Newbie needs advice please Cahoot Flexiloan

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Thanks Mrs D for your comments, really appreciated
So to be clear, you do not think I should involve FOS? (i only have a short time left to do so before the 6 months is up)
Cheers
Bos

[Never-In-Doubt]

Re: Newbie needs advice please Cahoot Flexiloan

I wouldn't involve the fos as really, you're only likely to get a wee bit of compo whereas right now you're not paying the debt back, so you're technically better off just sitting tight.

If they've now rectified the default date etc then the fos could only award a small payment in respect of the hassle you may have been caused. If it was me, I'd just continue with the UE route

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Hiya Niddy
Thanks for the reply
Just to be clear, they have not changed the default date, this is still showing 2011 at the CRA. They have changed the amount after admitting that they did not contact me after 2008 until 2011 and during that time they had added about 6k in charges. These they removed and changed the CRA amount o/s to show. If they had defaulted me in 2008 I would be a lot nearer to the 6 years.
Hope this makes sense
As ever, thank you
Bos

[Never-In-Doubt]

Re: Newbie needs advice please Cahoot Flexiloan

Hiya Niddy
Thanks for the reply
Just to be clear, they have not changed the default date, this is still showing 2011 at the CRA. They have changed the amount after admitting that they did not contact me after 2008 until 2011 and during that time they had added about 6k in charges. These they removed and changed the CRA amount o/s to show. If they had defaulted me in 2008 I would be a lot nearer to the 6 years.
Hope this makes sense
As ever, thank you
Bos

sorry my error, yes then complete a FOS & ICO complaint asap...... If you get stuck give us a shout.

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Hi Niddy, Thanks matey
What would your key points be?

Bos

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

UPDATE 10/10/12
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 and showing 10k os
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

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 Account in dispute due to phone conversation of 14/10 and that unfair interest had been applied to account

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 have now agreed 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 experian. 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!

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 Receive from MC "we acknowledge correspondence.......your account on hold whilst we investigate the matter with our client......."

10/10/12 Called FOS and logged the complaint as per Niddy's instructions that "i believed that the default should have been much sooner than at the end of 2011 due to no payments made from June 2008", they say it could take up to 12 months to investigate

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Hi All
I was wondering if anyone could advise/help with my FOS complaint form?
I recently contacted FOS to register a complaint with regards to the time it took the lender to register a default (3.5 years from last payment) and also wonder if there is any point in mentioning that the default figure registered was later adjusted with the cra to show a different amount.
( I wrote to the lender to complain and eventually they reduced interest charges by 6k) They have admitted that they did not contact me for over three years and had told me that they would take no action whilst my complaint was investigated, however, during that period I received the default. If the amount they had told me I needed to pay to stop the default from being registered had been less the 6k then I may have been able to look at other options to settle.
I am looking at the form they have sent and really do not know what to say and how to say it?
Is there a template I may be able to use?
Thank you to anyone that can help
Bos

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

Anyone Please?

[Never-In-Doubt]

Re: Newbie needs advice please Cahoot Flexiloan

I lost this with my HSBC / FOS complaint. The FOS avoid default notices and the oft/ico guidance surrounding the correct procedure. You'd need to formally complain to the lender then try the ICO. The FOS are no good here as its a DPA issue.

The guidance is here --> http://www.ico.gov.uk/~/media/docume...%20%20doc.ashx

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

sorry my error, yes then complete a FOS & ICO complaint asap...... If you get stuck give us a shout.

OK will do Niddy, thank-you
Btw, I am a bit confused as I thought that you had recommended that I went to Fos?

Bos

[Never-In-Doubt]

Re: Newbie needs advice please Cahoot Flexiloan

Sorry my bad. I meant ico if I did say FOS

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

No Probs
Thanks for all the help Niddy

Bos

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

UPDATE 26/11/12


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 and showing 10k os
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

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 Account in dispute due to phone conversation of 14/10 and that unfair interest had been applied to account

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 have now agreed 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 experian. 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!

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?

Does anyone have any experience of them?

Cheers to all

[bosdog]

Re: Newbie needs advice please Cahoot Flexiloan

05/12/12 UPDATE
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 and showing 10k os
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

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 Account in dispute due to phone conversation of 14/10 and that unfair interest had been applied to account

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 have now agreed 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 experian. 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!

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"
Ignore or send In Dispute letter?
Thanks in anticipation for any advice

[ScabHunter]

Re: Newbie needs advice please Cahoot Flexiloan

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"
Ignore or send In Dispute letter?
Thanks in anticipation for any advice

If this is the first actual contact from the so-called "agent", and not just the notice of assignment, I would send the sold in dispute letter.

Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

SH

PS Hilarity are useless. In my case, I only sent them one letter and they disappeared completely. They sent back a reply saying they would "investigate and respond in due course", but they didn't. The next thing I received was another NoA assigning the alleged debt elsewhere!