to quote back at them in correspondence, the nearest thing I can find is 'The Recovery Department'. (Our local hospital has one of those...)

 

Had to laugh at the information on the back of the letter. It says that you have to respond within 7 days of the date of the letter. It took 6 days to get here

 

Tried to click on your star Brig, but it told me I couldn't until I had spread my reputation around a little bit more .

[BRIGADIER2JCS 3,029]

For wetdcloths address to the Compliance Manager.

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

[Mrs E Blackadder 116]

You're more than welcome

 

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

[BRIGADIER2JCS 3,029]

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.

[Mrs E Blackadder 116]

Hi Brig, hope you are around and about as I have some thoughts about the letter.

 

My biggest concern is that, having read it through several more times, it doesn't make it clear that the address they have written to is not Mr Bs, it is simply asking them to remove it from their records. A fact that I am sure they will be particularly reluctant to do whatever the circumstances, especially as they won't have any other address for him. This is the point that I really need to get across to them, but I am anxious that if I send them the letter they will take it as acknowledgement of this being Mr Bs address as they have sent it here and received a reply.

 

Hope I've made that clear!!

 

Otherwise, I love the letter and want to get it off to wessy asap.

 

Mrs B.

[BRIGADIER2JCS 3,029]

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

[Mrs E Blackadder 116]

Hi Brig,

I have adapted the letter that you very kindly wrote for me, with a few small alterations. Just wondered what your thoughts are before I send it off by recorded delivery. Not sure whether or not to put 'On behalf of Mr E Blackadder' or to not put anything other than a squiggle as a signature. Other than that, I intend to post the letter exactly as it is below without a contact address, my point being that I have no-where to direct them as far as forwarding goes!

 

 

Forthe personal attention of The Compliance Manager, Wescot Credit Services.

 

 

Re: Reference: abc123

 

CRN:00000000

 

 

 

March 2013

 

To whom it may concern

 

I refer to your letter dated xxxxxxxxx in reference to the abovementioned account, please note this letter is not acknowledgment of oradmission of any liability to Wescot Credit Services.

 

Having now researched relevant parts of my credit history I have concluded that the account which you have been instructed to deal with on behalf of Santanderis statute barred, therefore no party named on any agreement relative toaccount number abc123 will make any payment or offer of payment now or in the future.

 

I would remind you that should Wescot Credit Services wish to dispute thestatus of the account the onus of providing unequivocal proof that the accountis not statute barred falls entirely on Wescot. I have been made aware of theOFT Guidance on debt collection 2003/2012 and thesections regarding the pursuit of statute barred debt.

 

Wescot Credit Services will now cease to process ALL data relating to theparties named in any alleged agreement and remove it from its' records withimmediate effect, in particular Wescot Credit Serivces will remove the addressused on its' letter dated xxxxxxx as Mr E Blackadder is NOT and NEVERHAS BEEN a resident at the address used.

 

This is the final response.

 

squiggle signature.

 

 

Onbehalf of Mr E Blackadder.

[BRIGADIER2JCS 3,029]

Fine!!

[Mrs E Blackadder 116]

Cheers Brig . Think I will remove the 'on behalf of' bit - suddenly it made sense to take it off !

 

Will get it in the post tomorrow and will keep you informed of what happens.

[Mrs E Blackadder 116]

Another letter has arrived addressed only to Mr B. I Haven't opened it, but have been able to ascertain that it is from Wescot again, saying that their 'latest enquiries' confirm that he 'still' lives at this address. HE HAS NEVER LIVED AT THIS ADDRESS How stupid are these people. They are continuing to demand repayment within the next week.

 

Obviously this letter has crossed with the statute barred letter sent to them, so can only wait and see I suppose what they do next. However, this leads me to another problem relating to this matter that has arisen. Since 2010 this account has shown as dormant or inactive with a balance of zero. On checking my credit report today, I suddenly have another bank account, which is this one from Santander which has been updated to 'default'. How can it suddenly be listed as a default when the actual default was over 6 years ago but Santander did nothing about closing it until 2010? Infact the 'new' default date has been given as November 2011, a date which appears to have been picked out of thin air as it relates to absolutely nothing at all. Where do I stand on this one because obviously it is Wescot thinking they are being clever by doing this, although there is nothing at all on my credit report to say who has updated this information and there are no new searches by anyone.

Edited March 11, 2013 by Mrs E Blackadder

[BRIGADIER2JCS 3,029]

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.

[Mrs E Blackadder 116]

Oh wow, that is a really good letter! Thank you again Brig.

 

Have spent the whole day trying to sort out financial things of one kind or another so you have, yet again, taken a weight from my shoulders. I will read it through thoroughly once I have the time to sit for more than five minutes, tweak it where necessary and get it off to Santander. As far as I can make out, they are still the owners and anyone else has simply been acting on their behalf. Am I correct in thinking that if this is the case, any debt collectors cannot take direct action and can only pass the debt back to the original creditor? Perhaps I have me wires crossed on that one!

[BRIGADIER2JCS 3,029]

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.

[Mrs E Blackadder 116]

Further help required!

 

A reply has been received to the statute barred letter that was sent (see #91). I have not opened it but have been able to get the following information:

 

They say thank you for getting in touch and for notifying them of the query. (What query was that then? I thought a simple statement of fact had been made about the debt being statute barred). They will need to get back to their client to confirm information and this may take several weeks. In the meantime perhaps someone would be good enough to contact them (get stuffed ).

 

That's the gist of what I can make out. Also, despite being told to remove the address used as it is not Mr B's, they have obviously chosen to completely ignore that information and have used it to contact him again. I really don't know what else I can do to make them realise they are completely wrong and they seemingly have no intentions whatsoever of not using a 100% incorrect address.

[Mrs E Blackadder 116]

Hi Brig, hope you are around to take a quick look at the changes I have made to your letter. I have only typed in the paragraph with the changes, everything else has been left the same. Any comments? I want to get this right!

Dear Sir/madam

 

I refer to an entry made on my credit reference files held by Noddle Credit ReferenceAgency (screen print attached). As Santander iswell aware, this account was defaulted more than 6 years ago, the last possibletransaction made by the customer being August 2006. Any further movements on the accountafter this date were all made by Santander and NOT the customer. This account has previously been listed on my credit reference files under a list of closed accounts and marked as ''dormant'' with a zero balance since 2010,however on checking my credit file I have found that this account has now been movedto my open accounts and updated as a ''Default'' entry with a date of November2011, although it is quite clear from the screen print that the changes in information to anopen defaulted account were made in February of this year.

 

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

 

1. No notice of Intention to Default the account has been received.

2. No actual Default Notice has been received.

3.The default date of December 2011 has no relevance whatsoever to the conduct of thisaccount.

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

5. It is highly possible that Wescott, whom you have requested to act on yourbehalf, are acting unfairly and/or unlawfully by registering incorrect data asa means to extending the time allowed to pursue the alleged debt for which I DONOT accept any liability.

 

 

[BRIGADIER2JCS 3,029]

Hi Mrs B,

 

Thats fine!! Send recorded.

 

Brig.