My Debt Experience - Learn from my pain

[SaltnVinegar]

Santander - Drum roll if you please...................

Well its been a long 10 months of battling with Santander and trying to get them to listen. On many occasions its felt a lot like this.....



In this time I have received over 40 letters from Santander, their inhouse DCA (DMRS) and finally Wescott with all the usual threats, 7 days to legal proceedings, CCJ, Charging Orders, Attachment of Earnings blah blah.

However, I have persevered, and every month I have sent them a letter expressing my disappointment that they had not even had the courtesy of addressing my situation in writing, and that they had disregarded the Common Financial Statement and my financial position.

After collating a massive amount of evidence, including their refusal to even acknowledge my wish to deal with the matter in writing and continue to demand I telephone them I decided a few to sent a letter to their complaints department.

I catalogued their every breach of OFT664 (OFT debt collection guidelines) and also stated that I viewed their refusal to enter into written correspondance a breach of OFT854 (Unfair relationships. Enforcement action under part 8 of the Enterprise Act 2002).

I invited their comments before I made a formal complaint to the approriate regulatory bodies. I also chucked in a SAR for good measure.

So other than acknowledgement of my letter I have received nothing until this morning, I have received a letter from them that they have finally relented and agreed to the prorata payment as per my DMP!!!!!



This is exactly the same amount that was offered to them 10 months ago when I first started my self managed DMP!

So Cap1 aside (who have been seen off with lack of CCA and non compliance to CCA request) I now have 100% of my creditors on my DMP!

So the Creditor/DCA merry-go-round/game, at least for the moment, has finally come to an end and hopefully I can now make my DMP payments for the next 12 months or so before starting to offer F&F payments.

It has been a massive struggle to get to this point. Don't even get me ranting on whether creditors treat debtors fairly!

However it can be done, just takes a lot of time, perserverance, knowledge of consumer rights and legislation, as well as a thick skin.

Best

SnV

[SaltnVinegar]

July 2011 Update

Hi All

Heres my monthly update:

Everything is pretty much settled down.

CSL have scurried back under the rock they crawled from after being presented with a CCA request.

Wescot were sent a payment proposal but haven't bothered responding yet.

Nothing else to report! DMP is paying all my other creditors fine with no quibbles or hassle.

Best

SnV

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

Hi All

Hope you're all well!

Just a quick update...............

The Capital One saga has rolled on and then I put a spanner in their works and brought it to a complete stop.

The Cap 1 account got passed around the houses and ended up with a DCA called CSL (aka Credit Solutions Limited). These proved to be a particularly aggressive DCA who thought they were above the guidelines set down by the OFT not to mention the body they claim to be members of the DBSG.

After threatening to set their doorstep collectors arm on me (Power 2 Contact) and claiming that only a court could enforce refusing to allow them onto my property (their response to receiving the normal doorstep collection letter) I threw a CCA request at them.

Almost 6 weeks later and they have strangely gone very quiet with no correspondance at all (not stopped them from cashing the £1 postal order though). So either they do not have a valid CCA (likely) or they are trying to hash up a reconstituted CCA (very likely). Will wait and see what their next move is.

Santander have finally farmed my account to a DCA everyone will have heard of - Wescot

Have just had my first 'welcome' letter from them, giving me the standard 7 days to pay up in full or else.

Not that they mention what the 'or else' is of course!

SAR has been sent to Santander and so far no response, so once I get that back a formal complaint will go to Santander, which of course will no doubt be rejected, and then I will go to the FOS.

Other than that all quiet on the SnV front!

Best

SnV

[guardians]

Re: My Debt Experience - Learn from my pain

Very nice to read. thanks a lot!

[metodo09]

Re: My Debt Experience - Learn from my pain

My Debt Experience - Learn from my pain - Salt n Vinegar

That was an excellent post and thank you for sharing it with us.

An extremely important part of everyday living is compiling a budget - then actually sticking to the budget!
From experience I warn everyone - do not touch payday loans. I used them when I fell behind on priority debts. Then I found myself drowning in the payday loan cycle.

I think its essential to always remain positive. There is light at the end of the tunnel!

I am at the beginning of a journey but I am determined to get there!

[Never-In-Doubt]

Re: My Debt Experience - Learn from my pain

Nice to hear from you stranger - glad you're doing alright and saving the pennies

Catch up with you later

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

Hi All

Sorry I'm not posting much, work is completely mad and I struggle to find time to keep everything up to date.

But bl@@dy hell Niddy! Sites changed a bit since I was last here............. I like!

So its been since December last year I last posted so definately in need of an update on my DMP:

Lets start with Shop Direct.........

Basically Shop Direct completely ignored all my letters, and DMP and passed my accounts to their pet inhouse DCA - NDR Collections.

NDR continued to ignore my letters and DMP payment offer. All this time they continued to slap charges on my accounts at a rate of £24/month.

Eventually after 6 months (and I did not pay anything as I asked for the accounts into dispute due to their charges) they defaulted me and sold my accounts to 2 DCAs everyone will have heard of on here - Lowells and Capquest.

