Newbie needs advice please Cahoot Flexiloan

[bosdog]

Hi all
I hope this is in the right place, I am pretty new to forum procedures.

I have recently been hounded by Santander who have taken my flexiloan over . I stopped paying the loan in late 2007, stupidly I had taken the loan out to try to keep my ltd company trading, this did not work! recently Santander got threatening with default notices and so I sent them a CCA. This came back with t and cs and my signature and a date in 2004. It did not mention the loan amount.
Originally I had used the max of 10k which was available. Interest was ramped up and the loan is nearly 17k now. I am the home-keeper and my wife works. I do have a small part time job that generates £300pm. I have now received a full response to a SAR which seems to show everything in order imho.
I am worried sick now, waiting for this to default and the consequences this will have.
I also have had a default registered by lloyds for a current account amount of 4k (have complained about 3.5k of charges to the ombudsman, but got no-where.
Any help would be really appreciated.

Thank you.

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Another Question if anyone can help me please?
Lloyds have set Credit Security Ltd on me for outstanding overdraft. They wrote to me on 30/08/11 saying that I owe £4521 but if I pay £3164.87 that will be accepted as partial payment and my file will be amended. Dont have that amount and they have charged me that (which I have documented) in fees etc. They have written again on the 9th Sep and said unless they receive payment and a proposal by 23rd Sep they will prepare a claim in Aylesbury court for debt etc,!
Please, !! can someone give me some advice, please.

[Never-In-Doubt]

Re: Newbie needs advice please Cahoot Flexiloan

Hiya

Ok, first things first - stop worrying, a ccj isn't the end of the world and can, in some cases, settle things because the courts assess your finances and make the award to the creditor - this stops them taking the piss asking for way too much each month.

However, we don't sit back and let people issue CCJ's here, that's just not us. So, can you please see my signature and click the link (email cca) and email me a copy of the cca you received. As for the overdraft, this is (to an extent) exempt from the CCA in so much that you cannot consider unenforceability, BUT you can reclaim all charges so have you sent in a SAR for the bank account so you can tally all the amounts of charges?

If not, do it - if so then get a reclaim sent in. Links are below.

Back to the agreement regards the loan, please send me a copy of everything they sent you in relation to the agreement so that means the cover letter and the agreement and terms.

1. Subject Access (SAR) - Advanced Request
2. Reclaim Bank Charges - forum thread
3. UPDATED - Reclaiming Charges, PPi Unfair Fees - allaboutFORUMS

[Never-In-Doubt]

Re: Newbie needs advice please Cahoot Flexiloan

Ive seen the cahoot terms, but it is the actual cover letter and agreement that matter here not the 500 pages of terms. Please email that - also, you need to look to set up a diary, as per my email to you 5 mins ago mate

allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First!

[CleverClogs (RIP)]

Re: Newbie needs advice please Cahoot Flexiloan

However, we don't sit back and let people issue CCJ's here, that's just not us.

I expect that the Lord Chancellor's Dept might also object to such usurpation of the courts.

[Never-In-Doubt]

Re: Newbie needs advice please Cahoot Flexiloan

This Cahoot account is enforceable i'm afraid...

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Thanks Niddy
I thought it would be!
Do I go back and try and do a repayment deal or would it be easier to default and try with the DCA?
Thanks in advance
Bos

[Never-In-Doubt]

Re: Newbie needs advice please Cahoot Flexiloan

Thanks Niddy
I thought it would be!
Do I go back and try and do a repayment deal or would it be easier to default and try with the DCA?
Thanks in advance
Bos

If you can afford to try and make an offer then yea, no harm - but if you cannot settle to close it, then a small monthly repayment plan direct may be best - or blag it and see how far they want to push things?

Up to you mate.....

[BBoo]

Re: Newbie needs advice please Cahoot Flexiloan

Bosdog,
If it's enforceable, then clearly you need to seen to be making some effort to pay it. Have you ever had an independent person complete a Common Financial Statement for you? If your disposable income is low (or possibly non-existant) then a CFS carries a lot of weight in terms of getting your creditor to accept your proposal.

If you pm Niddy, I'm sure he'd be able to put you in touch with someone who'd be able to help with putting your offer together.

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Hi all
Just thought I would update and see what views, opinions anyone may have.

I hope that I am still posting this in the right place?

Santander/Cahoot Flexiloan from 2004.

I received a letter from Santander collections in early October 2011, this stated that I was being served notice of their intention to register default of this loan with cra's and suggested it would be in my interest to call to discuss repayment options.

As Niddy has stated that this is likely to be enforceable I decided to call their dept. I was put through to an individual who said he was "one of the people who handles the remaining cahoot flex loan accounts" ( I have a record of his name )
During the conversation he stated that the loan " should have defaulted much earlier and that he would talk to a line manager to re-work what the amount standing is"
He then suggested that " I should ring back in a few weeks and that no further interest would be added or action taken whilst the account was in dispute"

Next came a letter from Santader ( early December 2011 ) stating they were referring the account to Westcot who would now be manging my account.

I wrote back direct to Santander stating my dissapointment with the referal to Westcot and referring to the phone conversation with them with regards to their employee stating clearly to me that something was not right with their records. I also explained that I believed unfair interest had been charged which inturn had made it impossible for me to manage the loan. My letter was headed ACCOUNT IN DISPUTE.

I got a response from Santander late December to this saying it would be investigated.

8 days later I got a letter from Nelson Guest claiming they had been instructed by westcot, acting on behalf of Santader with an "offer to reduce the amount payable on your debt" and that I should contact Westcot to discuss.

A few days ago I got 2 letters addressed on the same day

One from Santander, "we are still investigating your complaint and it has now been four weeks since you contacted us" "if we are unable to conclude...........we will write again in four weeks"

The other one is from Nelson Guest

"unless payment is made to Westcot Credit Services within 7 days of the date of this letter, legal proceedings for the recovery thereof may be commenced without further notice"

Have I any options please?

Thanks in anticipation

[PlanB]

Re: Newbie needs advice please Cahoot Flexiloan

I can't help you but Oscar posted a thread on this same topic and got a refund of over £3k from Santander after one email to the CEO I can't do links (sorry) but it started on 8th November 2011 and was called Cahoot Flexi Loans. A mod can do this if you ask nicely

I don't want to raise your expectations because your situation may be entirely different, but the CEO's email address will still be the same

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Thanks Plan B
I will have a look.

[PlanB]

Re: Newbie needs advice please Cahoot Flexiloan

Thanks Plan B
I will have a look.

Or you can wait for one of the mods to come along and provide the link on Room Service

[PlanB]

Re: Newbie needs advice please Cahoot Flexiloan

Oscar's Cahoot Flexi loans linky



p.s. I want my tip for the Room Service!

Thank you for doing that FP

Here's my tip: always check the person is solvent before providing the service because PlanB is skint

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Hi all
I am trying to establish if I need to respond to Nelson & Co within the seven days and if so, with what? I am presuming that as Santander are investigating my dispute/complaint that Nelson's would be in the wrong to instigate proceedings? Or am I wrong here?
Having been told on the phone by one of Santander's employee's that their outstanding amount is wrong ( and if so they have defaulted me at that incorrect amount ) I would like to establish the true figure and if any unfair charges have been made, have them refunded before I attempt to come to a settlement agreement.
Thanks for listening