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**cymruambyth** · 4 January 2015, 18:19

Re: Newbie needs advice please Cahoot Flexiloan

I'll keep my eye open for a letter!

**bosdog** · 13 February 2015, 14:10

Re: Newbie needs advice please Cahoot Flexiloan

UPDATE 13/02/2015

Cahoot Flexiloan (started at 5.6% stopped at nearly 17% APR) had no contact at all for 2.5 years during which time no payments were made. Santander have admitted errors.

2004 loan 10k @ 5.8% variable paid up to
June 2008 hit personal problems, last payment in June 2008 and showing just over 10k outstanding.
Head in sand

Heard nothing till
Jan 2011 Cahoot loan appeared on my Alliance and leicester current account statement ( now a Santander Statement) showing at £15k
Ignored

18/02/11 letter from Santander "we are writing to tell you about an internal admin error.......we may not have written to you with regards to arrears on your account" arrears £371 loan £15k
Ignored

17/03/11 From Santander "notice of missed payment"
Ignored

04/04/11 From Santander "second notice of missed payment" (APR 16.6% at this point)
Ignored

06/07/11 Default notice served areears £1911 to balance £16k

16/07/11 Sent cca to Santander

27/07/11 received cca from Cahoot
Niddy says enforceable

02/08/11 Letter from Debt Management & Recovery Services
"we have been instructed by Santander to recover arrears of £2.3k"
Ignored

09/08/11 SAR sent

08/09/11 received 2004-feb 2010 account sheets printed on un headed paper and 5 screen shots form Santader pc showing 2010-2011 account info
Ignored

08/10/11 intention to issue default letter from Santander call us to discuss payment options

14/10/11 called collections to discuss payment options was told that account should have defaulted earlier, outstanding amount needed to be re-calculated, would talk to line manager, no interest or action would be added/taken till sorted. Told to ring back in a few weeks

9/11/11 Default registered at CRA 3 years and 6 months after the last payment!

12/11/11 letter confirming termination of account arrears 3.9k

05/12/11 letter received "westcot will be our agent and act on our behalf"

13/12/11 Sent letter headed "Account in dispute: (no signature by me) referring to phone conversation of 14/10 and stating that unfair interest had been applied to account and that the amount required by the default notice was not correct.

20/12/11 Letter from Santander "investigating complaint"

28/12/11 Letter from Nelson Guest, "instructed by Westcot.. offer a discount... call or offer rejected for full amount"
Ignored

18/01/12 Letter from Santander " still looking into.... need 4 more weeks"

18/01/12 Letter from Nelson Guest "7 days or legal action may be taken"

28/01/12 letter from westcot re doorstep collector

03/02/12 sent only communicate in writing letter

14/02/12 letter from santander, still investigating....now been 8 weeks since first contact

20/02/12 letter from Credit Security "instructed by client to recover outstanding debt..."

Ignore or respond?

21/02/12 Letter sent following Niddy's advice " I am in the middle of a dispute...

10/04/12 Received correspondence back from Santander after 4 months from dispute letter.
They state that they will refund all charges from 2008 (6k off total o/s!!) as they accept that they did not send me any account statements or contact me from 2008 to 2011, They do not accept that they have to credit anything due to the rate jacking over the period of the loan (many others have been re-funded for their rate increases) Therefore my registered default is not showing the right amount with cra's*. Should they have defaulted some time in 2008 rather than the end of 2011? I Have sent the letter to Niddy by pm and could do with further advice. This could be of interest to all flexiloan victims! (*it has now been corrected at the cra's to reflect this reduction.)

03/05/12 From Santander "I am writing to advise you that we will be referencing your account to our agent Wescot Credit....will be responsible for managing your account....all further communications should be addressed to them in the first instance...."

10/05/12 Received letter from Moorcroft : " We have been instructed by Santander to collect overdue debt... (showing new figure, see previous post )
"it is a legal requirement to send notice of intended litigation before proceedings....."
"to prevent our recommending to our client that solicitors commence legal proceedings..."
"if agreement cannot be reached by 15/05/12, a claim may be issued by solicitors instructed to act on behalf of our client without further notice"
"please call us today and we will be happy to discuss a repayment programme....."

Should I send in dispute letter, is it time to involve FOS or for a DMP? Why from Moorcroft when Santander has said their agent is Westcot?

Niddy, could you advise please?

