FiscalFool's UE Diary

[Never-In-Doubt]

Re: FiscalFool's UE Diary

PaydayUK.

I called them, and it was because there was no phone number on record.

could do with the dosh for a month or so!

Can't you just roll it over then? They allow that usually....

Have you now got the account reinstated? Log in and click the link to rollover the payment.

[LooLoo]

Re: FiscalFool's UE Diary

Hey FF lovely to see you - hope you can sort out the pay day loan thingy!

[fiscalfool]

Re: FiscalFool's UE Diary

Can't you just roll it over then? They allow that usually....

Have you now got the account reinstated? Log in and click the link to rollover the payment.

ah well I repaid it at the start of the month. But have been hemorrhaging cash this month on the car tyres, fuel etc!

I've worked out that I'll need to borrow the cash for a couple of months, and by then will be on the straight and narrow. Able to start saving a bit each month.

Spoke to them yesterday and they took details of new home number and mobile number and were due to call me back ... but didn't.

I'll give them a prod to get them to confirm the numbers. Then I can proceed with the loan.

It costs a bloody fortune in interest, but it's infinitely better than asking the 'rents to get involved.

My other issue is that they have my old address, so really don't want to be in the situation where they have my new address. As I don't want them to report the link to the CRA's!

[fiscalfool]

Re: FiscalFool's UE Diary

Hey FF lovely to see you - hope you can sort out the pay day loan thingy!

Hi LooLoo, hope you are well.

Fingers crossed I can sort them out. It's expensive, but convenient. But on a recovery road to not needing to use them.

[Never-In-Doubt]

Re: FiscalFool's UE Diary

My other issue is that they have my old address, so really don't want to be in the situation where they have my new address. As I don't want them to report the link to the CRA's!

PD|UK use and share data with Experian mate.....

[fiscalfool]

Re: FiscalFool's UE Diary

PD|UK use and share data with Experian mate.....

That's what I mean. They've got my old address ... but not my new one!

They've got my new number ... but it's no biggie. I have callerID and never answer unknown numbers.

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Santander - Personal Finance - Car

Type of account (credit card/loan) = Personal Finance Loan
Date commenced (ideally before Apr 2007) = March 2009
Approx balance = £15k, Redemption Figure of £13k
Date last paid (approximate date you last made a FULL payment) = February 2011
Are you on arrangement or not paying = No, Paying full payment each month
Status (default/in arrears/up-to-date) = Up to date
Account owner (who is writing to you, a DCA or the lender) = Santander

28/01/2011 Ready!
01/02/2011 CCA Request sent, 1st Class Recorded with Postal Order stapled inside.
17/02/2011 CCA Request Received, dated 16th Feb and sent back via Recorded post. Signed for it Uploaded for Niddy!
22/02/2011 Niddy says:
22/02/2011 Niddy suggested not making token payments until they default me.
25/03/2011 Been receiving a slew of letters to set-up my direct debit. Telling me that I am in Default, but not issued Default YET! Holding on tight and just ignoring them!
26/03/2011 DEFAULT Recevied in Post - Dated 16th March. Did they leave it on the side for two weeks before posting!?!
19/04/2011 External Collection Action Notice - Recevied in Post - Dated 14th April. Received between 18-20th April while I was away on business. - Uploaded
19/04/2011 TERMINATION Notice - Recevied in Post - Letter Undated. Received between 18-20th April while I was away on business. - Uploaded
21/04/2011 48 Hour Notice - Recevied in Post from "CodeRED" Collections - Letter Dated 17th April. Uploaded
28/04/2011 Uploading Finance Agreement for Niddy to review!
28/04/2011 Niddy said "Bl**dy hell - This is more complicated than thought. Seek advice from my colleague <name omitted>
13/05/2011 Letter - Recevied in Post from "CodeRED" Collections - Letter Dated 24th April. (seems it takes them a week to process their post! Uploaded

Letter uploaded.

Also sent a nudge to Paul.

[fiscalfool]

Re: FiscalFool's UE Diary

Ok I spoke to Paul yesterday evening. What a very nice chap he is.

Paul felt that the agreement seemed fine, and was enforceable. However he wishes to see a copy of the Default Notice to check that it has been served correctly. So I shall scan and mail a copy of that over to him. I'll also upload it within the upload section, just for continuity.

Paul stated that Santander had no legal right to have a financial interest in my vehicle and that I had to send them a strongly worded letter asking them to remove it.

This morning I have also received a letter from CodeRED (Santander's own DCA), telling me that they have failed to contact me and that they will refer back to Santander for legal action.

What irks me about CodeRED is that their letters are always dated 10 days prior to the post date. Dated 28th April 2011, and postmark shows 12th May 2011.

