Ok, so just had a phonecall back fron the actual person who wrote that letter.. They apologised for the error, saying it was a "simple typing mistake" to which I replied, that it was "so much more than that..." I explained that they have corresponded with me at this address for the last four years, and have never gotten the address wrong, and I would assume that name/address fields are automatically filled in by theoir system anyway, so this looked like a deliberate change" I asked repeatedly for the name of the person responsible for compliance with the DPA, but was told to simply "write into the complaints dept" I have just spoken to the ICO (Information Commissioners' Office) who tell me that they have "possibly" breached the 4th principle of the DPA and "definately" breached the 7th principle.. All I have to do now is find out what theses "principles" are lol... The ICO suggested a complaint to the CSA in the first instance. Anyone got any further ideas? Mike

Ok, just had a quick call to them to find out who the compliance officer is.. Their first response? "Well it's not our fault if your postman delivers the post to the wrong address" There was however, a distinct pause in the conversation when I explained that, the post had been correctly delivered, but was incorrectly addressed.. Apparently someone from the compliance dept will be calling me back this afternoon... Mike

Ok, long story short etc.. Have been paying CSA for maintenance in respect of first child since 1994 - However, I requested a review several times in recent years, which was refused, and then, they ecided to review me anyway and reduced the liability.. However, there were arrears, some of which I agreed with, and paid in a couple of lump sums, (most recently April this year of £1400) and I appealed against the other "arrears" which are from a period when an "estimated" income was used.. Anyhow... Correspondence has always been via letter, so obviously the CSA DO have my full and correct address and contact details. So... You can imagine my surprise earlier (indeed Mrs GSM's surprise indeed) when a neighbour from our road (5 doors away) knocked, with an envelope, addressed to me from the CSA (printed, brown with window and address showing, usual stuff) Howevere, the letter was addresssed to HIS address, and not mine, although it bore my name, and he had opened and read it, as he has been receiving fraudulent credit apps at is address... The letter goes on to say, basically, "you owe us this £, and we are taking you to court to ask that the judge either: order an attachment to your earnings, a sale order for your home - or that your licence is suspended and/or you are committed to prison" So basically now, they have shared a wealth of information about me and my personal circumstances with a neighbour.. What can I do about this, as not only am I annoyed, it is also extremely embarrasing, as the neighbour in question has a reputation for "gossip".. Mike

Ok, Today received a copy letter from my Sol, sent to the by Santanders' sols: It reads: Will edit and add my comments later, but in brief, it's full of cr@p - WE HAVE the letter referred to in "9" and it DOES say they will collect outstanding amounts via DD on 14/02/11 - 4 days AFTER they took the car (illegally) Also, received today from Santader - Would you believe, a "Notice of Sums in Arrears" in relation to the agreement, telling us "we have not made the payments, resulting in arrears of £2309.88... Ok - Firstly, The letter they refer to in point 3 - This was a "Notice of Default Sum" and NOT a Default Notice.. And contrary to what their Sols may say, there WAS a DDM enclosed, and it was duly completed and returned - We DO have a copy and also proof from Mrs GSM's bank that there were TWO live DDM's bearing the same reference number, active on her account.. This FEERM they refer to? WTF? Again, we have the letter, and it clearly states on it - "If you have recently made a payment this may not yet have reached your agreement. Any amount that remains outstanding on or immediately after 14th January 2011 will be collected by Direct Debit under Direct debit instruction reference -: Account no.. If you are experiencing difficulties paying your account, it is important that you contact us as soon as possible" Obviously, we had made sure the funds were available, and the letter clearly states that they are going to collect them on/after 14/01/11 - we were not having "difficulties" and their instructions/intentions were clear from the letter - so OBVIOUSLY we didn't contact them! Once again, the letter sent by santander indicates the opposite of what their Sol says... In para 5 - Yes, they are correct, they cannot comment on whether sufficient funds were available (they were!) BUT they ONLY TOOK ONE PAYMENT, not the two payments advised in the letter.. They made NO attempt to collect a further payment, as they had told us they would... Para 6 - Yes, DN received - A "proper" one - However, it referred to a missed payment, and one not yet due (as they had told us they were taking them on/after 14/01/11!) Also it was for 2x payaments plus TWO x £25 fees, not one, as stated incorrectly by Sol.. Para 8 - Do the maths.. Two payments of £368.33 plus £25 (as referred to in para 6 of their reply) is £761.66 and not £786.66 as stated on the DN... Para 9 - Now this is where it gets interesting - Guess what.. WE HAVE THE LETTER that they can "find no record of" AND it DOES CONFIRM their intention once again, to apply for "all outstanding payments on/after 14/02/11" (ie four days AFTER they (illegally) took the car) It also DOES NOT mention "contacting us urgently" it merely repeats the previous letter's "if you are having difficulties, please contact us etc..." So yet MORE LIES! Para 10 - Been over this - YES YOU DID!! Para 11Well we would have received the Term Notice - HAD you have put a stamp on the envelope, which is a "Santander" branded one - and yes, we have it... Anyone care to comment or steer me as to where next? Thanks Mike

