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I have received 3 default notices on the same account within approximately a year. The timeline is as follows (copy/pasted from another area on the site):
And basic info on the default notices:
Not sure what to do at this point. It's all from Paypal Santander. Interestingly enough, I have a second Santander account where they literally sent 14+ different default notices for the same account with varying amounts over the course of roughly 30-35 days!! We actually had post from them every single day for 35+ days!! But that, as I said, is a different account altogether. I will be sooooooo glad when we are all done with Santander.
Nov 2009 - sent them letter stating in financial difficulty with £1 token payment
Dec 2009 - sent them follow up letter again stating financial difficulty with £1 token payment
Dec 2009 - received default notice from them
Jan 2010 - June 2010 - paid them by standing order approx £7 per month, including sending them incomings/outgoings letter which they quibbled about as they said they wanted proof of everything (bank statement, statements of other debts, proof of income, everything basically and we refused).
April 2010 - they "transferred" our debt to Viking Collections (which I suspect is their in-house DCA) - we got 2 letters from them, then never heard from Viking again
July 2010 - received another default notice from them
July 2010 - requested CCA (and stopped monthly payments)
August 2010 - received CCA from them, enforceable per Niddy, began paying them £14 per month by standing order.
October 2010 - received ANOTHER default notice from them (this is now the third we've received from them)
After looking through the actual statements, it appears they have only been charging us interest each month. For some reason, since December 2010, they are suddenly charging us this monthly:
£12.00 over limit fee
£20.04 transf balance int charge
£12.00 late payment fee
£61.69 interest
So...I'm baffled why suddenly we are being charged the extra interest (the £20.04 transf balance int charge) and the fees (the over limit and late payment fees) when for over a year they didn't charge us for them. And not sure what to do about it, as I don't understand how they can now incorporate these fees and extra interest when they weren't charging them for the last year. Is there any way to address this and have the extra interest and fees removed and stopped?
And why 3 default notices?? I've noticed that on any of our Santander accounts, they seem to send numerous default notices at varying times (one Santander account had over 15 default notices sent to us!). I thought they could only do it once. I have noticed the defaults technically seem to state the arrears amount. Does that mean that they can put more than one default on the account if it's just covering arrears? sigh. So confused now. (Have I mentioned that I hate Santander? They are the ONLY creditors that do this - all others have been very straight forward.)
Dec 2009 - sent them follow up letter again stating financial difficulty with £1 token payment
Dec 2009 - received default notice from them
Jan 2010 - June 2010 - paid them by standing order approx £7 per month, including sending them incomings/outgoings letter which they quibbled about as they said they wanted proof of everything (bank statement, statements of other debts, proof of income, everything basically and we refused).
April 2010 - they "transferred" our debt to Viking Collections (which I suspect is their in-house DCA) - we got 2 letters from them, then never heard from Viking again
July 2010 - received another default notice from them
July 2010 - requested CCA (and stopped monthly payments)
August 2010 - received CCA from them, enforceable per Niddy, began paying them £14 per month by standing order.
October 2010 - received ANOTHER default notice from them (this is now the third we've received from them)
After looking through the actual statements, it appears they have only been charging us interest each month. For some reason, since December 2010, they are suddenly charging us this monthly:
£12.00 over limit fee
£20.04 transf balance int charge
£12.00 late payment fee
£61.69 interest
So...I'm baffled why suddenly we are being charged the extra interest (the £20.04 transf balance int charge) and the fees (the over limit and late payment fees) when for over a year they didn't charge us for them. And not sure what to do about it, as I don't understand how they can now incorporate these fees and extra interest when they weren't charging them for the last year. Is there any way to address this and have the extra interest and fees removed and stopped?
And why 3 default notices?? I've noticed that on any of our Santander accounts, they seem to send numerous default notices at varying times (one Santander account had over 15 default notices sent to us!). I thought they could only do it once. I have noticed the defaults technically seem to state the arrears amount. Does that mean that they can put more than one default on the account if it's just covering arrears? sigh. So confused now. (Have I mentioned that I hate Santander? They are the ONLY creditors that do this - all others have been very straight forward.)
Niddy, if you recall, we posted back and forth on this default notice thing previously (see from roughly post #93 on for a few posts) and you stated that them sending 3 default notices was not on.
And the most recent activity since the 3rd default notice of 15/10/2010:
31/10/10 - notice of sums in arrears
23/11/10 - received letter stating "are you experiencing financial difficulty?"
06/11/10 - monthly statement with interest of £83.20
06/12/10 - notice of default sums with overlimit fee of £12 and late payment fee of £12
06/12/10 - monthly statement with interest of £61.69 interest (why lower interest fee than previous month though balance is higher??), transf balance int charge £20.04, and above mentioned overlimit fee and late payment fee £24.00 total.... so basically they've added £105.73 in interest and charges
23/12/10 - received letter stating we've gone over our credit limit (apparently by £900+, which, since we were paying approximately £15 per month up until then, I'd say we went over quite some time ago, eh?)
Now today we have received a red paper from a DCA that we've never even heard of saying "Final demand" and demanding that we pay in full by 3rd of June 2011 (tomorrow). I hardly think that's appropriate notice, considering we just received it today (was dated 27 May). Again, followed by the usual threats of court and/or debt collector coming to the home.
