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Old A+L Loan charges reclaiming + CCA return


Simon1959
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RE:

https://www.consumeractiongroup.co.uk/forum/showthread.php?483703-been-paying-Gregory-Pennington-12yrs-now

 

Yes all of them I was expecting Santander to at least contact us ,as this is the only original creditor and they havn,t even acknowledged she owes them anything

 

How do you go about claiming charges back from some of these old accounts is there a template we can use and what charges can you claim back

In other words I have no idea how to go about this or what we can try and claw back

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  • 2 weeks later...

you'll need all the statements first?

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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fixed sum fees

dd unpaid, late, over limit, letter, phone

 

you'll spot them £12,£15 £25 etc etc.

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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  • 1 month later...

Santander have contacted us with a notice of sum in arrears the amount owed is £535 on a personal loan

This is in reference to missed payments from November when she left the debt management company

They would like her to contact them to help her pay it

So as this seems to have slipped in under the radar is it a case of

A = sending a CCA request

B = SAR them for charges

C = Offer a F&F settlement for 50%

D = Ignore them

 

I would have thought they have the CCA although it was from approximately 13 years ago

I would imagine that it's riddled with charges

I doubt that they will except a deal unless it's unenforceable

Ignoring them will probably lead to a CCJ

 

I've probably answered my own questions really but would just like an opinion on which direction to go in

Thanks

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a and b 1st!!

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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Share on other sites

sar is everything

if you await +25th under GDRP its than free

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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Share on other sites

read the sar carefully

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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Without sounding a bit dim

should I be reading the letter I send them carefully or the legislation regarding SAR requests

 

It appears from what I have read that it's more medical information that an extra charge can be levied

 

Ah I have just read the new (free one ) it appears they can charge a reasonable amount to cover the cost of supplying the info

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one fee gets everything

if you await till the 25th under GDPR it will be free

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 weeks later...

Just received a signed credit agreement from Santander (old alliance and Leicester a.c.) statement of account to follow which I'm assuming is riddled with charges

Is there a template letter on here to use to claim them back

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pop them in the FOSCISHEET first

see shelley thread or martin2006 thread

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'm still waiting for the statement of account even after having a copy of the signed credit agreement Santander don't seem to be pushing it considering there's been no payment on this account since November

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let it run

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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Share on other sites

In the letter from Santander accompanying the signed credit agreement from 2005

 

It states "under the consumer credit (cancellation notice and copies of documents) regulations 1983 we can comply with the legal requirements by sending a copy of an agreement in the same form as the one that was signed ,

but excluding the signature box , customer signature and the date of signature

 

Is this correct

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Getting a copy of your credit agreement | National Debtline

https://www.nationaldebtline.org/EW/factsheets/Pages/.../credit-agreement-advice.aspx

Know your rights when asking for information about your credit agreement. Advice on how to ask for the information and how your creditors must behave.

 

might help, in any case pre 2007 CCA1974s must be an actual copy of original ( original with signature>?) comes to mind?

 

 

others will respond also

:mad2::-x:jaw::sad:
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Yes they are correct, HOWEVER!,

 

 

You would always question as to why they felt the need to supply a copy of the original agreement with the signature box and date it was signed redacted, surely if they had it they would send it in its entirety.

 

 

When they fail to, then it is either because they don't hold the original document, which they will need to produce in court, OR they are lying about holding the original and hoping you'll fall for their lies by accepting their untruths and giving in.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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