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  1. Hi I have read some of the threads and hope people might be able to help me. Last weekend I received a County Claim Form for an overdraft I had with Santander. I defaulted on this in April/May 2009. I have spoken to National Debt Line and I am speaking to CAB on Monday to get advice. They have suggested it could be statute barred if I haven't made a payment or communicated with them in writing in that time (despite that I may have spoken to them on the phone or ignored letters/calls) I had other accounts and credit cards etc default at a similar time, some I subsequently paid off, others I ignored and they went away etc. This one hasn't. It's been passed to different companies and has now resulted in the form being sent. I threw a lot of old letters away as I had literally hundreds of them. This default has now fallen off my credit history. However I have found an printed version of it from 2013 which shows that the outstanding balance was less than the default balance, and was last updated in May 2010. I have asked my bank for a copy of all bank statements to see if I have made a payment but won't get these until next week. Reading on here I have seen people saying about asking for documents to try and defend. I won't ask a silly question if this is worth doing, could just do with some pointers about what I need to do The info requested of me is here. Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd Date of issue – 3rd June 2015 Date of issue - 3 June 2015 Date to acknowledge by - 22 June 2015 Date to submit defence - 6 July 2015 What is the claim for – the reason they have issued the claim? The claim is for the sum of 1,776.92 in respect of monies owing to an overdraft facility under account number XXXXXX XXXXXXXX The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. The claimant claims The sum of 1,776.92 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of X percent from the XX/XX/XXXX to the date hereof X days is the sum of X.XX 3. Daily interest at the rate of .XX Costs What is the value of the claim? 1,776,92. With costs it is 1,967.76 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to others, and then received assignment notice for this debt purchaser and claim issued by debt purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, I don’t think so Why did you cease payments? Lost job, other financial debts, they all got ignored for a while and subsequent defaults What was the date of your last payment? Not sure - sent off for copy of bank transactions this week from current account to check if I have made a payment. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No plan entered into with them. May have spoken to them on the phone 5/6 years ago but I was getting several calls from different places so cannot be sure. Thanks in advance of any help or advice people might be able to give. EDIT - I realise I have come to post this late but it was only whilst thinking of this over and over before speaking to the CAB next week that I googled the companies and found this forum.
  2. Brief background details Account is for a credit card with Santander. Amount £2xxx There is no record of this debt on my Experian credit file or when I check the same using Noddle. Debt has been passed from Viking Collection services > Moorcroft > Wescot > Robinson Way. 13/02/15 I sent a CCA request to Robinson Way after receiving a letter informing the account would be passed to their solicitors Howard Cohen in the next 10 days. 21/02/2015 Letter from Howard Cohen titled 'Notice of Pending legal action' requesting payment within 10 days. 06/03/2015 I get a reply from Rob Way acknowledging my request and informing my account has been placed on hold temporarily pending receipt of the documentation. 21/03/2015 Get a weird letter from Robinson Way saying ' We write to acknowledge the recent update that you have provided us in relation to your current circumstances. we confirm that no further action will be taken on your account for the next 2 weeks from the date of this letter. Please ensure we have your proposal for payment within this period to avoid collections activity resuming. If we do not hear from you within 2 weeks, our solicitors Howard Cohen may be instructed to proceed with issuing a court claim................' I assumed this was scare tactics and ignored it as they still hadn't satisfied my CCA request. Today I received a County Court claim form from Northampton. I still haven't received any CCA from any of the parties involved. I obviously need to acknowledge service of the Claim form but what's my next course of action?? Library letter - 'Letter to solicitors threatening legal action / in default of agreement request'?? If yes, do i send this to Hoist as well as Howard Cohen? Thanks for any help you may be able to give. Dan