And the most recent activity since the 3rd default notice of 15/10/2010:
31/10/10 - notice of sums in arrears
23/11/10 - received letter stating "are you experiencing financial difficulty?"
06/11/10 - monthly statement with interest of £83.20
06/12/10 - notice of default sums with overlimit fee of £12 and late payment fee of £12
06/12/10 - monthly statement with interest of £61.69 interest (why lower interest fee than previous month though balance is higher??), transf balance int charge £20.04, and above mentioned overlimit fee and late payment fee £24.00 total.... so basically they've added £105.73 in interest and charges
23/12/10 - received letter stating we've gone over our credit limit (apparently by £900+, which, since we were paying approximately £15 per month up until then, I'd say we went over quite some time ago, eh?)
Now today we have received a red paper from a DCA that we've never even heard of saying "Final demand" and demanding that we pay in full by 3rd of June 2011 (tomorrow). I hardly think that's appropriate notice, considering we just received it today (was dated 27 May). Again, followed by the usual threats of court and/or debt collector coming to the home.
Ok. here are the DNs.
First:
Default Amount: £ 136.95
Default Date (of letter): 21/12/2009
Date to remedy default by: "within 14 days from receipt of this notice"
Date you received the DN: (don't have receipt date)
ACTUAL BALANCE OF STATEMENT: £no total balance listed, just arrears of £136.95
Second:
Default Amount: £ 973.57
Default Date (of letter): 13/07/2010
Date to remedy default by: "within 14 days from receipt of this notice"
Date you received the DN: (don't have receipt date)
ACTUAL BALANCE OF STATEMENT: £no total balance listed, just arrears of £973.57
Third:
Default Amount: £ 1351.00
Default Date (of letter): 15/10/2010
Date to remedy default by: "within 14 days from receipt of this notice"
Date you received the DN: (don't have receipt date)
ACTUAL BALANCE OF STATEMENT: £no total balance listed, just arrears of £1351.00
Each says "DEFAULT NOTICE Served under Section 87(1) of the Consumer Credit Act 1974" in red across top and in body of letter all say "We are required by law to send this notice to you before we can take action to recover the outstanding balance on your account" etc etc
As usual, Santander handles things oddly, as we received a letter from them before the first DN, dated 18/12/2009 saying "before we consider a temporary arrangement, we require you to complete the income and expenditure form on the reverse of this letter in full and return to us in 10 days"... and yet they didn't even wait the ten days, just fired off the DN.
And the amounts overdue were actually different than the amounts listed in the DNs. For example:
first DN - dated 21/12/09 for £136.95, but statement of 06/12/09 shows overdue amount is £259.09
WHAT IS THE ACTUAL BALANCE SHOWING ON THE STATEMENT: £4137.95
second DN - dated 13/07/10 for £973.57 but statement of 06/07/09 shows overdue amount is £1592.65
WHAT IS THE ACTUAL BALANCE SHOWING ON THE STATEMENT: £4604.78
third DN - dated 15/10/10 for £1351.00 but statement of 06/10/10 shows overdue amount of £2166.74.
WHAT IS THE ACTUAL BALANCE SHOWING ON THE STATEMENT: £4801.44
So no idea where they were getting the amounts from. Just seems no rhyme or reason to it all...
First:
Default Amount: £ 136.95
Default Date (of letter): 21/12/2009
Date to remedy default by: "within 14 days from receipt of this notice"
Date you received the DN: (don't have receipt date)
ACTUAL BALANCE OF STATEMENT: £no total balance listed, just arrears of £136.95
Second:
Default Amount: £ 973.57
Default Date (of letter): 13/07/2010
Date to remedy default by: "within 14 days from receipt of this notice"
Date you received the DN: (don't have receipt date)
ACTUAL BALANCE OF STATEMENT: £no total balance listed, just arrears of £973.57
Third:
Default Amount: £ 1351.00
Default Date (of letter): 15/10/2010
Date to remedy default by: "within 14 days from receipt of this notice"
Date you received the DN: (don't have receipt date)
ACTUAL BALANCE OF STATEMENT: £no total balance listed, just arrears of £1351.00
Each says "DEFAULT NOTICE Served under Section 87(1) of the Consumer Credit Act 1974" in red across top and in body of letter all say "We are required by law to send this notice to you before we can take action to recover the outstanding balance on your account" etc etc
As usual, Santander handles things oddly, as we received a letter from them before the first DN, dated 18/12/2009 saying "before we consider a temporary arrangement, we require you to complete the income and expenditure form on the reverse of this letter in full and return to us in 10 days"... and yet they didn't even wait the ten days, just fired off the DN.
And the amounts overdue were actually different than the amounts listed in the DNs. For example:
first DN - dated 21/12/09 for £136.95, but statement of 06/12/09 shows overdue amount is £259.09
WHAT IS THE ACTUAL BALANCE SHOWING ON THE STATEMENT: £4137.95
second DN - dated 13/07/10 for £973.57 but statement of 06/07/09 shows overdue amount is £1592.65
WHAT IS THE ACTUAL BALANCE SHOWING ON THE STATEMENT: £4604.78
third DN - dated 15/10/10 for £1351.00 but statement of 06/10/10 shows overdue amount of £2166.74.
WHAT IS THE ACTUAL BALANCE SHOWING ON THE STATEMENT: £4801.44
So no idea where they were getting the amounts from. Just seems no rhyme or reason to it all...
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