Hopeful's UE Diary

[DoTheyMeanMe]

Re: Hopeful's UE Diary

06/03/2013 - Just been looking at my old credit reference file (dated March 2012). This account was defaulted by Egg on 31/07/2010 & assigned to Apex in November 2010. Apex have defaulted the loan again on 17/03/2011. Can they do this? I presume this is pushing back my '6 years' for this account?

In simple terms, one debt = one default = one date. The default date has nothing to do with the SB clock - a debt can become SB without being defaulted.

I am arguing incorrect DN dates with NatWest. My first complaint was brushed away. I have written to the Data Controller today. It looks like I will be involving the ICO soon.

I am heading all my letters 'this letter does not constitute an admission of any debts to you".

[Hopeful]

Re: Hopeful's UE Diary

are you paying this Hopeful?

If you are and have therefore admitted the debt you could go ahead and complain, one default per account, however if you are still pursuing UE I wouldn't be arguing at the moment, wait until it is SB

Not paid anything on this debt for 2 years. Still pursuing the UE route. Not getting any hassle from Apex at present.

[Hopeful]

Re: Hopeful's UE Diary

Another point. When Egg originally defaulted this account, I did not receive a default notice. I am presuming that Egg had sent the notice to my previous address, which I had left over 10 years earlier. Although I informed Egg in May 2000 that I had changed address, they carried on sending documentation to the old address. I even made a complaint to Egg in December 2006 relating to their incompetence. However, they continued to send letters to my previous address. Apex have sent me a copy of Egg's assignment letter, which also went to the previous address. Surely a document as important as a default notice should be sent to the correct address? Is there anything I can do about this?

In relation to the above, If I have evidence that Egg posted the default notice to the wrong address, would that not make the agreement unenforceable?

[Undercover Elsa]

Re: Hopeful's UE Diary

If you could prove it in court after a claim was issued it would help, but it's not something you can argue with them beforehand as it's easily remedied.

Regarding the different default dates, that's something to leave well alone until after Statute Barred date, as MrsD says. Then complain.

Elsa x

[Hopeful]

Re: Hopeful's UE Diary

If you could prove it in court after a claim was issued it would help, but it's not something you can argue with them beforehand as it's easily remedied.

Regarding the different default dates, that's something to leave well alone until after Statute Barred date, as MrsD says. Then complain.

Elsa x

Thanks for that Elsa & to MrsD for previous post. I'll leave this alone till statute barred , unless Apex decide to take me to court .

[Hopeful]

Re: Hopeful's UE Diary

Overdraft - Cahoot (santander)

Type of account – Overdraft
Date commenced - August 2000
Approx balance - £4,199
Date last paid – September 2011
Are you on arrangement or not paying – Not Paying
Status - Default
Account owner – Moorcroft acting as DCA - Not assigned as far as I can make out

11/02/2010 - Spoke to CCCS regarding my credit problems. They advised me to offer token payments of £1 per month on all my unsecured accounts
02/2010 - CCCS template letter to Cahoot asking them to accept token payments of £1 per month to reduce balance
24/02/2010 - Letter from Cahoot - unable to accept my offer
24/03/2010 - Further letter to Cahoot asking them to reconsider my offer
31/03/2010 - Letter from Cahoot - asking me to call them regarding my previous letter
06/04/2010 - Spoke to Cahoot - they confirmed token payments were unacceptable as any request would have to come directly from a third party debt counsellor rather than a template letter from me
06/04/2010 - Further letter to Cahoot asking them to reconsider my offer, as other creditors had accepted CCCS template letters. Asked for response in writing
27/04/2010 - Complaint to Cahoot quoting Lending Code (paragraphs relating to lenders accepting information information provided by credit counsellors etc.)
05/05/2010 - Letter from Santander/Cahoot - Confirming receipt of my complaint letter
13/05/2010 - Letter from Santander/Cahoot - Confirming payment plan was unacceptable, but that interest & fees would be suspended!!
28/05/2010 - Further letter to Santander/Cahoot asking them stop interest & charges ASAP and refund the same to February 2010
03/06/2010 - Letter from Santander/Cahoot - Sorry to hear they have not been able to resolve my complaint in a timely & satisfactory manner
10/06/2010 - Final response from Santander/Cahoot - they feel no further action is required & cannot agree with my request
06/07/2010 - Complaint to FOS
29/11/2010 - Letter from FOS confirming my complaint has been upheld & that Santander should suspend all interest & charges & refund all charges incurred from 11th February 2010 plus pay me £150 compensation!!
30/11/2010 - Reply to FOS, confirming acceptance of offer
05/01/2011 - Default Notice from Cahoot
07/01/2011 - Letter to FOS, confirming Santander had still not made settlement
01/2011 - Telephone call from FOS adjudicator saying he'd spoken to Santander & they'd assured him that the settlement would be actioned
07/03/2011 - Second Default Notice from Cahoot
08/03/2011 - Notice of intention to register default information, from Cahoot