  3. Hi I have just received a letter with cheque attached from Santander stating that 'while reviewing my closed business account they have noticed they applied the wrong interest to the unauthorised overdraft on a business account between 2009 to 2014.' Now this account was closed after being paid in full in 2014, but what they have refunded is the difference between the wrong interest and the correct interest and then have applied interest to that as accrued to current date. While this is OK, my question is would I be entitled to compensation on this error as well as any charges on the account that were applied. The additional interest that I had to pay off at the time certainly delayed the settlement due to the extra interest added by them and this was at a time of hardship . I did not have use of that money for use by my family as it was paid to Santander, and it prolonged the time that it was reflected on my credit report. My thoughts are to request copy statements from them for the time period noted and details of charges applied so that I can check what they are referring to, details of how they have calculated the refund, have they included the amount of interest applied to the incorrect interest, along with a request for compensation for the hardship stress and lack of use incurred by their error. Any thoughts and additional suggestions on this would be appreciated along with what level of compensation would be reasonable to expect/ request. Thanks in advance for your thoughts and comments
  4. Hi Folks Re: Debenhams I browsed the forums and can't see an answer. Apologies for the Newbie post, but any help would be greatly appreciated. I have all my old store card (Debenhams) statements, along with the original consumer credit agreement (signed 30.10.03). I understand that Santander took over the running of my store card from GE Capital Bank 7 years or so after I took the card. I paid-off the card and closed down the credit agreement in 2011. So my question is this: Do I send the completed form that I downloaded from the Ombudsman onto to GE Money UK Ltd (I can't find anything for GE Capital Bank Ltd) as it was with them that I signed the original agreement 12 years ago, or Santander UK plc as they're now running the store card scheme, or someone else? Thanks in anticipation Hartley
  5. Hi, I have a debt listed on my credit file with santander,it's from about 2 years ago,they allowed me to go £1500 overdrawn on my bank account. They do not contact me regarding the debt as they do not have my current address, i could easily keep hiding from them i would like to get rid of the debt asap if possible + i'm sure they will locate me eventually. can i wriggle out of it? or am i best of making a settlement figure? Thanks Naylz
  6. A friends son has been banking with Abbey all of his life. Nothing fancy, simple child saver account which eventually they changed to a basic bank account - without an overdraft facility. They make purchases overseas frequently in USD (dollars) and because of a delay in the transaction time / rate of exchange, are often hit by being a penny or so overdrawn. To date, I think the most was less than £2. The bank in it's infinite wisdom, basically just deduct £25 as they can extort from his account and leave it overdrawn, despite this not actually being allowed under their rules. From my looking at his (disorganised) statements, he may well have paid over £400 this year alone and says it goes back much further. What is the best way to proceed on reclaiming these charges, before he moves to another bank?
  7. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue –3 June 2015 . Date of def = 4pm Friday 3th July What is the claim for – The claim is for the sum of £2XXX.XX in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXX The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to repay overdrawn sums under the terms and conditions of the bank account. The claimant claims 1. The sum of £2XXX.XX 2. Interest pursuant to S69 of the county court act 1984 at a rate of 8.00 percent from XX/XX/XX to the date hereof 15 days is the sum of X.XX 3. Daily interest at a rate of .XX 4. Costs What is the value of the claim? £2XXX.XX Is the claim for a current or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly - by way of a statement of arrears but headed 'Loan Account' and with a different number to the original bank account number shown on the PoC Why did you cease payments:- Financial difficulty - withdrawal of overdraft would have left nothing for food, rent, getting to work etc Was there a dispute with the original creditor that remains unresolved? Yes - advised OC of financial difficulty their action would cause, alleged unlawful 'unfair' treatment Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - as above and stated I would make weekly payments of £1o per week by direct credit but asked for interest and charges to be frozen - they weren't Would welcome advice on this although don't hold out much hope... Arrived home from work to find papers on the doormat for a former Santander O/D that Robinson Way have been chasing for a while. RW have been chasing for Hoist for a while - trying to get us to phone and offering discounts etc but as the debt was disputed I did nothing more than tell them this. Debt is around 5 