GDPR Cookie Consent by SimpleServe Privacy Script How do I move on - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

How do I move on

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    Originally posted by Turquoise View Post
    Shall I send the terms and conditions sheets too?
    Yes - send the agreement plus all the T&Cs that you received from Santander

    Comment


    • #62
      Debt 3: Niddy has checked the CCA. It is illegible and could be UE.

      Comment


      • #63
        Debt 3: I'll continue with the token monthly payments, with a plan to offer F&F if it gets sold to a DCA.

        Comment


        • #64
          Originally posted by Turquoise View Post
          Debt 3: Niddy has checked the CCA. It is illegible and could be UE.

          Originally posted by Turquoise View Post
          Debt 3: I'll continue with the token monthly payments, with a plan to offer F&F if it gets sold to a DCA.

          If this Santander (originally Abbey) debt from 2009 is unenforceable why would you want to pay anyone for it?

          Di

          Comment


          • #65
            Diana Mayhew - I just said because she's paying Santander direct, it's £1/m and because there's no default etc that if it was me I'd just carry on.

            For no other reason than they've let her pay £1 monthly for 9 years so why rock the boat; I'd wait till they started getting arsey. But it's just me - I did say it's what I'd do.

            Plus it looks enforceable, just hard to read. So all in all I'd probably just leave it be. But you know me, I like an easy life nowadays lol

            If you'd like to take a look / advise a different path then great. I just thought it's only £1 and no default affecting credit rating etc. Thanks.
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • #66
              Originally posted by Never-In-Doubt View Post
              For no other reason than they've let her pay £1 monthly for 9 years so why rock the boat; I'd wait till they started getting arsey. But it's just me - I did say it's what I'd do.

              Plus it looks enforceable, just hard to read. So all in all I'd probably just leave it be. But you know me, I like an easy life nowadays lol

              If you'd like to take a look / advise a different path then great. I just thought it's only £1 and no default affecting credit rating etc. Thanks.

              Aah that makes sense.

              This £5k debt would take 416 years to clear at £1 per month

              If during that time Santander become threatening then the OP can always change tack.

              I'm all for an easy life too!

              Di

              Comment


              • #67
                Originally posted by Never-In-Doubt View Post
                they've let her pay £1 monthly for 9 years so why rock the boat; I'd wait till they started getting arsey.


                Or at least carry on paying until the debt is assigned to a debt purchaser.

                This post by Colin explains a possible reason why continuing with a token payment can be useful if the debt is subsequently sold on and the debt purchaser ever needs documentation from the original creditor, especially if that credit agreement which Santander has already produced is enforceable (i.e. the debt purchaser may not have access to that document) >



                Originally posted by Colin G Quinn View Post

                Debt purchasers do not warehouse account documentation and the amount of people who do not choose to dispute an account, assignment or Claim, versus the small amount who do, means original creditors and assignees/debt purchasers do not exchange account documents at the point of assignment for 'economical' purposes. At least economical purposes from their point of view.

                Purchasing parties are usually obliged to report the status of accounts to the original creditors, say on a monthly or quarterly basis for instance. That way the original creditor can monitor which accounts they have sold are performing. It also allows them to understand if any accounts they have assigned are in dispute and, if so, if there is any risk to reputation for them.

                Furthermore, many original creditors won't release documents to even the party who has purchased the account, unless the account is in dispute and there is a valid reason for doing so from their point of view, i.e. a defence or application to set aside a Judgment received by the assignee.

                I imagine that because you are/were paying StepChange, you account was being reported as a 'performing' account and for that reason the assignee won't be able to request documents from the original creditor upon receipt of your CCA request, or that any such request for documents would likely be ignored or at the very least treated as non-urgent. Which it is of course to the assignee who has 12 working days to comply with the request before falling into breach of Section 77/78 of the CCA.
                Di



                Comment


                • #68
                  Robinson Way have also now mailed the CCA to me and said that I can continue paying as before. That's good as it's only £1 a month but I'm surprised they're not asking for more as it looks to be enforcible.
                  They have also sent a list of transactions on the account prior to the default. It was a difficult time in my life and I haven't looked back at the transactions until now. I was shocked to see that Santander continued to charge interest and charges for 18 months after my last purchase on the card and before I defaulted. I paid £1700 to them in that period but the total owed stayed about the same. I spent about about 3300, paid back about 1800, and still the final balance was 4700. I know that's how credit cards work, but is it possible to negotiate any of the interest down?

