No Signed CCA 2009

[Stompin]

Hi Everybody,

I have an outstanding CC debt with Santander that I have been paying on agreement since it defaulted in late 2010!

It got transferred as such to Moorcroft but really Santander never transferred it and paying £5 a month for a £2798 debt to date, and they never badgered me but I sent them a CCA request recently, and they never produced it, but then they sent me an unsigned copy of their CCA agreement with opening balance and payments made before and after the default.

After looking at the dates I opened the account in 2009 which I was unaware due to an accident the year I defaulted, memory sh*t and I thought it was prior too April 2007.

I still have an outstanding mortgage with Santander which I pay interest only.

Is it enforceable I'm guessing it is, but they are offering I do an I&E form, and they will put me back on the agreement plan which makes me think they don't have enough info under the CCA section to enforce it.

I can link document files if needed!

Thanks for any help

[MIKE770]

moorcroft only hopeful collection agents on commission basis - no powers only begging letters, they are not debt purchasers by the way? see what they (satander) comes up with next!

[Stompin]

moorcroft only hopeful collection agents on commission basis - no powers only begging letters, they are not debt purchasers by the way? see what they (satander) comes up with next!

Hi Mike,

Thanks for the reply! So I guess its wait and see, they did (moorcroft) threaten me 3-4 weeks ago with putting a default on my credit file which I could do without right now!

[MIKE770]

unfortunatly default can be put on by buyers moorcroft do not buy! after 2007 they need only supply copy of original terms cca etc but even then things can be incorrect on ccs etc,, defaults have to be recorded buy owner as a true record by rge way?

[MIKE770]

I&E only a court can order that, unless you give personal information depends on what you want to do.

[MIKE770]

Celestine

[Celestine]

Hi - unfortunately an account opened in 2009 does not have to provide the signed agreement upon CCA request. Does the document you have received reflect what you believe you agreed? I would proceed cautiously and be aware that as it’s still owned by the original creditor Santander (you certain of this?) then they may be receptive to a F&F settlement offer of a low %.

[Stompin]

Hi - unfortunately an account opened in 2009 does not have to provide the signed agreement upon CCA request. Does the document you have received reflect what you believe you agreed? I would proceed cautiously and be aware that as it’s still owned by the original creditor Santander (you certain of this?) then they may be receptive to a F&F settlement offer of a low %.

Pretty sure it's still owned by Santander even though when I have rang them 3 years ago they say deal with Moorcroft. I get statements directly from Santander yearly and other letters from Moorcroft asking to renew my I&E details which I have never do for years now!

I don't know whether to take risk or just get the money to pay it off before they register the default

[MIKE770]

as stated Moorcroft on get commissions if they collect any monies (quite a bit by the way), another question is Why has this account never been sold? questionable? default on file, we have all had that, even when an account was in dispute, the odd default makes little or no difference as most companies have their own set of rules? up to you?

[Stompin]

I have now received a letter from Santander saying my CC acount will be dealt with by Drydensfairfax to manage. Have dealt with them in the past and they go down the CCJ route quite quickly if not resolved and Drydensfairfax's letter states that I need to come up with a repayment plan by 15th March!

And as stated by other memebrs Santander don't need a signed copy od the CCA as it's post 2007/online agreement so I guess I will have to start a repayment plan....