Santander/Moorcroft

[Mrs E Blackadder]

Ok. It seems that there is one debt, annoyingly in joint names, that is still outstanding between Mr B and myself.

 

It is a Santander current account which is in debit to about £1000.

 

I have never used this account, but digging around shows me that it dates back some 20 odd years and has been passed on from several different banks due to take overs.

 

I went into my local branch of Santander where I was told the account had been closed but they couldn't tell me anymore.

 

I was given a number for Santander Collections, so gave them a call.

 

It turns out that the debt was sold on to Moorcroft last week, so I haven't received any letters of assignment to date.

 

Santander refused point blank to take the account back so that I could deal with it.

 

I have no intentions of phoning Moorcroft, nor of giving them my new address or phone number

(my post is still being forwarded by the Post Office until the end of the year, so I will get the letters they send).

 

However, I want the matter dealt with in the best way so that I can finally get an end to the whole sorry bl**dy saga of this marriage.

 

What I would like is some sensible advice on what I should do next.

 

I have dealt with plenty of debt collectors before but not for a debt relating to myself.

 

Should I offer them some kind of full and final settlement, inwhich case what percentage would be an acceptable offer.

 

Or should I tackle it another way?

 

Any advice greatly appreciated.

 

Many thanks, Mrs B.

[i hate bailiffs]

When did you last make a payment? 20 years?

 

i would pay them nothing

 

what does your credit file say

[BRIGADIER2JCS]

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

Is it showing on CRAs?

[Mrs E Blackadder]

Thanks for your response IHB.

 

Absolutely no idea when any payments were last made.

 

Like I said, I have never used the account and I think it was probably an alliance and leicester account before Santander took it over and was probably with someone else before that.

 

I have never had any cards/cheque books relating to the account whilst it was with A&L or Santa.

 

Don't know what my credit file says.

I have never looked at it.

 

Personally, I find things like that confusing, especially when you have to cancel things like free trials before they start to charge you for looking.

 

According to my bank though it looks fine from their point of view because they wanted to know if I was interested in taking out a credit card with them. No thanks )

 

I certainly don't intend to pay anything I don't have to - mainly because I don't have it to pay them!!

 

However, it would be nice to get things done and dusted as it is the final outstanding thing between Mr B and myself.

[i hate bailiffs]

sounds like they have nothing to go on don't make a offer of payment or pay them

 

sit tight and wait til the next beg letter

[dx100uk]

then get your cra file!!

 

see below

 

noddle is free

 

dx

[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 !.

[lookinforinfo]

No probs

[Mrs E Blackadder]

Just one thought I had, won't my new address be available from my credit report, because obviously I have had to give it to my bank?

Never heard of Noddle, but from the sound of it no-one here rates it too highly .

I'm wary of checking my credit report because I have heard that the likes of debt collectors can see that you have checked things

and this can then make them realise that you are alive and kicking and wary of what is going on.

Feel free to set me straight if what I have heard is a load of old tosh.

 

I am going to sit tight for the time being because I can't do anything until I hear from them anyway,

but what I don't want is Moorcrap getting a CCJ without my knowledge.

 

Will wait for their array of brightly coloured envelopes to Fosbury flop onto the doormat (assuming they can still afford to use coloured stationery and haven't had to cut back due to austerity measures).

 

I didn't know that the six year rule applied to bank accounts,

I thought it was just for things like credit or store cards.

 

If that is the case, is it worth my while getting back to Santander and asking them to send me the last statement they have when there was anything paid into or taken out of the account?

 

If I have that information, surely I can then write to Moorcrap and tell them to get stuffed as it is statute bar.

 

Thanks for the replies.

I'm feeling in need of major moral support right now

- all I want to do is tackle this last hurdle and it will be an end of all the debt of the past few years.

[dx100uk]

an SAR to santy would be a very good idea

 

dx

[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

[Mrs E Blackadder]

Hi CitizenB.

As far as I am aware, the account was closed quite recently, probably only in the past few weeks.

