santander and moorcroft

[wessex warrior]

Good Afternoon

 

In March I received a letter from Moorcroft saying that they are acting for Santander, and did I live at an address 10 years ago - yes it was me

 

They the said there was an outstanding debt

 

I asked for evidence but none was forthcoming - after phoning them last week and Santander (most unhelpful) some evidence / statements are in the process of being sent to me.

 

In the mean time within the past month my credit reference has be negative marker placed on it - only found out when I went to get a mortgage quote.

 

There has been no activity on this account since 2003 when I moved house, and there was a small amount outstanding I believe on an account - possibly credit card with Cahoot. the amount has increased because of interest and charges

 

I am now about to send of a Subject Assess Request for all data held and a Statute barred letter to both Santander and Moorcroft

 

If Moorcroft can find me after 10 years why didn`t Cahoot, I have had a mortgage and debit / credit cards / store cards I have not been a financial fugitive.

 

Why has Morecroft sent me this letter when they know that it is Statute barred / limitations

 

Wessex Warrior

[citizenB]

If the last payment or acknowledgment of liability was made more than 6 years ago then the account is statute barred.

 

Moorcroft / Santander have no right to add a marker to the account this long after the cause of action.

 

Send the statute barred letter to both Moorcroft and Santander. CAG library - top left hand side of the screen. Tell them to remove any adverse reporting on the Credit file. Contact the Credit agencies and remind them that if there is a debt it is statute barred - you can add a correction notice to your files apparently. If Moorcroft/Santander wont remove the adverse marker then you are going to have to complain to the Information Commissioner.

[wessex warrior]

Good Evening

 

I have looked at my Experian report and it show a current account in default - account opened in 2000, I have not used this account for the past ten years but it is showing a default date 28/12/2011

 

Does the 6 years stat still apply

 

Wessex Warrior

[dx100uk]

urm..

 

what an account that old doing on your CRA file if you def have not made any financial transactions in/out in 10yrs?

 

should not be showing

if that IS the case

 

dx

[BRIGADIER2JCS]

Another account not defaulted??

[wessex warrior]

Another account not defaulted??

 

Do you mean do I have another account in default

 

Is there a reason why Cahoot have waited 8 years to default the account although there has been no transactions by me during that 8 years

 

On my credit report there is another account started at the same time as the current account - a credit card this is also showing in arrears but only for £54 and is showing as green not red.

 

Wessex Warrior

[BRIGADIER2JCS]

We are seeing a greatly increasing number of accounts that have not been defaulted by the original creditors, and have arrangement to pay or late payment markers instead of being defaulted, which is 'unfair' and can be successfully challenged, is this account still in the name of the original creditor?

[wessex warrior]

We are seeing a greatly increasing number of accounts that have not been defaulted by the original creditors, and have arrangement to pay or late payment markers instead of being defaulted, which is 'unfair' and can be successfully challenged, is this account still in the name of the original creditor?

 

Thanks for you reply

 

Yes the accounts are still in the name of Cahoot

 

What information would I require to challenge this practice. Is there any case law for instance

 

Wessex Warrior

 

Wessex Warrior

[BRIGADIER2JCS]

There is in cases like this no reason to quote case law or to get involved in complicated legal jargon.

 

The Information Commissioners Office Technical Guidance on Defaults states that defaults should be placed within 6 months of the 'cause of action' which may be the cessation of all payments, frequent missed and/or late payments and also says that late payment a markers should not be used in place of defaulting an account.

Cahoots conduct breaches this guidance.

 

I can draft a challenge to this entry for you if you wish.

[wessex warrior]

Thanks for the offer

 

I will wait until I have had a reply to the Stat time letters that I am sending off tomorrow

 

I am learning a lot here and hopefully may be able to use my knowledge to help others in future

 

Wessex Warrior

[BRIGADIER2JCS]

OK remember the SB letters MUST contain the phrase ''I do not acknowledge any debt to xxxxxxx''

And that as the account is SB I will not make any payment.

 

Good luck,

[wessex warrior]

Hello

 

Just an update, Letters sent off on Monday, however I have now received the evidence I asked for

 

A computer print out listing transactions from 2000, since 2001 the only transactions have been debit interest on a monthly basis, until Jan 2011.

 

Whilst I changed address in 2003 - between 2001 and 2003 Cahoot obviously made no attempt to recover any debt !

 

I now have a letter from MC says that if I don`t arrange a repayment plan in the next 14 days they will commence further action

 

Wessex Warrior

[dx100uk]

yea like send a discount letter

 

dx

[wessex warrior]

Good Evening

 

Just got this reply to my SB letter

 

 

Having investigated the issue, I would like to advise you that I am unable to agree with the points you have made> I would like to advise that Section 5 of the Limitations Act 1980 does not apply in your case and the account cannot be deemed Statutory Barred in this instance. I will explain below why as to I believe that to be the case.

 

I would like to clarify that Cahoot MTA accounts weremigrated in September 2010 to the Santander IT platform and started to be administeredin a similar why to other Santander current account. I feel it prudent toremind you that a current account is credited on a regular basis, especiallywhen the Arranged overdraft limit is in use. If no significant credit is madeto the account every month, it becomes credit dormant and its administration isreferred to the Collections and Recoveries department (C & R). Previously, whilstthe dormancy policy existed, it was never executed on the Cahoot MTA Accounts.

