Hello all. Need some advice.

[Harry Dresden]

Hi. I've been browsing for advice and it seemed like this was the place to ask.
I have received a letter from Santander saying that a debt I have with them, which I originally took out online with Cahoot, has been passed from Equidebt Ltd, who have gone into administration, to Moorcroft Group and after reading about other's experiences with them thought I should ask for some advice.
Santander have said in the letter that I should call Moorcroft to make necessary arrangements but am not keen to do this which would give them a chance to pressure me as I had previously arranged for contact to be made in writing only and was thinking it might be better to wait and see if they send me a letter introducing themselves.
Is this a good idea?
Up to now I have been paying a token £1 a month by standing order so that I can keep control of the amount I pay and have not been harassed for some time, a situation I hope to continue. Can some kind person give me some advice on this?

[labman]

Re: Hello all. Need some advice.

I think waiting for contact from Moorcroft is entirely appropriate, though it may be a good idea to write to Santander specifying you will only deal in writing with regards to this debt, so will wait to hear from Moorcroft via a letter. In the meantime you are happy to maintain your payment of £1 per month direct to Santander if they would kindly supply a paying in book.

Having done that, was the debt a credit card? If so, when was it first taken out? Have you sent a CCA request off to Santander to ensure they are able to enforce the debt?

I'd write the letter first, so Santander see you as being reasonable. After that, I'd be interested to hear the replies to my questions. :beagle:

[Harry Dresden]

Re: Hello all. Need some advice.

Hi Labman. Thank you for answering.
I will sort out the letter you advise asap. This loan was a personal loan taken out with Cahoot, the online lender, which was a division of Abbey National in 2005. I went into default in 2006 so it was eventually passed to Equidebt in 2011. I started by paying £1 a month at first (sorry in the original post got this confused with another debt)then in 2011 increased that to £5 a month.
In answer to your question I have not sent a CCA request. Should I send that along with the letter stating I will only deal in writing or send the letter first then a CCA?
I do still have a copy of the original agreement from Cahoot as I was sent one to sign and return and one to keep so I think they would have to produce a copy of that as, though I don't remember for sure, this probably means that even though I applied online that did not count as acceptance of the loan if you see what I mean.
Could you post me a link for the template for a CCA request please?
Thanks for your help with this.:tinysmile_grin_t:

:_thedoctor__by_GuyF

[labman]

Re: Hello all. Need some advice.

Hi,

Send the 'reasonable' one offering to pay first, give it a few days then send the CCA request. It's great you still have the original, as you can compare it with anything they send. A tick in a box on an online application counts as your signature, but it sounds as though you were sent a hard 'true' copy to sign. That's good!

Dear Sir,

Account/Ref No:

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974, and believe a copy of any credit agreement, along with a statement of account, should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

Yours faithfully



Your name.

[Harry Dresden]

Re: Hello all. Need some advice.

Hi Labman, I have inserted here a copy of the letter I am sending to Santander. I am addressing it to the person who signed their letter to me so that it will hopefully be handled by the same person. Sorry it's been a few days i've not been well. I'll hold off sending it until you have a look in case you think I should change anything.
One thing I should ask is that though I do receive post from them the address they use does not specify the flat I am in but just the building address. At the moment my thinking is that I should let them keep using that as it may help if at some point they decide to 'send the boys round'. Obviously I will not sign the letter just type my name and print it.
Many thanks.


Mr GP Rymer
Santander
Collections & Recoveries
201 Grafton Gate East
Central Milton Keynes
MK9 1AN


5th September 2013


Re: Account Number:


Dear Mr GP Rymer


Thank you for your letter informing me that my account is to be placed with Moorcroft Group Plc. Could you make sure you pass on to them the instruction that I will only deal with this matter in writing and will wait to hear from them by letter as to payment details.
In the meantime I am happy to continue my payments of £5 per month to Santander if you could kindly supply me with either a paying in book or details of the account to make payments to so I can set up a standing order for this amount.
If you have any queries please do not hesitate to contact me by post.


Yours sincerely

[labman]

Re: Hello all. Need some advice.