16/05/12 on Niddy's advice sent this
Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

Thanks Niddy and All

23/05/12 Letter from Moorcroft
"Important Information - Possible Litigation - to prevent the above possible action please send payment or call immediately....if you do not contact us following receipt of this letter...may have no alternative but to recommend to our client that solicitors issue legal action..if successful in entering judgment then you debt may increase as follows..........
Neither we nor our client want court proceedings to be issued and it is still possible for you to avoid this by agreeing a repayment plan that you can afford and maintain"

30/05/12 Letter from Moorcrap "thank you for your letter requesting a copy of the credit agreement.....you must provide £1.00 fee for us to process your request...."

Ignore or answer? Thanks everyone

09/06/12 from MC "Monthly Instalment offer............failure to respond may leave us with no option but to recommend to our clients that they consider legal action....."

15/06/12 Followed In2Deep's kind advice and sent
Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

21/06/12 From MC - Repeat of letter from 30/05/12 "thank you for your letter requesting a copy of the credit agreement.....you must provide £1.00 fee for us to process your request...."

25/06/12 was going to send "missing PT letter" today as advised by Niddy, however received this today from Midas Credit Services. LITIGATION WARNING We are part of Moorcroft Group and are aware you have failed to reach a repayment agreement with Moorcroft Debt Recovery....we are reviewing your account and may in due course recommend to our clients that they consider instructing solicitors.. to prevent further action you must contact Moorcroft Debt Recovery...

26/06/12 Sent "sold in in dispute" letter to Midas with a copy of "threat of litigation" that at the same time is sent to MC
Sent "Threat of litigation" letter to MC with a copy of "sold in dispute" letter that is sent to Midas

02/07/12 Received from MC "we acknowledge correspondence.......your account on hold whilst we investigate the matter with our client......."

26/11/12 Received from Santander " we are writing to advise that we will be referring your account to our agent Clarity Credit Management. Until further notice, our agent will be responsible for managing your account on our behalf, and where appropriate will take steps to come to an amicable arrangement with you................"

Presume I wait to hear from Clarity?

05/12/12 letter received from Clarity today dated 26/11/12
"we have been instructed by Santander (Cahhot Loan) to make arrangements with you to repay the above amount........until further notice all repayment proposals must be agreed with us....this requires your urgent attention...contact us"

05/12/12 Sent "Sold in dispute" letter

29/12/12 Received from Clarity "please be advised that we have had the opportunity to ask our client for the information you have requested and will be in contact once this has been received."

23/02/13 Received from Clarity "we have had the opportunity to request the information from our client. Please find attached copy of the Credit Card Agreement ..I look forward to receiving your proposals....

They have sent a copy of the original CCA (I already have a copy, see earlier posts!) they have called it a Credit Card Agreement in their letter!

Should I respond?

Thanks All

03/11/14 Received today from Santander notice that "the associated balance has been sold to Hoist Portfolio Holding 2 Ltd"
there is another letter with it From Hoist stating that Robinson Way are handling it and should be my point of contact.
It was 3 years from my last payment made in June 2008 before they finally defaulted me in 2011. No payments have been made since 2008 so statute barred is an argument I think. Also I never rocked the boat by trying to get the default date corrected at the Credit Ref agencies, could this be an opportunity to try as I presume the new creditor would have to register their interest at the Credit Agencies.

04/11/14 Statute Barred template sent to Hoist recorded/signed

05/11/14 received today a ""Transaction Summary Statement from Santander showing "Transfer to Debt Purchaser" of full amount on 09/08/14.

Also a second letter from R Way dated 01/11/14 saying "Your account details have been passed to us for collection....we want to help you clear your balance as we have with hundred of thousands of other customers....an affordable and flexible payment arrangement...call to discuss

05/11/14 refer letter sent to RW with reference to the SB letter sent to Hoist on the 4th

03/01/15 Letter from RW dated 25/12/14 "Ref your recent request - please note we have not yet received a response from the original creditor....your account remains on hold temporarily whilst this is resolved"....

12/02/15 Letter from RW Please note that we have not yet received a response from the original creditor......Thank you for your patience.

**bosdog** · 18 March 2015, 10:59

Re: Newbie needs advice please Cahoot Flexiloan

UPDATE 18/03/15

Cahoot Flexiloan (started at 5.6% stopped at nearly 17% APR) had no contact at all for 2.5 years during which time no payments were made. Santander have admitted errors.