Paul's general advice was that no letter should ever be ignored, and I must always reply, and build up a correspondence file, in case on is ever needed.

He also advised me that nothing is actually UE until it is proven in court ... which makes sense.

He then advised that just because a bank fails to respond to a S78, one should not cease paying. In fact he then went on to say that I should continue to make payments for all of them, since being in dispute does not warrant failing to pay.

Lastly he said that once a DEFAULT is issued, I should then apply for a "Time Order".

....


I'm now happy to proceed with chasing Santander for the Finance Marker to be removed. But unsure of how to proceed with responding to CodeRED's latest letter. Nor sure whether I should be making token payments, seeking Time Order's or just rebutting them with letters.

Nid !?

[Never-In-Doubt]

Re: FiscalFool's UE Diary

Ok I spoke to Paul yesterday evening. What a very nice chap he is.

Paul felt that the agreement seemed fine, and was enforceable.

Glad to see that we agree on these things as I said it was EN as well (as far as I recall)........

[Never-In-Doubt]

Re: FiscalFool's UE Diary

Paul stated that Santander had no legal right to have a financial interest in my vehicle and that I had to send them a strongly worded letter asking them to remove it.

I agree this is what I always maintained, i.e. it was never a finance agreement against a car; it was a simple unsecured loan.

This morning I have also received a letter from CodeRED (Santander's own DCA), telling me that they have failed to contact me and that they will refer back to Santander for legal action.

Have you spoke to Paul about this? May be worth running it past him being he's so involved just now....

What irks me about CodeRED is that their letters are always dated 10 days prior to the post date. Dated 28th April 2011, and postmark shows 12th May 2011.

Again, this is something you can argue when you write to Santander - that their DCA is using unfair tactics by giving you unrealistic deadlines, plus they have to give you time to respond, so they are messing up here..... a complaint to the MoJ/FOS wouldn't go amiss either (specifically about the delay in letters coupled with the deadline against which they set you to rectify things)...

Paul's general advice was that no letter should ever be ignored, and I must always reply, and build up a correspondence file, in case on is ever needed.

I disagree, but Paul will be speaking from a legal perspective - sometimes when you're going round and round in circles, or you blag it, then you need to ignore certain letters - obviously anything important you should never ignore.

He also advised me that nothing is actually UE until it is proven in court ... which makes sense.

Agreed, I always say that even though I say it's UE, doesn't stop anything - only a court can rule an agreement irredeemably unenforceable.

He then advised that just because a bank fails to respond to a S78, one should not cease paying. In fact he then went on to say that I should continue to make payments for all of them, since being in dispute does not warrant failing to pay.

I disagree, if you believe that the agreement is UE then you need to stop paying. Remember Paul has to give you proper and sound advice from a legal perspective, I do not - I advise what is the best thing to do, he cannot (in his professional capacity) ask you to cease repayments, otherwise you could turn that on him/his legal firm if things went against you.

Please, keep the info from Paul or other legal reps separate to the main forums as this is confusion that we can do without.

Paul is a legal rep and therefore tells you the legal aspect of things. I am offering advice based on the laws surrounding the particular problem. Of course we would all pay, if we could afford, however why do you think we're so busy? Cos people simply cannot afford to repay their debts!

Lastly he said that once a DEFAULT is issued, I should then apply for a "Time Order".

Agreed.

I'm now happy to proceed with chasing Santander for the Finance Marker to be removed. But unsure of how to proceed with responding to CodeRED's latest letter. Nor sure whether I should be making token payments, seeking Time Order's or just rebutting them with letters.

As it is enforceable and such, you may be better off coming to some agreement, ideally with the DCA (if there is one) as santander will continue to add extortionate interest charges.

Nid !?

Yes?........

[fiscalfool]

Re: FiscalFool's UE Diary

I agree this is what I always maintained, i.e. it was never a finance agreement against a car; it was a simple unsecured loan.

Well I just bit the bullet and spoke to Santander. They were initially saying "Where's our money?" ... so I said "I cannot offer you any money as I have huge financial problems. I'm hoping to sell the car to help service some of my debts. However you have a finance marker on there!". She went off and checked. She said "Ive spoken to Customer Services, who have told me that they can remove it when your arrears are settled!". I replied with "Im sorry but you have admitted you don't have a financial interest in the vehicle, what you are doing is illegal, and stopping me from exercising my lawful right. I have sought advice from a solicitor on this. Please ensure it is removed TODAY, or I shall be sending a terse email to your CEO for questionable legal practices!". she put me on hold and I was transferred to a Senior Customer Care advisor, who said "Hi Mr Fool, I hear you are looking to sell the vehicle and would like the finance marker removed?". I said "Yes.", to which she replied "OK, I'll do that now for you!". She then went on to say "Have you made an agreement with collections team to start repaying the debt?". That was it !!!