Looks good to me. If you're sending a physical copy, I use this:

[Harry Dresden]

Re: Hello all. Need some advice.

My bad. I waited too long and have received a letter from Moorcroft asking me to contact them but including details so I can set up a payment to them. I'm thinking it may be best to set up the payment to them from my bank and send them a letter telling them I have done so. Not sure if it's still worth sending the letter to Santander or to send an adjusted one to Moorcroft. What's your advice on this?
I had been thinking about adding a line in the letter to Santander stating my surprise at them using a firm with so many bad reports about their tactics but probably not worth sending it now.
I just want to make sure I don't give them any more information than is necessary. At least if I set up the payment before writing I'm showing that I'm being responsible.

[labman]

Re: Hello all. Need some advice.

I'd just redraft the existing letter to go to Moorcroft.


5th September 2013


Re: Account Number:


Dear XXXXXXX,


Thank you for your letter. Please be aware, I will only deal with this matter in writing. I am happy to continue my payments of £5 per month to Moorcroft if you could kindly supply me with either a paying in book or details of the account to make payments to so I can set up a standing order for this amount.
If you have any queries please do not hesitate to contact me by post.


Yours sincerely.

Something like that! :beagle:

[Harry Dresden]

Re: Hello all. Need some advice.

Should I send Moorcroft the CCA request letter in a few days? I don't actually dispute that I owe the money but may need to make it troublesome for them to deal with depending on their attitude.

[labman]

Re: Hello all. Need some advice.

It's not so much the disputing you owe it, as making sure that everything is proper and above board, and the debt is enforceable and collectable by them.

Yes, I'd send it later next week.

[Harry Dresden]

Re: Hello all. Need some advice.

Well I have not received a reply to my first letter yet. Perhaps because I left out the PO Box line of the address? I just wanted to see if it would get there without it as if I have to send anything that needs to be signed for I thought a direct address rather than a PO box number would be better.
The address they gave me was:

P.O. Box No. 17
2 Spring Gardens
Stockport
SK1 4AJ

Though I have found this address:

Moorcroft House
2 Spring Gardens
Stockport
Cheshire
SK1 4AN

Which I may use. Which one do you think would be best and should I send the CCA request letter so it has to be signed for?


I am going to send the CCA request letter next week and see what happens. Thanks for the anti-tamper jpeg.

[labman]

Re: Hello all. Need some advice.

If you're happy it's the right place, Moorcroft House seems the obvious one, doesn't it. :beagle:

[Harry Dresden]

Re: Hello all. Need some advice.

Hi Labman, I've received a response to my first letter though I will still send the CCA letter this week. I have attached a scan of the letter for you to take a look at as I'm curious as to the way it is worded.
There is one section where it says they will accept £5 a month to discharge the debt and on the payment slip it says they payments are for 52 months with a final payment of £4.63. Are they saying that once I reach the end of this period the debt will be cleared with nothing else owing as the amount, if kept at £5 per month, is way below the amount owing. Just seems a bit odd to me.

[labman]

Re: Hello all. Need some advice.

I agree - that seems VERY odd indeed. (52 x 5) = £260 + £4.63 = £264.63

That would be a good settlement. I wonder if they will put in writing that if you stick to that arrangement the debt will be discharged in full and your credit reference file marked as satisfied in full (or whatever the wording is)?

They have obviously made a mistake somewhere (maybe they paid that for your debt??????) The thing is, can that be turned to your advantage? I'd be inclined to write and ask them if the terms set out there are to complete the repayment of the debt and could they confirm this to you in writing please. However, I'd wait for other members to comment as this seems too good to be true.

Send the CCA request still, and see what comes back. :beagle:

[Harry Dresden]

Re: Hello all. Need some advice.

Thanks. That's got me thinking, if they did pay around that much for it perhaps they're just interested in recovering their costs and I could find it passed on again for the full amount. Am I right in thinking they are not allowed to add any charges on unless they can be justified?
I've got a little while before I'll have to put in the standing order, do you think I should do that? I can always cancel it if necessary and try and get it returned to Santander.