 

I have never been chased for any repayment by Santander, so I am wondering if the debt could have been statute barred when they took it over

and this is why they have never requested any repayment and have now sold it on.

 

Could be that Alliance and Leicester tried to chase for repayment and Mr B destroyed the evidence as it arrive,

but that would have been a long time ago, Mr B has been gone about 5 and a half years and I am not aware of anything happening in that time.

 

So, do you think that it is worth SAR ing Santa and seeing if the account could be statute barred? Presumably it would stand me in good stead once Moorcrap start making contact as I could just send them the right letter telling them to go away.

 

Hello guest who is looking at my thread. You probably work for Moorcrap - lucky you.

[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

[Mrs E Blackadder]

Fingers cross that it it could possibly be statute barred then.

 

Will definately get my letter off to Santander and see what they say.

 

Presumably, while I am waiting for them to send me everything they have, Moorcrap will be waiting in the sidelines.

 

Have yet to hear from them, but what do I do if I hear from them before I get anything back from Santa?

 

Also, I am assuming that it may be possible to claim back any charges etc, even if the account is SBd, without it restarting everything?

[dx100uk]

you wont get charges passed 6yrs old

 

dx

[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

[Mrs E Blackadder]

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 ?

[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.

[Mrs E Blackadder]

Thank you Brig

[Mrs E Blackadder]

I have today received a letter from a company called midas credit services, claiming to be part of Moorcroft. It reads:

 

Dear Mr & Mrs B,

 

litigation warning

 

We are part of the Moorcroft group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt recovery concerning the above account. We are now reviewing your account and may in due course recommend to our clients that they consider instructing their solicitors to commence legal proceedings against you.

 

To prevent this course of action you must contact MDR at the following address. etc etc etc.

 

 

 

Now, having been overly busy I have not had time to write to Santander to find out whether or not this debt is statute barred so will do that this evening. However, I would like some advice on what I should do in the meantime.

 

As this is the first communication we have had from the debt collector, I can't possibly see how we have failed to reach a repayment agreement with them. They have never given us a chance to make any agreement even if we wanted to. Also, I'm not sure whether by 'their client' they are referring to Santander or Moorcroft. We have had no communication from them whatsoever, no notice of assignment or letter from Santander to say what is going on. Santander refused to have anything further to do with me when I rang them other than to say the debt had been passed on to Moorcroft so go away and deal with them, and when I asked if I would get a letter of assignment I was told it would come from Moorcroft.

 

Should I ring Santander to find out the last date of any transactions, or is it better to ask for the SAR? If it turns out the debt is not sb, what would my next step be?

 

Thanks for your help. Mrs B.

[lookinforinfo]

Just ignore Midas.

 

But yes, send Santander the sar.

 

Cross the non SB bridge if the question arises. Unless your ex partner has paid anything within the last 6 years the chance are that it is SB.

The sar should reveal that one way or the other and then we can give you advice to deal with Moorcroft the best way possible.

Edited September 4, 2012 by lookinforinfo

[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.

[Mrs E Blackadder]

Thanks for your replies. Will definately get the SAR off to Santander, can kick myself for not doing it sooner but I don't seem to have stopped over the summer!

 

Re the CCA request to Midas.

Not sure I want to contact them until it's absolutely necessary as I don't want them harrassing me,

so is there anything to be gained from requesting a CCA?

 

Also, should I mention that they have not followed proper protocol by threatening legal action on first contact?

 

I suspect they will simply reply that they are not threatening anything,

just suggesting what could happen if we don't play ball with them!

 

If you think a CCA and telling them they haven't gone by the book is a good idea,

could someone help me put a suitable letter together as I am feeling my way in the dark a bit here

[dx100uk]

save wasting £11

 

did you ever get that CRA file?

 

dx

[twoman]

moorcroft must be the worst dca ever.They are about as much use as a chocolate teapot it's a wonder that they are still in business...idiots.

 

Personally i would ignore them completely, i have and then it gets passed on to some other muppets.