2004 loan 10k @ 5.8% variable paid up to
June 2008 hit personal problems, last payment in June 2008 and showing just over 10k outstanding.
Head in sand

Heard nothing till
Jan 2011 Cahoot loan appeared on my Alliance and leicester current account statement ( now a Santander Statement) showing at £15k
Ignored

18/02/11 letter from Santander "we are writing to tell you about an internal admin error.......we may not have written to you with regards to arrears on your account" arrears £371 loan £15k
Ignored

17/03/11 From Santander "notice of missed payment"
Ignored

04/04/11 From Santander "second notice of missed payment" (APR 16.6% at this point)
Ignored

06/07/11 Default notice served areears £1911 to balance £16k

16/07/11 Sent cca to Santander

27/07/11 received cca from Cahoot
Niddy says enforceable

02/08/11 Letter from Debt Management & Recovery Services
"we have been instructed by Santander to recover arrears of £2.3k"
Ignored

09/08/11 SAR sent

08/09/11 received 2004-feb 2010 account sheets printed on un headed paper and 5 screen shots form Santader pc showing 2010-2011 account info
Ignored

08/10/11 intention to issue default letter from Santander call us to discuss payment options

14/10/11 called collections to discuss payment options was told that account should have defaulted earlier, outstanding amount needed to be re-calculated, would talk to line manager, no interest or action would be added/taken till sorted. Told to ring back in a few weeks

9/11/11 Default registered at CRA 3 years and 6 months after the last payment!

12/11/11 letter confirming termination of account arrears 3.9k

05/12/11 letter received "westcot will be our agent and act on our behalf"

13/12/11 Sent letter headed "Account in dispute: (no signature by me) referring to phone conversation of 14/10 and stating that unfair interest had been applied to account and that the amount required by the default notice was not correct.

20/12/11 Letter from Santander "investigating complaint"

28/12/11 Letter from Nelson Guest, "instructed by Westcot.. offer a discount... call or offer rejected for full amount"
Ignored

18/01/12 Letter from Santander " still looking into.... need 4 more weeks"

18/01/12 Letter from Nelson Guest "7 days or legal action may be taken"

28/01/12 letter from westcot re doorstep collector

03/02/12 sent only communicate in writing letter

14/02/12 letter from santander, still investigating....now been 8 weeks since first contact

20/02/12 letter from Credit Security "instructed by client to recover outstanding debt..."

Ignore or respond?

21/02/12 Letter sent following Niddy's advice " I am in the middle of a dispute...

10/04/12 Received correspondence back from Santander after 4 months from dispute letter.
They state that they will refund all charges from 2008 (6k off total o/s!!) as they accept that they did not send me any account statements or contact me from 2008 to 2011, They do not accept that they have to credit anything due to the rate jacking over the period of the loan (many others have been re-funded for their rate increases) Therefore my registered default is not showing the right amount with cra's*. Should they have defaulted some time in 2008 rather than the end of 2011? I Have sent the letter to Niddy by pm and could do with further advice. This could be of interest to all flexiloan victims! (*it has now been corrected at the cra's to reflect this reduction.)

03/05/12 From Santander "I am writing to advise you that we will be referencing your account to our agent Wescot Credit....will be responsible for managing your account....all further communications should be addressed to them in the first instance...."

10/05/12 Received letter from Moorcroft : " We have been instructed by Santander to collect overdue debt... (showing new figure, see previous post )
"it is a legal requirement to send notice of intended litigation before proceedings....."
"to prevent our recommending to our client that solicitors commence legal proceedings..."
"if agreement cannot be reached by 15/05/12, a claim may be issued by solicitors instructed to act on behalf of our client without further notice"
"please call us today and we will be happy to discuss a repayment programme....."

Should I send in dispute letter, is it time to involve FOS or for a DMP? Why from Moorcroft when Santander has said their agent is Westcot?

Niddy, could you advise please?

16/05/12 on Niddy's advice sent this
Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

Thanks Niddy and All

23/05/12 Letter from Moorcroft
"Important Information - Possible Litigation - to prevent the above possible action please send payment or call immediately....if you do not contact us following receipt of this letter...may have no alternative but to recommend to our client that solicitors issue legal action..if successful in entering judgment then you debt may increase as follows..........
Neither we nor our client want court proceedings to be issued and it is still possible for you to avoid this by agreeing a repayment plan that you can afford and maintain"

30/05/12 Letter from Moorcrap "thank you for your letter requesting a copy of the credit agreement.....you must provide £1.00 fee for us to process your request...."