 

If the credit dormancy continues, C & R may cancel thelimit, in which case the entire balance becomes an Unarranged Overdraft,instantly payable. If the account continues to be overdrawn and the customerdoes not come to an acceptable payment agreement, the account will be defaultedand cancelled. I note that in your case the limit was cancelled on the 28December 2010 and the balance became Unarranged Overdraft payable instantly.

 

According to our records, your account was last used inNovember 2001. This being said, I note that the account was within its ArrangedOverdraft limit of £1000 until December 2010, when it was cancelled andtherefore, until then we did not record any adverse information against it.

 

On the 23 November 2011 a notice of our intentions toregister default information with the credit reference agencies to which wesubscribe was registered, and the following day we sent you furthercorrespondence give you 4 weeks to clear the overdrawn balance in full, whichwould have prevented the account defaulting. The account balance remainedunpaid on the expiry of the notice period; hence, on the 28thDecember 2011 default information was recorded against the account with thethree credit reference agencies to which we subscribe (Experian, Equifax andCallCredit). It will remain on your credit file for a period of six years.

 

In case of your account no demand for payment was made – dueto the fact the relationship between the parties did not break and that you didnot default on the terms and conditions of the account until December 2011. Itis only when a demand is made to repay an overdraft that the limitations periodbegan to run, and in your case demand for repayment was on made on the 7thOctober 2010, following referral the account to be administered in C & R.

 

 

 

We did not have your current address registered for theaccount, and correspondence from C & R was sent to your previous address.The correspondence which we sent to you was never been returned from your previousaddress marked “Gone Away”. However, Cahoot MTA account was designed as anonline account and as such, it was your responsibility to regularly checkonline statements that were sent to you to your registered email address, Hencethe argument that you were unaware of the accounts status is a moot point.

 

 

It is also you responsibility to update your address detailsand if you failed to do so, we could interpret your actions as avoidance of thedebt. If you have lost access to the account online, you should have liaisedwith Cahoot Customer Services team to get access restored.

 

Whilst we have no intention of taking court action againstyou to the amount outstanding, I can confirm that the debt exists, and you willkeep receiving statements for the account from Santander, highlighting theoutstanding amount.

 

We are obliged to notify the account holders of any balancesoutstanding they have with us, as per the relevant provision of the CustomerCredit Act. The amount £ is a valid debit, and you still have a moralobligation to repay it. It will remain outstanding on our records and we neitherhave the intention to adjust the balance to nil, nor is it our policy to do so.

In view of my findings, whilst I acknowledgethat which you advise, I am unable to comply with your request or confirm thatno further contact will be made regarding the above account. The earlier yousettle the debt, the sooner your credit scores improves

 

 

The final paragraphs are about if I feel that decision is wrong then go the Financial Ombudsman

 

Any advice

 

Thanks

 

Wessex Warrior

[BRIGADIER2JCS]

What a bunch of WHISKY ALPH NOVEMBER KILO ECHO ROMEOS!!!!!!

 

Return the compliment of their lunatic reply with the following;

 

Ref: use theirs:

 

Dear Cur or Madman,

 

I refer to your garbled and meaningless reply to my letter dated xx xx xxxx informing you that this account is Statute Barred, which it appears you have agreed

 

I refer you to the OFT Guidance on Debt Collection 2003/2012 and the sections regarding the pursuit of statute barred debt once the creditor has been informed in writing that the debt is statute barred and the alleged debtor will not be paying, therefore any further contact WILL be considered harassment and suitable action WILL be taken and the actions Of Satander will be made public as a further incidence of its well known incompetence.

 

RD to the Directors Office.

Edited June 11, 2013 by BRIGADIER2JCS

[wessex warrior]

I agree but I was looking for a bit more of a steer !

 

Looks like I now need to write to the Financial Ombudsman, I was hoping to get this sorted asap

[BRIGADIER2JCS]

Exhaust this to a proper Final Response then you will have a far stronger case to be put to FOS and a complaint to OFT/FCA.

They have admitted in a very garbled way that it is SB but to continue the 'statements ' in this way can amount to harassment.

[wessex warrior]

Thanks does that mean that I write back to them and counter their statements, where do you interpret that they agree that it is SB

[BRIGADIER2JCS]

Para '' Whilst we have no intention of court action'' means we know we can't go that route but we are going to be a bloody pest anyway.

[wessex warrior]

Yes that's what I thought as well as saying I have a moral obligation to repay the debt

 

I am assuming that Cahoot had problems in their systems and process (when it was Abbey) now that Santander has taken over they are trying to get some money into their coffers, seems that Cahoot didn`t attempt to recover any debt in over 10 years.

 

If I didn't use the account since November 2001 and didn't make a payment then November 2007 would be when it become SB

 

Thanks

 

Wessex Warrior

[dx100uk]

good grief !!

 

they really went to all the time and trouble to think up and type that bowlarks

 

incredible!!

 

dx

[wessex warrior]

Not quite there is more the letter was over three pages

 

Wessex Warrior

[dx100uk]

well don't waste time typing that crap yourself

 

scan it up!

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[wessex warrior]

I just have a quick question before I draft a reply letter, this account is now shown as a default account on my credit reference.

 

Can a SB debt still be recorded as default with the Credit Reference Agencies

 

Wessex warrior

[BRIGADIER2JCS]

Last financial transaction so 2001.