Things are a little blurred up until recently. Unfortunately in January 2011, my mum was diagnosed with terminal cancer & everything else was put on the back burner. She died at the end of February 2011. I'd continued to receive the usual overdrawn balance letters from Cahoot & DMRS (Santander's in-house DCA) whilst ever my complaint was ongoing. Didn't hear anything from Cahoot/Santander until:

26/02/2013 - Letter from Santander informing me that they'll be referring my account to Moorcroft
04/03/2013 - Letter from Moorcroft asking me to contact them within 7 days with full payment or an offer of payment
15/03/2013 - Further letter from Moorcroft asking me to send payment in full before 22nd March or to call them immediately. They say if I don't contact them they may recommend to their client that they consider 'possible further debt recovery action'

Although the FOS upheld my complaint, Santander seem to have 'forgotten' to make the correct settlement to me. Although they did refund some of my charges & interest in October 2010, this was not backdated to February 2010 as the FOS had adjudicated. I reckon there's a further £220 in interest & charges plus the £150 compensation that wasn't credited to my account.

I appreciate that this is an overdraft & as such, we have little protection under the Consumer Credit Act. However, can a creditor take the p**s, as Santander have done? Should they have gone ahead & defaulted the account as they did, bearing in mind that if they'd made the correct settlement the balance at default would have been around £370 less than it was? Can they default an account if it's obviously in dispute? It would be nice if someone could give me any advice as to what I should do next. I also have a Cahoot credit card & flexible loan that the FOS adjudication referred to. I'll get these added to my diary as soon as I've got the time.

[Hopeful]

Re: Hopeful's UE Diary

Overdraft - Cahoot (santander)

It would be nice if someone could give me any advice as to what I should do next.

Should I send a copy of Niddy's CCA request letter to Moorcroft as a stalling tactic?

[ScabHunter]

Re: Hopeful's UE Diary

If a bank has failed to comply with a Fobbing Off Service adjudication, you need to be raising the matter with both the bank and the FOS.

Should I send a copy of Niddy's CCA request letter to Moorcroft as a stalling tactic?

With Moroncrap, it really doesn't matter whether you send a page from the Bible, the Beano, or one of those perforated sheets with “Now Wash Your Hands” on them. The letter you suggest is a useful retort, though.

SH

[Hopeful]

Re: Hopeful's UE Diary

If a bank has failed to comply with a Fobbing Off Service adjudication, you need to be raising the matter with both the bank and the FOS.

SH

Thanks for that ScabHunter. If Santander have defaulted my accounts after the FOS's adjudication and not refunded interest & charges or credited any of my accounts with the £150 compensation, could that render the accounts unenforcable?

[ScabHunter]

Re: Hopeful's UE Diary

Thanks for that ScabHunter. If Santander have defaulted my accounts after the FOS's adjudication and not refunded interest & charges or credited any of my accounts with the £150 compensation, could that render the accounts unenforcable?

