Hello all. Need some advice.

[labman]

Re: Hello all. Need some advice.

I'd be interested to hear other members' opinions on this. I think you take what time you've got and use it wisely. What is going through my head is can you get in writing the fact that what they have put on that paper discharges your liability completely - effective a F&F over a 4.5 year period? If they will put it in writing, then it's happy days.

A simple letter -

Dear Sir,

Please could you confirm that the standing order sent to me on dd/mm/yyyy in which you ask for a payment of £5 per month over a 52 month period, with a final payment of £4.63 will discharge my liability to you in full, reduce the balance on the debt to £0.00 and you would mark my credit file as fully satisfied at the end of the period?

Once I have this in writing, I will set up the SO forthwith.

Yours...... etc.....

Something like that.

My reservation is giving them the chance to realise they've made a mistake. :beagle:

[Harry Dresden]

Re: Hello all. Need some advice.

My reservation is giving them the chance to realise they've made a mistake.

I see what you mean. I'll send the CCA request first and see what happens. As you say it would be useful to see what other members have to say about the letter. It would be nice to find out it was legally binding but I think they've covered themselves by saying the arrangement

may be terminated at any time

:_thedoctor__by_GuyF

[Harry Dresden]

Re: Hello all. Need some advice.

:tinysmile_cry_t: No other comments on the Moorcroft letter yet. Perhaps I should offer cakes for responses? izza: (Ok. I know it's a pizza! I couldn't find a cake!)
I sent off the CCA letter today (found a nice green pen to sign the anti-tamper with, let them try to use that mwahaha!) I'll let you know what response I get. I will probably set up the standing order to show good faith. I appreciate your help and advice with this labman.

[labman]

Re: Hello all. Need some advice.

No problems - let's hope there's a result at the end of it. They have 14 working days in which to respond to the CCA request (12 + 2 for post). Make a note of the date by which they should respond, give them an extra 3 or 4 days, and then post up again if you haven't heard anything.

I agree - it would be good to have other members' views on this. Not that I don't enjoy your company, a few more offering an opinion on the way we're doing things would be good though. :beagle:

[Harry Dresden]

Re: Hello all. Need some advice.

Hi Labman,
well I got a reply from Moorcroft to the CCA letter. They have 'put on hold ' all collection activity and they have had to contact Santander for the relevant documents. Their letter is dated 24th September so that gives them till the 10th October but I'll probably give them till the 14th before doing anything else. If they don't supply the information what is my next move?
They are also asking me to tell them what information I would rely on in court but seeing as I'm only interested in making sure they have a right to actually collect the payments form me I don't know if its worth replying to this. I have attached a copy of the letter for you to have a look at.
Am I right in thinking that if they can't supply the information they will have to pass it back to Santander?

:_thedoctor__by_GuyF

[labman]

Re: Hello all. Need some advice.

Your next move depends very much on two things - what they send, and what you want to do if they can't supply an agreement. If they don't supply the information you can elect to stop paying and embark on a journey of Unenforceability, arguing non compliance on a range of issues; alternatively, if you want to repay the debt, you can do so, but you are very much in control of the payments.

In terms of their mention of court proceedings, I wouldn't even bother responding to them. They've put that there purely to try to scare you a bit. It is absolutely none of their business and rather threatening they should mention it at all. You could waste a stamp writing back with a suitably snotty reply, but TBH I imagine you've better things to spend 60 pence on.

If they can't supply the information they don't have to pass it back to Santander, they could choose to wait and see if Santander find the agreement; however they may choose to pass it back - it depends on what course of action you choose.

[CleverClogs]

Re: Hello all. Need some advice.

Am I right in thinking that if they can't supply the information they will have to pass it back to Santander?

No - they will still be able to huff, puff and threaten to blow down your house but, as long as they remain in default of your CCA request, they should be unable to obtain judgement in their favour.

TBH, it is unlikely that Satander will have any hope of producing even a reconstituted "twue copy" of the agreement and, before long, Moroncroft will sell the alleged debt to the specialists at MacKenzie Hall.

[Harry Dresden]

Re: Hello all. Need some advice.

Labman, Because they have suspended collection activity I have decided not to set up a payment to them until I get a response. So at some point they will probably start with the threatening letters I suppose but if they can't prove their right to collect it's just empty threats and a waste of trees.
It does help that ever though I receive their letters, probably due to the postman, they don't seem to have my exact address . It would be fun to see their collectors trying to collect from the empty shop downstairs.
CleverClogs, As the original loan was through Cahoot in 2005 and I have, as you say, a "twue copy", amazing what you find buried in boxes when you move, I can compare anything they send with that.
Do you think I should, at any point, send a CCA letter to Santander as they, as Abbey National, were technically the ones who supplied the loan? (Maybe I should reclaim the PPI payments)

[labman]

Re: Hello all. Need some advice.

You can reclaim ppi without resetting the SB clock I think. Check with our ppi guys - they're very good.

Should you CCA Santander? No. It's the DCA's job to get the agreement, let them do the running around, don't make things easy for them, especially if you're stopping paying. You want to be building walls now, not climbing over them for them.

[Harry Dresden]

Re: Hello all. Need some advice.

Still haven't heard from Moorcroft. It's now 16 working days since I sent the CCA request. Probably give them till friday. What should I send next if I don't hear from them by then?

[CleverClogs]

Re: Hello all. Need some advice.

Why waste a stamp on wose thankers?

(Deliberate Spoonerism to evade the "naughty words" filter. msl

[wales01man]

Re: Hello all. Need some advice.

CC
You could post a list of Spoonerisms that we can all use

[CleverClogs]

Re: Hello all. Need some advice.

By whother?

[labman]

Re: Hello all. Need some advice.

Here you go:


Dear Sir,

Re. Account No/Reference No: XXXXXXXX

I refer to my letter dated dd/mm/yyyy in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to in the above account number. You were reminded that you are obliged to supply this under s.189 whether you are the original creditor or not. I enclosed the statutory fee of £1.00.

To date you have failed to comply with my statutory in respect of this account, so I am left with no option but formally to place it in dispute with you.

Additionally this alleged agreement is unenforceable until such time as you comply with my request in full, or it is enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as you comply.

Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you are aware that the OFT has stipulated that Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. They state that under these sections a person can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

As this account is clearly unenforceable, not only am I ceasing all payments toward this account, but I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place. Unless you do supply a compliant agreement I will not correspond with you again. Any threats will be averred as unlawful and vexatious.

In the meantime I require you to clarify your position on this point, as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position with regard to this matter.

I await your prompt response.

Yours faithfully,


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[CleverClogs]

Re: Hello all. Need some advice.

It is a further offence to attempt to enforce this alleged agreement until such time as you comply.

It isn't.