Have today (over 2 weeks later) received a faxed copy from my Sol, of letter sent by Santanders' Sol to them yesterday.. They have asked for a "short extension" whilst they are "consulting with our client" and promise a "full and detailed response" shortly... Now I'm no expert, but come on, almost 3 weeks, and still no response (in particular, no denial of the points raised in my last letter) Either they haven't got, or can't think of a suitable denial/response or they are dragging it out for the sake of it?? Thoughts? Mike

Just had a quick update call from my Sol - Their Sol is apparently rattled, and was unaware of the full chain of events to date - They asked my Sol to provide "copies of the letters from our client on which you base your position that our client is in breach of etc..." My Sol has replied, enclosing copies, but also querying why they "were not fully briefed on this matter upon original instruction" and also that "obviously, your clients' actions are fully doccumented in their correspondence to our client" etc.. He briefly spoke to their Sol on the phone, to advise that (my) sol is going away for the week, but their Sol confirmed that they have advised Santander NOT to dispose of the vehicle at this stage... Rumbles in the Jungle?? Mike

Ok, quick update.. Well letter went by fax and post on Friday, and so far, have heard - Nothing.... Appears to have gone quiet, so (hopefully) maybe, their Sols have received the letter, and asked their clients (Santander) - "You did what???" Mike

Ok, trying to draft a letter, to pass onto Solicitor, who will write as if from them.. So far, thinking along the lines of: Any comments?? Please.... Mike PS - Have edited it slightly (Thanks Wannabe!) Mike

Totally agree with you Wannabe, but it just seems that either : a:) These Judges are so up their own backsides, that they have no idea of what goes on in the "Real World" or b:) They are just plain afraid to rule against large organisations, in favour of the "little" man (or woman!) Hopefully, when you get to appeal level, the Judges are a bit more level headed and focused.. Mike

Ok, due to a change of bank account last month, our Sky DD was not paid yesterday (the ONE DD I forgot to notify) Anyway, called them up today to pay the bill (£95 OUCH) Anyway, paid it via debit card, and she asked if I had the new bank details to hand, which I didn't so said I would call back another time to set up a DD.. After an hour or so, started to get a message on the screen saying "channel not available - Please call 0844 etc to upgrade your subscription" So I rang then to ask what was going on... Their reply "We will not turn your services back on unless we have a valid DDM or continuous card payment authority" So I said, hang on, I pay for the service in ADVANCE, so, having paid up until the next "billing date" which is 15th June, I want the service I have paid for.. Her reply? "We still can't activate your viewing unless we have a DDM or CCA" Ok, I replied, can I have my £95 odd back that I have just paid you, in advance to receives service until the 15th of next month? "No" was the answer, we "don't give refunds and if you want your TV on, you must provide a DDM/CCA" So, in my mind, they have taken my money, in advance, and are now refusing to either provide me with the service, OR refund my money.. Does anyone know if this is actually legal, as I don't think it can be.. Don't get me wrong, I am happy to provide DD details, but when I choose to.. Anyone got any thoughs on the legalities of this?? At present, I have paid in advance, for no service... Mike

Ok, have just had Sol email/fax Santanders' sols, asking for a 7 day extension, owing to the posessions/equipment still with/on the vehicle... Just had an email back from their Sol.. So have seven days... HEELLPP!! Mike PS, could this "easy" extension be seen as them still being unsure of their position??

Deleted - Posted in wrong thread Mike

Oi you lot! LOL.. Calm down - It's only a commercial!! (Don't shoot me!) Wannabe, did you have any thoughts on a reply? Cheers Mike

