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HPH2/? Claimform - Old 2009 Santander Overdraft 'debt' ***Settled by ADR ***


Ladylovessalsa
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Hi there

 

Just needed some advice re: the above.

 

This was originally an unauthorised overdraft from Abbey that I was paying off bit by bit

 

Abbey forwarded it to 1st Credit.

 

I sent the CCA letter to 1st credit and in response

they sent me a statement but not a signed agreement.

 

Sent them the account in dispute letter and was sent the attached response.

 

Just want to know what do I do with this?

 

What does it mean?

 

Let me know

 

ladylovessalsa!

1st Credit response.pdf

1st credit letter 1.pdf

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Overdrafts are not completely covered by CCA they are exempt from part V of the act which refers to the form and content of an agreement. You will only be able to get a statement of account via a cca request.

 

Your link above was only to photobucket site, not your document

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 2 weeks later...

Hi,

 

Now, Worst Credit don't seem to understand what they are doing as you CCA'd them for an overdraft

which isn't generally covered by the CCA 1974 (part v exemption)

and then they say they have put the account on hold because they can't provide the agreement:confused:

 

All they should have needed was a little info from Shabby to enforce this debt unless Abbey have totally screwed up and don't have this info.

 

Anyhoo, while they have their heads up their ar*e I would sit back and relax but

don't be surprised if this pops up again once they realise their error or they flog it on to some other lowlife.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Ladylovessalsa

 

I had an Abbey Overdraft when I had my financial problems.

The (overdraft) debt was sold to a DCA.

 

DCA eventually contacted me for the debt.

 

I then cca'd the DCA (I was aware about the cca exemption, but I cca'd them anyway)

 

DCA after a few months sent me a copy of the application form used to

open the A.N. bank account.

I noticed on the application form that the option for overdraft had been ticked as 'no'.

 

I therefore wrote to the DCA (amended a template to use for my particular case) telling them that I never had an overdraft for that account. If they look at the application form they'll see that option for overdraft is ticked as 'no'

Also, if there was an overdraft for that account, I want to see the letter with terms etc that Abbey would have provided me - and besides when the account was closed the balance was zero (tbh I hadn't a clue what the balance was when the account was closed).

 

The DCA after a few more months (by this time the account had been closed for nine years) managed to send me a couple of years worth of my bank statements - however all on blank A4 paper (that anyone could have typed).

And the balance WAS ACTUALLY showing as zero :) with the final transaction showing the actual balance being transferred to ANPF (Abbey National Personal Finance).

 

So I then wrote to the DCA stating, "I told you so" :) the balance of the account when closed was zero - plus they still haven't provided anything in writing from Abbey saying that I indeed had an overdraft.

 

I haven't heard from that particular DCA in almost a year now.

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They will put it on hold then come back and say there does not need to be an agreement for an overdraft because of the part v yada yada so pay up

 

At which point you tell them that actually yes there does have to be an agreement since an overdraft is covered under section 10 of the cca. However, if the oc had a part v exemption (technically they have to prove this) then the agreement does not have to be in the prescribed format in part v BUT it does still have to exist.

 

As helen said above, without any paperwork they are just some bloke saying 'you owe us money'

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Hi,

 

Now, Worst Credit don't seem to understand what they are doing as you CCA'd them for an overdraft which isn't generally covered by the CCA 1974 (part v exemption) and then they say they have put the account on hold because they can't provide the agreement:confused:

All they should have needed was a little info from Shabby to enforce this debt unless Abbey have totally screwed up and don't have this info.

 

Anyhoo, while they have their heads up their ar*e I would sit back and relax but don't be surprised if this pops up again once they realise their error or they flog it on to some other lowlife.

 

technically it is perfectly correct to cca for an overdraft in the first instance. It is for them to prove part v exemption not for you to assume and THEN they still have to come up with an agreement (usually a letter stating apr limit etc which must have been sent within 30 days of you agreeing the od with the oc) and compliant DN

 

I'm struggling to know what all the fuss is about

 

the letter is a final response

which says we cannot enforce goodbye,

which you put somewhere safe and forget about them

 

Never converse with the reigate rabble unless you really have to - for one thing the never answer your questions

 

, just send a load of drivel..

 

Think I might get my son to do them a letter next time,

 

he's 6 so he should have a lot in common with them

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  • 1 year later...

Hi there Caggers!

 

Well as the Bear predicted.

.. this debt has returned and now Abbey have sent it to Moorcroft.

 

I sent them a CCA and put the account in dispute (getting good at this)

 

and they have sent me the following response,

 

what does it mean and

 

what should I do now?

 

Lx

Moorcroft scan.pdf

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  • 1 month later...

