Strange issue DCA threatning legal action ... please advise

[s3cure]

In 2007 I borrowed £10k from GE Money. I started paying the agreed installments through a Direct Debit. On the 3rd installment I noticed they had taken £100 in access to the agreed monthly installment. I spoke to them on the phone and after asking all security questions the lady asked me if i had taken £25K? which I denied. The lady eventually said that will fix the issue from then on and refund me the excess amount.

The next month they took out even more (£200 approx in excess) than the previous installment. I rung them again. This time the representative, after asking all security questions, said to me that because this was the last/final installment of my loan thats was why it came up to so much. I denied and explained what had happened. He/she then went away and came back by saying that there has been some problem and they will have to close the account and issue a new account number and that they will refund me the excess amounts together. He/She also advised me to STOP the DD until they have fully investigated and fixed the problem.

For the next 2 months they used to call me and take the monthly payment over the phone through my debit card.

Then they called and said that the issue has been resolved and the DD will be reinstated from next month and I agreed. Since that day they neither called nor re-instated the DD ever. I changed my address twice during that period and I used to call them and update my details but they had never complained about any non-payments. no phone no letter ... nothing....

Time went on and now a few weeks ago i got a letter from a DCA acting on behalf of Santander!!! claiming a similar borrowed amount as that of GE MONEY... Since then I have received 3 letters from the DCA claiming legal action etc. This time they are offering re-payment of £120/month or otherwise recommending to their client to proceed with legal action ....

 

 

Sorry for my long description... but I need some serious advice on what to do please ??

[PGH7447]

who is the dca?,

 

did you ever recieve a default notice?

 

did you ever recieve a notice of assignment?

 

also I would in the first instance contact the OC and ask what is going on

[Bazooka Boo]

So you borrowed 10K?

 

They (GE) messed up your DD and cancelled them, also closed the account?

 

Did they ever issue you with a new account, including number, and did you re-sign this new account?

 

Which DCA is this?

[Bazooka Boo]

[s3cure]

The DCA is Moorcroft I am not sure what is a default notice. But first they sent me a letter saying that they are agents of Santander and that the records show that their is a balance of £10XXX.XX to be paid and they have been provided my address by a credit reference agency and that if I believe that I am the a/c holder then i should contact them.

The second letter titled "important information - possible letigation" talks about the calling them or legal action and any additional changes they may incur if they go ahead with the legal action. Also states they have confirmed my address with a public utility provider. Now how the hell do a utility provider give away my address to someone?

The third letter now offers £120/month as a repayment option or recommending to their client to proceed with legal action.

[s3cure]

So you borrowed 10K?

 

They (GE) messed up your DD and cancelled them, also closed the account?

 

Did they ever issue you with a new account, including number, and did you re-sign this new account?

 

Which DCA is this?

 

Yes they did issue me with a new account number. The DCA is Moorcroft Debt Recovery Ltd. I don't remember re-signing the agreement again.

[s3cure]

Also why is Santander reclaiming GE Money's account It is all so confusing ... I read santander probably bought GE Money but Is there no legal obligation for anyone of them to let consumers know what is going on?

[Bazooka Boo]

Hello guests :wave:slow day in the office?

 

Moorcr@p, that says it all, and I see they are still saying they have got your details from a utility provider, I thoroughly doubt that, unless they are admitting to breaching DPA guidelines?

For their foolish puerile missive forward a complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contact

 

You can safely ignore moorcr@p, they are pathetic, keep a diary of events, and keep all their missives and staple the envelopes to the letters also, if you take a close look at the envelopes and note their method of posting these so called 'urgent' 'important' letters you'll find they seem to always send everything 2nd class, TNT post, so not that 'urgent or important' after all!

 

A default notice (DN) will be a letter sent to you by the original creditor (OC) ie the bank, to tell you that you have fell behind with your payments and in order to rectify your account you must pay an amount by a certain time, otherwise they will terminate the account, and the full balance will be payable immediately.

[alfwithhair]

7th January 2009 GE Consumer Credit Services Limited, the company which provides your card account, was acquired by Banco Santander SA ("Banco Santander").

[PGH7447]

so now send a cca request to moorcrap, although if it was 2007 chance are they will have a good one, but at least it slows them down

[s3cure]

Thing is why has GE or Santander never contacted me ... Why DCA (Moorcroft)??

[alfwithhair]

Well as they are quoting their client as 'Santander' and you have never been contacted by them since GE sold out to them

Go with the 'prove it letter'

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

As far as you are concerned you have not been notified of the sale, so are unaware of a Santander debt.

Moorcrap are useless anyway so will propably have dificulty reading the letter let alone supply any paperwork.

 

Have you checked your credit files recently?

What is showing on there regarding this account?

[pelham9]

Just one thought.

 

Moorcroft have said they are acting as agents for Santender i.e. they are working for them. The debt has not been sold to them.

 

I personally would put the whole matter back to Santander stating that you will not communicate in amyway with their incompetent agents.

[Bazooka Boo]

As ALF said, send them the 'prove it' letter.

[s3cure]

Ok I think I am going to send them a 'prove it' letter. Thanks to everyone here... I will update this thread when I hear from them back.

[jimbo45]

Hi there

also NEVER EVER use direct debts for paying --especially to a DCA. If you want to agree a fixed monthly sum use a Standing Order instead. Direct Debits can be altered at will by the person RECEIVING the money. Even if your Bank has some type of "Diect Debit Guarantee / Protection" it will still take AGES to get your money back -- meanwhile you might not have ANY money left over for Supermarket etc etc etc.

 

So again please NEVER USE DIRECT DEBITS.

 

Cheers

jimbo

[Bazooka Boo]

My current argument with TV licensing is exactly that point!