No offence taken - BUT, in fact you are reading it wrong - Here is the actual course of events: 01/11/10 normal payment made by DD - Account fully up to date, no arrears ever etc 01/12/10 payment missed 17/12/10 Letter received dated 14/12/10 advising of missed pyt - "Notice of Default Sum" but NOT a default notice, ie not giving date to rectify etc. 24/12/10 Letter received dated 21/12/10 "notification of outstanding payment" and enclosing new DDM, which was completed and returned, now making TWO live DDM's on account. Apparently THEY had cancelled the DDM at their end, and as such did not take a payment on 03/01/11 this was not a default notice. 03/01/11 Letter rcd dated 31/12/10 advising that they would now collect "all amounts remaining ourtstanding via DD on or after 14th Jan 2011". Thereby changing the payment date. As this letter was dated BEFORE 01/01/11 it is clear that they had changed the "due date" And that it was never their intention to collect a payment "on or after 01/01/11" 10/01/11 Letter rcd dated 07/01/11 "notice of default sum" NOT a DN - Showing 2 x payments O/S plus TWO "late fees" but we were expecting them to collect the full amount on or after 14/01/11 as per their letter dated 31/12/10 (prev bullet) 11/01/11 SINGLE payment taken via DD, not the TWO payments we expected to be taken - funds were available for full amount to be taken. 18/01/11 Letter rcd dated 15/01/11 advising that there was still ONE payment outstanding plus a late fee of £25 24/01/11 Letter rcd dated 21/01/11 now advising outstanding balance as ONE payment and ZERO late fees... Enclosed yet another DDM which was returned, making THREE live mandates.. 03/02/11 Letter rcd dated 31/01/11 advising of late fees, and advising that they would now collect "all amounts remaining ourtstanding via DD on or after 14th Feb 2011" So we made sure there was enough money in the bank - Again.. Also again confirming the new payment date of 14th month, for the second time. 10/02/11 Repo man turned up and took car.. 17/02/11 Unstamped termination notice received in post.. End April 2011 - Managed to finally get a copy of the DN, dated 07/01/11 which INCORRECTLY stated two payments outstanding, as they had written to us seven days before that date advising of a NEW PAYMANT DATE of 14th month. That about sums it up - So as you can see, YES, the 01/12/10 payment was missed, BUT, as THEY cancelled the DDM, THEY did not take a payment on 01/01/11 BUT advised us that they would then take TWO payments on 14/01/11, they also apparently issued a DN on the 07/01/11(never received) citing the payments due on 01/12/10 and the payment NOT YET DUE (from their own advice) on 14/01/11 as being "In Default" (Although how a payment that is not yet due or collectable be deemed to be in "default" I do not know) THEY then TOOK (ie via DD) only ONE payment on 11/01/11 when we were fully expecting, as advised in their letter (predating the "DN") that, they would collect TWO payments.. THEIR error, not ours. THEY again wrote to us AGAIN advising that they would now collect TWO payments on 14/02/11 - BUT sent a collection agrent, who ILLEGALLY reposessed not only the car, but also circa £2000 of MY PERSONAL PROPERTY... Apols for CAPS, just wanted to make the relevant bits stick out... Mike

Cheers, will pm you my email when I get home. Mike

Thanks for that, it's appreciated.. Mike

Oh, and to add insult to injury, today I received a nice letter from DVLA, wanting a £55 "penalty" from me - What for?? For failing to inform them that I was no longer the "keeper" of the car, and had sold/transferred it to someone else... Mike

Don't get me wrong, I appreciate all input into my thread, good or bad, but felt the bias was more towards bad lol.. I have just updated it with another letter received from Santanders' solicitors if you'd care to look.. PS sorry for hijacking this thread Mike

Received a copy today of letter from Santanders' Solicitor: Now, firstly, my posessions and equipment/property are still with the car, they have no legal right to them whatsoever. Secondly, they now admit that a payment was received AFTER the date of the DN (07/01/11) however, they use the term "payment was received as if to imply it was sent to them, when in fact, the payment was collected via DD, and we had been informed that they would be collecting TWO payments at thaty time, which would have fully cleared the balance - EVEN though one of the payments referred to in the DN was not due until a week AFTER the date of the DN - It's not our fault that they only TOOK one payment, and not the two we were advised they would take, we made sure the money was there.. Any chance of some input from Postggj or Wannabe? It would be appreciated, asd it looks like the car will be gone in 4 days.. Cheers Mike

I have to say.. I also find mcjohnsons' posts neither helpful nor constructive.. GSMGuy wonders in fact, if we may not have a "mole" in our midst?? Mike

Wannabe or Postggj, care to comment on the above few posts, would welcome your opinion.. Mike

8 years is a hell of a long time for a finance agreement on a car - Are you sure the HPI info is correct? Mike

If that is the case, then after only taking one payment on 11th Jan, when they had written advising they would take 2 payments, we would have expected the next payment to be due 01st Feb BUT they again wrote and told us they would be taking payment on the 14th, one month could possibly be construed as you suggest, but 2 months?? Mike

Also, there is no way, if they thought they had acted correctly, that they would still be holding the vehicle in storage, they WOULD have disposed of it by now, as it's value alone will have dropped over 1k in the last 3 months, plus they'll have almost 3 months of charges, which I am damn sure we won't be paying. Regards the reply to their letter, I am awaiting Postggj's kind offer of a draft letter. Mike

Firstly, THEY changed the payment date from 01st to 14th, without us asking them. They wrote to us at the end of Dec saying they would collect ALL outstanding payments via dd on or after 14th Jan. They then collected ONLY one payment on 11th Jan, the important thing being, that we made sure there was enough money there to cover both payments, as advised BUT they only collected the one payment. They then wrote to us AGAIN a week or so later, AGAIN telling us they would collect all overdue amounts via dd on or after 14th Feb.. We made sites again, that the money was there, but they came and took the car on 10. When they issued the DN on the 7th, the January payment had not fallen due yet, as they had written to us on 31st Dec advising that payments would now be collected on or after the 14th, therefore the dn was actually incorrectly issued and factually incorrect. It is my understanding that they DO need Mrs gsm's permission to take the car from private land. They are merely trying to cloud the issue, as I think they have acted incorrectly, and I think they know it too. Mike