I don't think it is a matter of rendering anything unenforceable. Unenforceability relates solely to the relevant legislation, that is, sections of the Consumer Credit Act 1974, and not to Fobbing Off Service adjudications.

They are two entirely separate issues. I would send that overdraft CCA letter to Moroncrap, but if a Fobbing Off Service adjudication is not being complied with, it needs to be raised with the bank and the FOS.

SH

[Never-In-Doubt]

Re: Hopeful's UE Diary

Thanks for that ScabHunter. If Santander have defaulted my accounts after the FOS's adjudication and not refunded interest & charges or credited any of my accounts with the £150 compensation, could that render the accounts unenforcable?

No!

You just go back to the FOS and they will chase it for you - email your caseworker at FOS

[Hopeful]

Re: Hopeful's UE Diary

Many thanks to ScabHunter & Niddy. Will contact FOS & send Niddy's overdraft CCA letter to Moorcroft.

[Hopeful]

Re: Hopeful's UE Diary

Update - Overdraft - Cahoot (santander)

Type of account – Overdraft
Date commenced - August 2000
Approx balance - £4,199
Date last paid – September 2011
Are you on arrangement or not paying – Not Paying
Status - Default
Account owner – Moorcroft acting as DCA - Not assigned as far as I can make out

11/02/2010 - Spoke to CCCS regarding my credit problems. They advised me to offer token payments of £1 per month on all my unsecured accounts
**/02/2010 - CCCS template letter to Cahoot asking them to accept token payments of £1 per month to reduce balance
24/02/2010 - Letter from Cahoot - unable to accept my offer
24/03/2010 - Further letter to Cahoot asking them to reconsider my offer
31/03/2010 - Letter from Cahoot - asking me to call them regarding my previous letter
06/04/2010 - Spoke to Cahoot - they confirmed token payments were unacceptable as any request would have to come directly from a third party debt counsellor rather than a template letter from me
06/04/2010 - Further letter to Cahoot asking them to reconsider my offer, as other creditors had accepted CCCS template letters. Asked for response in writing
27/04/2010 - Complaint to Cahoot quoting Lending Code (paragraphs relating to lenders accepting information information provided by credit counsellors etc.)
05/05/2010 - Letter from Santander/Cahoot - Confirming receipt of my complaint letter
13/05/2010 - Letter from Santander/Cahoot - Confirming payment plan was unacceptable, but that interest & fees would be suspended!!
28/05/2010 - Further letter to Santander/Cahoot asking them stop interest & charges ASAP and refund the same to February 2010
03/06/2010 - Letter from Santander/Cahoot - Sorry to hear they have not been able to resolve my complaint in a timely & satisfactory manner
10/06/2010 - Final response from Santander/Cahoot - they feel no further action is required & cannot agree with my request
06/07/2010 - Complaint to FOS
29/11/2010 - Letter from FOS confirming my complaint has been upheld & that Santander should suspend all interest & charges & refund all charges incurred from 11th February 2010 plus pay me £150 compensation!!
30/11/2010 - Reply to FOS, confirming acceptance of offer
05/01/2011 - Default Notice from Cahoot
07/01/2011 - Letter to FOS, confirming Santander had still not made settlement
**/01/2011 - Telephone call from FOS adjudicator saying he'd spoken to Santander & they'd assured him that the settlement would be actioned
07/03/2011 - Second Default Notice from Cahoot
08/03/2011 - Notice of intention to register default information, from Cahoot
26/02/2013 - Letter from Santander informing me that they'll be referring my account to Moorcroft
04/03/2013 - Letter from Moorcroft asking me to contact them within 7 days with full payment or an offer of payment
15/03/2013 - Further letter from Moorcroft asking me to send payment in full before 22nd March or to call them immediately. They say if I don't contact them they may recommend to their client that they consider 'possible further debt recovery action'
21/03/2013 - Letter to FOS advising them that Santander have failed to comply with the FOS's adjudication
22/03/2013 - Copy of Niddy's overdraft CCA request letter to Moorcroft