                  Comment


                  • #69
                    that's why they are happy for ou to pay £1, but don't rock the boat yet. xx
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #70
                      So I think I've done all I can for the time being. I've stopped the monthly payments on debts 1 and 2 (Cabot) as they are currently unenforceable.

                      For debt 3 I'll carry on with £1 per month. Should I do this indefinitely (given that it's already been 9 years)?

                      Comment


                      • #71
                        Yes carry on indefinitely as I suggested, until such point it gets fully assigned to a DCA or they start to threaten you; then let us know.
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #72
                          Originally posted by Turquoise View Post
                          I've stopped the monthly payments on debts 1 and 2 (Cabot) as they are currently unenforceable.

                          For debt 3 I'll carry on with £1 per month.

                          Can you always update the history in your original posts for each of your debts so it's easy for members to see before making suggestions. Ideally re-quote the post with any question you may have when any new letters arrive.

                          It will make your life easier too

                          Also can you clarify whether you've now cancelled your StepChange DMP (my apologies for not reading back through your whole thread).

                          Di

                          Comment


                          • #73
                            Originally posted by Turquoise View Post
                            Debt 2:

                            Halifax Credit card £7k

                            • Agreement date – April 2007
                            Account sold to Cabot Credit Management group 26/3/15
                            I’ve been paying £1 per month throughout.

                            I’ve taken the following from a recent letter from Cabot:
                            • Owner: Cabot Financial (Europe) Limited

                            22/5/20 - CCA request sent to Cabot for Halifax CC.
                            7/7/20 - Cabot have replied "we haven't been able to obtain the information from the original lender...".
                            I have stopped the £1 monthly standing order.

                            Debt 2: latest updates above.

                            Comment


                            • #74
                              Originally posted by Turquoise View Post
                              Debt 1:

                              HSBC Overdraft £10k (sole trader current acc in my name)

                              • Agreement date: June 2006

                              It went to Metropolitan collectors in Jan 2011, I paid them £1 per month.

                              On 22/4/14 the debt was purchased by Marlin Europe

                              Marlin changed their name to Cabot Financial (Marlin) on 2/3/15
                              I am still continuing to pay £1 per month to Cabot.

                              I’ve taken the following from a recent letter from Cabot:
                              • Owner: Cabot Financial (Europe) Limited

                              CCA request sent to Cabot 11/6/20.
                              12/6/20 - Letter from Cabot "we have received your request, currently do not have relevant info on file, contacting original lender...".
                              25/6/20 - Letter from Cabot "still progressing your request, have contacted the original lender...".
                              I have stopped the £1 monthly token payment (standing order, was not a DMP)

                              Debt 1 latest updates above.

                              Comment


                              • #75
                                Originally posted by Turquoise View Post
                                Debt 3:

                                Abbey Credit Card £5k:

                                Account opened with Abbey 2009.
                                Santander took it over later in 2009.

                                Dec 2010 unable to pay minimum payment so paid £1 per month and have been doing that throughout.
                                Default notice served by Santander March 2011.

                                March 2011 letter from Viking informing that debt transferred to them for collection.

                                7 April 2011 received letter requesting full payment from Viking.

                                20 April 2011 made temp payment arrangement of £1 per month with Santander.
                                23 May 2011 default notice from Santander.
                                Passed to 1st Credit June 2011.
                                Nov 2014
                                Received Notice of assignment from Santander Cards Limited to Santander UK plc.

                                2016 Santander sent letter saying that my account has been transferred to Robinson Way debt collectors from 1st Credit.

                                11/6/20 CCA request sent to Santander but was returned as I hadn't added a payee name to postal order (I couldn't find who to make payable to and Customer Service didn't know what I was talking about when I asked them).
                                CCA request sent to Robinson Way who passed it onto Santander.

                                Santander and Robinson Way replied with CCA which (hard to read) and statement of account showing all transactions.
                                I am continuing to pay £1 per month on standing order (not DMP).
                                Debt 3: latest updates.

                                Comment

                                Working...
                                X