M&S Loan - Out of the blue letter from Bank - passing to Moorcroft

[Twango53]

Apologies its the bank loan not the cards.

 

Had a letter yesterday from Bank. Passing account to DCA and awaiting contact.

 

Last contact must be 2016/2017? by phone. In fact all contact has been phone.

 

That said bank agreed would contact again in 3 months to assess situation again. But never did.

 

However no contact until this current letter.

 

 

The account had a default notice 7 Years ago in 2013.

 

Although no CCJ and now wiped from credit file Experian.

 

 

• Would this debt be statute – barred?

 

Many Thanks

 

[dx100uk]

when did you last pay anything and do you know the defaulted date from an old credit file readout you might have?

[Twango53]

Hi

 

Thanks for taking a look.

 

The default date from old Experian credit file was 11/02/14

 

Will have to dig out paperwork but could be voluntary payment around 2016?

 

Will check this.

 

Many Thanks

 

 

[Twango53]

Hi

 

Apologies took me some time to find paperwork.

 

• Default letter date December 2013

 

• The last payment was in December 2016 (£30)

 

Expect statute barred  no use here. As payment in December 2016 reactivates the clock?

 

 

 

 

Many Thanks

Edited February 4, 2021 by Twango53
typo

[dx100uk]

has this been sold and have you had a notice of assignment ?

who's the bank and DCA

names names.

 

no so not SB'd till dec 2022

[Twango53]

Hi

 

 

Thanks for the reply.

 

• Bank is M&S

 

• DCA is Moorcroft

 

• Notice of assignment?

 

• Debt sold unsure. Phrase is ‘take responsibility’

 

 

This is the gist of letter from Bank:

 

 

“We want to let you know we have now asked Moorcroft Debt Recovery Ltd to take responsibility for your account.

 

Moorcroft will contact you in due course about the outstanding balance on your account.

 

They will only use your information in accordance with our instructions and UK Data Privacy laws. Blah ..Blah..

 

Please forward all future payments and queries direct to Moorcroft, using the contact details in their introductory letter.”

 

 

I guess will wait for DCA introductory letter?

 

 

Many Thanks

[Andyorch]

Moorcroft do not buy debts just chase..... so won't be assigned.

 

 

[dx100uk]

haha powerless moorcroft

as with any DCa ignore them totally

 

dx

title updated

[Twango53]

Hello,

 

Many Thanks for looking at this Dx + Andy.

 

• Today we have an introductory letter from DCA as expected.

 

• Also a letter from Bank with attached cheque to compensate for service received from Collections team?

 

Should i wish to make a complaint call them or write?

 

Very bizarre......

[Andyorch]

What's the cheque for ? 

 

Send Moorcroft your introductory letter...Its called a section 78 request (CCA) 

 

This wont be SB until Dec 22.

[Twango53]

Hi

 

The cheque is compensation from M&S Bank.

 

They failed to meet 'standard we would expect from Collections and /or Recovery Team'

 

Moorcroft will be receiving my introductory letter CCA request .....:)

 

Many Thanks

[London1971]

Not a million miles away from Stat Barred. @dx100uk or @Andyorch would cashing the cheque count as an acknowledgement and reset the stat barred clock again?

[Andyorch]

No....because payment to the debtor is not considered an acknowledgment of the debt....although I would pay it into an account not associated with M&S.

 

 

 

.

[dx100uk]

open

please post your reported post contents here

 

dx

 

[Twango53]

Update.

 

Followed dx100 advice ‘totally ignored the DCA’

 

DCA

20 letters

50 phone calls

 

DCA Gave up passed back to M&S

 

 

M&S passed to new DCA – again ‘totally ignored the DCA’

 

Poked the bear - sent CCA request to M&S enclosing postal order fee £1.

 

 

M&S response:

Letter 1 - Thanks for recent payment (£1 postal order for CCA) offset against debt.

Please contact DCA in future ….. not us.

 

Letter 2 – (signed for) CCA complete copy of original. Received within time allowed.

 

 

DCA response:

DCA letter – Thanks for recent payment to client. We have created a repayment plan to pay monthly sum. Please pay directly to us etc…

 

 

In retrospect maybe don't send a postal order when requesting original CCA. Thinking this may have restarted SB clock for 6 more years?

 

Or just  ignore DCA completely

 

Many Thanks

 

[dx100uk]

The po can't be used to reset SB. You have proof it was the statutory CCA fee.

 

Dx

[Twango53]

Thanks for the reply Dx