Ignore or answer? Thanks everyone

09/06/12 from MC "Monthly Instalment offer............failure to respond may leave us with no option but to recommend to our clients that they consider legal action....."

15/06/12 Followed In2Deep's kind advice and sent
Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

21/06/12 From MC - Repeat of letter from 30/05/12 "thank you for your letter requesting a copy of the credit agreement.....you must provide £1.00 fee for us to process your request...."

25/06/12 was going to send "missing PT letter" today as advised by Niddy, however received this today from Midas Credit Services. LITIGATION WARNING We are part of Moorcroft Group and are aware you have failed to reach a repayment agreement with Moorcroft Debt Recovery....we are reviewing your account and may in due course recommend to our clients that they consider instructing solicitors.. to prevent further action you must contact Moorcroft Debt Recovery...

26/06/12 Sent "sold in in dispute" letter to Midas with a copy of "threat of litigation" that at the same time is sent to MC
Sent "Threat of litigation" letter to MC with a copy of "sold in dispute" letter that is sent to Midas

02/07/12 Received from MC "we acknowledge correspondence.......your account on hold whilst we investigate the matter with our client......."

26/11/12 Received from Santander " we are writing to advise that we will be referring your account to our agent Clarity Credit Management. Until further notice, our agent will be responsible for managing your account on our behalf, and where appropriate will take steps to come to an amicable arrangement with you................"

Presume I wait to hear from Clarity?

05/12/12 letter received from Clarity today dated 26/11/12
"we have been instructed by Santander (Cahhot Loan) to make arrangements with you to repay the above amount........until further notice all repayment proposals must be agreed with us....this requires your urgent attention...contact us"

05/12/12 Sent "Sold in dispute" letter

29/12/12 Received from Clarity "please be advised that we have had the opportunity to ask our client for the information you have requested and will be in contact once this has been received."

23/02/13 Received from Clarity "we have had the opportunity to request the information from our client. Please find attached copy of the Credit Card Agreement ..I look forward to receiving your proposals....

They have sent a copy of the original CCA (I already have a copy, see earlier posts!) they have called it a Credit Card Agreement in their letter!

Should I respond?

Thanks All

03/11/14 Received today from Santander notice that "the associated balance has been sold to Hoist Portfolio Holding 2 Ltd"
there is another letter with it From Hoist stating that Robinson Way are handling it and should be my point of contact.
It was 3 years from my last payment made in June 2008 before they finally defaulted me in 2011. No payments have been made since 2008 so statute barred is an argument I think. Also I never rocked the boat by trying to get the default date corrected at the Credit Ref agencies, could this be an opportunity to try as I presume the new creditor would have to register their interest at the Credit Agencies.

04/11/14 Statute Barred template sent to Hoist recorded/signed

05/11/14 received today a ""Transaction Summary Statement from Santander showing "Transfer to Debt Purchaser" of full amount on 09/08/14.

Also a second letter from R Way dated 01/11/14 saying "Your account details have been passed to us for collection....we want to help you clear your balance as we have with hundred of thousands of other customers....an affordable and flexible payment arrangement...call to discuss

05/11/14 refer letter sent to RW with reference to the SB letter sent to Hoist on the 4th

03/01/15 Letter from RW dated 25/12/14 "Ref your recent request - please note we have not yet received a response from the original creditor....your account remains on hold temporarily whilst this is resolved"....

12/02/15 Letter from RW Please note that we have not yet received a response from the original creditor......Thank you for your patience.

18/03/15 Received from RW "thank you for your recent contact, in response our client has advised us that the last payment they received from you was on 18th April 2012, therefore this account is not statute barred. In the absence of any alternative dispute we unable to defer.....please complete enclosed final statement with your affordable proposal for payment

This is a bit odd as the default was registered in November 2011 and I know that no payment has been made since June 2008 (I have the Santander sheets showing this from a previous SAR see 08/09/11). I think what has happened is that the payment they refer to is the credit back to the account by Santander after my complaint (see 10/04/12)

Any ideas on the next move?

Thanks for any input

**Deepie** · 18 March 2015, 12:36