[Hopeful]

Re: Hopeful's UE Diary

Update - Overdraft - Cahoot (santander)

Type of account – Overdraft
Date commenced - August 2000
Approx balance - £4,199
Date last paid – September 2011
Are you on arrangement or not paying – Not Paying
Status - Default
Account owner – Moorcroft acting as DCA - Not assigned as far as I can make out

11/02/2010 - Spoke to CCCS regarding my credit problems. They advised me to offer token payments of £1 per month on all my unsecured accounts
**/02/2010 - CCCS template letter to Cahoot asking them to accept token payments of £1 per month to reduce balance
24/02/2010 - Letter from Cahoot - unable to accept my offer
24/03/2010 - Further letter to Cahoot asking them to reconsider my offer
31/03/2010 - Letter from Cahoot - asking me to call them regarding my previous letter
06/04/2010 - Spoke to Cahoot - they confirmed token payments were unacceptable as any request would have to come directly from a third party debt counsellor rather than a template letter from me
06/04/2010 - Further letter to Cahoot asking them to reconsider my offer, as other creditors had accepted CCCS template letters. Asked for response in writing
27/04/2010 - Complaint to Cahoot quoting Lending Code (paragraphs relating to lenders accepting information information provided by credit counsellors etc.)
05/05/2010 - Letter from Santander/Cahoot - Confirming receipt of my complaint letter
13/05/2010 - Letter from Santander/Cahoot - Confirming payment plan was unacceptable, but that interest & fees would be suspended!!
28/05/2010 - Further letter to Santander/Cahoot asking them stop interest & charges ASAP and refund the same to February 2010
03/06/2010 - Letter from Santander/Cahoot - Sorry to hear they have not been able to resolve my complaint in a timely & satisfactory manner
10/06/2010 - Final response from Santander/Cahoot - they feel no further action is required & cannot agree with my request
06/07/2010 - Complaint to FOS
29/11/2010 - Letter from FOS confirming my complaint has been upheld & that Santander should suspend all interest & charges & refund all charges incurred from 11th February 2010 plus pay me £150 compensation!!
30/11/2010 - Reply to FOS, confirming acceptance of offer
05/01/2011 - Default Notice from Cahoot
07/01/2011 - Letter to FOS, confirming Santander had still not made settlement
**/01/2011 - Telephone call from FOS adjudicator saying he'd spoken to Santander & they'd assured him that the settlement would be actioned
07/03/2011 - Second Default Notice from Cahoot
08/03/2011 - Notice of intention to register default information, from Cahoot
26/02/2013 - Letter from Santander informing me that they'll be referring my account to Moorcroft
04/03/2013 - Letter from Moorcroft asking me to contact them within 7 days with full payment or an offer of payment
15/03/2013 - Further letter from Moorcroft asking me to send payment in full before 22nd March or to call them immediately. They say if I don't contact them they may recommend to their client that they consider 'possible further debt recovery action'
21/03/2013 - Letter to FOS advising them that Santander have failed to comply with the FOS's adjudication
22/03/2013 - Copy of Niddy's overdraft CCA request letter to Moorcroft
27/03/2013 - Email from FOS confirming receipt of my complaint. They've contacted Santander who, 'needs to request the case papers from its archive store to be able to look in detail at what has happened - or not happened, as the case may be'. Won't hold my breath!!
30/03/2011 - Letter from Moorcroft requesting £1 fee. I know this is an overdraft & doesn't need £1 payment, but should I send it anyway to see what they come up with? Alternatively, should I state that the account is in dispute as Santander failed to comply with the FOS's adjudication prior to the account being defaulted?

[Pixie]

Re: Hopeful's UE Diary

Just shows how much Moorcroft know!

Maybe you can put a letter together combining both points?