After some initial threat-o-grams ironically both Lowells and Capquest accepted my DMP with little hassle!

Black Horse farmed my account to a nice bunch of DCA's in Edinburgh called Nationwide. After some humourous threats and letters they also have agreed to my DMP.

My Capital One account is being thrown around between DCA's like the proverbial hot potato. Each new DCA is asked for proof of debt and copy of the CCA and strangely no further communication is received until a new DCA letter! I suspect my Capital One account has an UE CCA or it is just too much trouble for the balance size.

The only other creditor now playing silly buggers is Santander who, after 6 months, have finally defaulted me and are threatening me with external DCA's. As they have breached the Lending Code (to which they allegedly subscribe) on many levels I intend on making a formal complaint and then taking it to the FOS if I get no joy.

Probably a long shot but it won't cost me anything other than stamps and the paper and ink.

Everything else has settled down really nicely and my other creditors are still accepting payments, and I had my first reviews last month, where my non change in circumstances was accpeted without arguement.

I suspect that by the time Santander and Cap1 are put to bed my self administered DMP will have been active for almost a year.

For anyone considering a DIY DMP, its not easy, but it IS possible. I have no concern about my credit rating (which really now is trashed!!) but for sure this was the best route for me.

The overtime I getting at work is slowly building up financial reserves for emergencies (which I have had 2 of the last couple of months!) and hope to be able to start making F&F offers to the DCA's debt has been sold to in another 12-18 months.

Hope you're all well

SnV

[Never-In-Doubt]

Re: My Debt Experience - Learn from my pain

Hi SnV - nice to see you again, and good job for the extra OT at work

Have a great crimbo, i'll be here over the festive season so if you're around and bored then give us a shout! Also, it'd be good for you to get your payday loan thread sorted

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

Hi SnV
Hope you dont mind but wanted to ask you a question Monument have flatly refused to accept my DMP but they did freeze interest and charges sent me a letter to say they would file all future correspondence has my complaint had a final response in August and i have not heard anything since have continued to pay as per DMP in your experience have any of your creditors done the same or should I be concerned
Thanks in advance sorry to jump on your thread

Hi Winner

So they refuse your DMP (officially) but unofficially they continue to accept payments and have frozen interest and charges? Sounds like a result to me!!

I wouldn't be worried at all about this. Even if they took you to court (unlikely) the fact they have accepted payments and agreed to freeze interest and charges would all look like acceptance by default. At least thats the way I would position it

Best

SnV

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

SnV - are you still with us mate?

LOL Hi Guys!!

Yes I am still here!! Sorry I've not been posting much, work has been completely mad and I've been doing lots of O/T. :-029

Good news is I'll have a little bit of extra cash when that gets paid end of Jan!

Planning on catching up on things over the Christmas holidays, especially paperwork and filing DCA correspondance properly (I scan every letter I get just in case they are needed later).

There has been some positive things happening....... since the OFT kicked AMEX up the bum I have got some minor amount of sense out of them and have finallycome to an agreement I can afford after 5 months of harrassment and hassle.

I got a snotty email from Payday UK last month threatening a doorstep visit. I savage letter from me back to them and a formal complaint plus complaint to the OFT and TS and they have gone very quiet. I suspect they may farm this off to a DCA but have not heard anything from them since. I am still making payments to their bank account though in line with my DMP.

Santander are now playing silly devils but have frozen interest and charges although I will see how long that lasts as I get conflicting letters from them (I think left hand not knowing what right hand is doing).

Shop Direct are slowly getting the hint. It has taken 2 months to acknowledge my 4th letter to them outlining my DMP (which they refused) but I am now getting letters from them offering to extend my borrowing at a lower interest rate over a longer period of time (which is against OFT guidelines as their 'offer' extends my borrowing and the amount of debt owed). But they are now at least starting to make some sense.

Will keep you updated as things move on. Some more good news however is that I hope to pay my Next account off at the end of Jan with my O/T money so that will be one creditor less I will owe money too and I can start snowballing!

Best

SnV

[Never-In-Doubt]

Re: My Debt Experience - Learn from my pain

SnV - are you still with us mate?

[winner12]

Re: My Debt Experience - Learn from my pain

Hi SnV
Hope you dont mind but wanted to ask you a question Monument have flatly refused to accept my DMP but they did freeze interest and charges sent me a letter to say they would file all future correspondence has my complaint had a final response in August and i have not heard anything since have continued to pay as per DMP in your experience have any of your creditors done the same or should I be concerned
Thanks in advance sorry to jump on your thread

[Never-In-Doubt]

Re: My Debt Experience - Learn from my pain

Ahh but have they sent a copy to you? I forgot the date - bugger

[SaltnVinegar]

Re: My Debt Experience - Learn from my pain

Hi Niddy

They are post Apr 2007 so would UE still apply?

I know I never signed anything but did tick the box when the application was signed online.

Best

SnV

[Never-In-Doubt]

Re: My Debt Experience - Learn from my pain

Best of luck - thanks for the update. SDG hardly ever request you sign a cca which makes all this funnier cos it's gonna be UE, surely?