Hi all,

 

Well, left Abbey and a £2.5k overdraft around 3-4 years ago.

 

They keep sending the debt to various debt collection agencies and adding more money on

but the upshot is that I only want to deal with Abbey and not the debt agencies.

 

They have now passed it to Moorcroft and

I have sent them a CCA to which they have responded that although they can't provide a copy of the agreement

it means that I'm still liable and that I have 14 days to contact them.

 

I sent them the account in dispute letter and then I think they sent me a letter from a company called 'Midas Legal Services' or something

about saying that they were going to get legal on my derriere...

 

I sent them a letter that said the debt has not been acknowledged and that I should not have to remind solicitors la la la..

. and now they have sent me the home collections letter which I have attached.

 

What do I do now...

Can they clamp my car?

Do they have the same rights as bailiffs.

I've just got rid of the bailiffs!

 

please help.

 

Lady (used to love salsa but can't afford to anymore)

Scan 00206B637BC8110314154546 from STC602KMC_1.pdf

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Midas Legal Services! what a joke! a dormant non trading company capitalised at £2 when I last looked.

You are supposed to be impressed, and scared by the word legal.

 

29/12/10 STATEMENT OF CAPITAL;GBP 2

 

There you go! straight from Companies House.

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  • 1 month later...

the debt has been returned to Santander and

they have sent me a transaction statement summary this morning

showing an opening balance of 2470.56.

 

There is a small note on it about Dispute Resolution

and a separate note about understanding your statement

 

There is a FAQs 'What is a transaction summary statement?

It shows a list of transactions on you account and how much is owed.

 

Any recent transactions

including costs associated with taking legal proceedings against you may not be shown'

 

There is all sorts of stuff about Transfer to Debt Purchaser? and assigning the amount to a third party company

and what happens if they have sold my account to a third party..

 

Can you tell me what they plan to do now if I decide not to pay or can I offer them a minimum amount?

 

I'm already with the CCCS and I'm paying £1 to all unsecured creditors.

 

What can they do to me now?

 

What's the worst they could do?

 

thanks

 

 

 

 

Ladylovessalsa!!

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Is this part of the CCCS agreement? Also, have you pushed CCCS to get interest etc frozen?

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Is their any bank charges applied to the amount owed? Is so reclaim them all from the last 6 years,

 

Also when was the last payment made on the account?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Is their any bank charges applied to the amount owed? Is so reclaim them all from the last 6 years,

 

Also when was the last payment made on the account?

 

I stopped using the account over 3 years ago when I opened a new account with Lloyds tsb,

 

 

I was paying them, something like £5 per month but then they sent it to a DCA without telling me

and then I spent most of the last two years trying to get the DCA to send it back to Santander,

it started off with 1st Credit and then Moorcroft.

 

 

The amount has increased slightly

3 years ago I did claim my bank charges back and I got back £800

(which is a fraction of what they have had out of me over the years!)

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I see. Yeah they are buggers for passing accounts on to DCA without telling you. Anyway, i bet the DCA has added charges and santander may well have added additional charges since you reclaimed. So you can always reclaim those and any interest added to the account.

 

Basically the Sharpe V Bank of Scotland will be a very exciting case to watch, as the outcome of that may open the flood gates to reclaiming all bank charges back. I wouldn't rely on any full and final settlement preventing you from reclaiming the rest either as cashing the cheque is an incorrect view of acceptence of the full and final, so if your intention was to accept more than what they offered in the full and final, you may still be able to reclaim the rest.

 

See post 4 here for more info on full and final - http://www.google.info/forums/showthread.php?t=21159

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 3 years later...

I also in a similar situation I have an outstanding overdraft with Santander for £2470.00 which was sent to Robinson Way and now I have received a letter from Howard Cohen. I haven't paid anything on the debt for at least 5 years and I have had not correspondence with Santander/Robinson Way or Howard Cohen at this point.

 

 

They are looking to take out a CCJ against me. How can I stop this? I need to act really quickly as it came on the 6 April while I was on hols...

 

 

Help quick please ...

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sorry so you have received a claimform?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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4 threads merged on same debt

 

 

you have a threat-o-gram from cohen

 

prob due to it getting near SB date now,

 

pers I'd ignore anything bar a claimform.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I agree with DX, The fact that various DCAs have had plenty of time to do so before now but chose not to says something.

 

If you do get a claim form, this thread can be moved to the legal issues section where better help can be given

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Ladylovelessa, I have merged your thread with the ongoing one you already have.

 

Can you please provide answers to the questions asked in the link below. You will need to copy and paste the first post of the link below into this thread and pop your answers alongside.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Once you have done that we can advise further.

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