RESULT!!! Now to sell the car at an extortionate loss!

Have you spoke to Paul about this? May be worth running it past him being he's so involved just now....

I've just sent him the letter and the original default letter. I've now spoken to Santander, who have put a note on the system, but said they need to have an arrangement to pay before they cease action.

Again, this is something you can argue when you write to Santander - that their DCA is using unfair tactics by giving you unrealistic deadlines, plus they have to give you time to respond, so they are messing up here..... a complaint to the MoJ/FOS wouldn't go amiss either (specifically about the delay in letters coupled with the deadline against which they set you to rectify things)...

Interestingly Santander were just as bad with their Default notice, dated 16th March, but arrived 26th March! I shall be writing to them from now on, just to keep a documentation set.

I disagree, but Paul will be speaking from a legal perspective - sometimes when you're going round and round in circles, or you blag it, then you need to ignore certain letters - obviously anything important you should never ignore.

Very true. With regards to CodeRED & Santander, I was waiting for input before arranging to pay ... since it was futile to pay if they were in the wrong.

Agreed, I always say that even though I say it's UE, doesn't stop anything - only a court can rule an agreement irredeemably unenforceable.

Until then we keep them going in circles and hope for 6 years and statute barred!

I disagree, if you believe that the agreement is UE then you need to stop paying. Remember Paul has to give you proper and sound advice from a legal perspective, I do not - I advise what is the best thing to do, he cannot (in his professional capacity) ask you to cease repayments, otherwise you could turn that on him/his legal firm if things went against you.

Please, keep the info from Paul or other legal reps separate to the main forums as this is confusion that we can do without.

Paul is a legal rep and therefore tells you the legal aspect of things. I am offering advice based on the laws surrounding the particular problem. Of course we would all pay, if we could afford, however why do you think we're so busy? Cos people simply cannot afford to repay their debts!

Thanks for clarification.
Sorry for causing confusion by posting his advice on here I thought it worthwhile to get clarification on stance, as Im sure others may do too.

Agreed.

Ok, so do I need a Time Order for this, if I have an arrangement to pay them?

As it is enforceable and such, you may be better off coming to some agreement, ideally with the DCA (if there is one) as santander will continue to add extortionate interest charges.

Ok, the DCA is a Santander division called CodeRED ... so I'll just have to agree to pay them and ask them to freeze interest. Might be interesting, as they didn't with my cahoot loan (which is now thought to be UE).

Yes?........

Thank you

[Never-In-Doubt]

Re: FiscalFool's UE Diary

Have a read here ---> http://forums.all-about-debt.co.uk/showthread.php?t=450

Utilise the general debt templates for freezing interest etc.....

[fiscalfool]

Re: FiscalFool's UE Diary

Ok had a couple of letters, first one from Santander telling me they were handing it over to a debt collection company. So much for them promising they would put a note on my account and it wouldn't!

Debt collection company are:
1) Telling me I need to respond in 48 hours! <-Tough, I've made them wait a week.
2) Telling me I need to call them. <- Nah I'll email instead!
3) Telling me they will send an agent to home or work. <- Think I'll be telling them not to send anyone, and that if they send someone to work, I will sue for harassment.
4) Suggesting I surrender the car <- I think they need to be advised that Santander have no financial interest in the car, and they can "Foxtrot Oscar!".

I think I'll compose a letter with the "no visits", and "sold under dispute" letters mixed together!

[Never-In-Doubt]

Re: FiscalFool's UE Diary

Ok had a couple of letters, first one from Santander telling me they were handing it over to a debt collection company. So much for them promising they would put a note on my account and it wouldn't!

Debt collection company are:
1) Telling me I need to respond in 48 hours! <-Tough, I've made them wait a week.
2) Telling me I need to call them. <- Nah I'll email instead!
3) Telling me they will send an agent to home or work. <- Think I'll be telling them not to send anyone, and that if they send someone to work, I will sue for harassment.
4) Suggesting I surrender the car <- I think they need to be advised that Santander have no financial interest in the car, and they can "Foxtrot Oscar!".

I think I'll compose a letter with the "no visits", and "sold under dispute" letters mixed together!

Why do your own template? There is one here, i'd send that as it covers most things: ---> Final Response (No CCA) & Refusal of Doorstep Visit

[fiscalfool]

Re: FiscalFool's UE Diary

Ah because it is enforceable.

I just want the DCA to understand that I'd been in discussions with Santander, and that I don't want doorstep visitors. (Not that they have the correct address anyway!)