years old so not SB. Received a letter before claim from Howard Cohen a couple of weeks ago stating that to stop court action we must contact RW within 10 days of the letter. This we did, by recorded delivery stating that the debt was disputed and gave details of the dispute and previous attempts to resolve it. Appreciate this might reset SB clock, but at the end of the day we did have an OD but were more miffed at the way that Santander dealt with us. A bit of history. Banked quite happily with Abbey for several years. A change in circumstances led Abbey to offer an OD facility which they later offered to increase. This was in place for several years and although we went occasionally into the black we were pretty much using the OD all the time but this was without complaint from Abbey or initially when they took over, Santander. Fast forward to 2009 and redundancy came calling. Was unemployed for a couple of months and although I got another job it was for almost 25% less money. Santander pulled the plug on the OD without more than a couple of weeks warning (we hadn't exceeded the limit). Not just reduce it over time, cancelling it altogether which would have left us with nothing for rent, food or fuel to get to work. I spoke with my branch who said that 'they have done this to a lot of people' and that they wouldn't negotiate, so opened an account elsewhere to avoid losing our home and jobs and to still be able to feed the children. Wrote to Santander to claim hardship and that we believed their actions were blatantly 'unfair' and against the Banking Code/BCOBS. Said I would leave a credit going into the account to reduce the OD and asking to freeze interest and not impose charges. Got no reply, they just started adding unauthorised OD charges and interest which more than wiped out the credits going in, so I stopped the payments as the £150 or so that I had paid in was wiped out by the charges and interest and the debt was going up instead of down. Santander did not chase any longer but here is the strange thing - they have been sending periodic statements for the defaulted amount, but under a completely different account number and they called it a 'loan' account? I never applied to have the OD converted to a loan, nor had any papers to sign to agree repayments for a 'loan'. Is this at all significant? The PoC refers to 'overdraft'. I am guessing from advice on other threads that I need to acknowledge the claim on MCOL and indicate that the claim will be defended in full, send CPR 31.14 to the solicitor etc. I am also guessing that defending OD claims is almost impossible unless SB which this one isn't. Am though confused about the implications of the OC apparently converting the account to a loan account with a different A/C number and sending statements under that number throughout. Bizarrely we are still receiving these statements (as recently as a fortnight ago) several months after the assignment of the alleged debt to Hoist/RW. Also Peed off that Howard Cohen told us to contact RW to avoid court action, which we did and they have issued despite this. Apologies for the length of the post but any and all advice would be welcomed.
  8. Hi all. Hoping someone can advise me on what to do for a friend who has had her claim rejected from Santander. I know the claim goes back a while , store card was taken out in 2000 and closed in 2004, and the agreement paperwork is clearly signed by my friend in the ppi section. But my friend explained that at the time in store of selling it was just sign here here and here. Nothing was explained to her at the time and subsequently when she tried to reclaim ppi she got the final response letter stating they had no evidence of miss selling so could not refund. Now at the time of getting the store card with the attched ppi she was unemployed , pregnant and on crutches so in my view the fact that she was unemployed means she should never had been sold ppi in the first place. Would I be correct in this as I am wanting to help her try to fight this case. She did hand it over to a claims company but they could do nothing as she had started the claim herself. Should I try agian and if so what would my best first approach be. Thanks all
  9. I have received a court summons from Hoist Portfolio 2 Ltd in respect of a Santander loan. It says the debt has been legally assigned to Hoist Portfolio but I have never heard anything from them previously. The debt is from 2008-10 or there abouts and I do owe this money to Santander. Can someone else take me to court for it? I thought it had to be Santander
  10. Hello all, I'm in need of any help or advise I can get here, I received a claim form from the county court made by Hoist portfolio holding 2 ltd on behalf of santander UK plc for unpaid overdraft of £1175.08. The original account was with Aliance & Liecester which I opened some time in 2004 as just a basic current account then upgraded later on after about a year or more to a full current account with overdraft facility rising from £500 to £1000 then was closed some years ago when I fell into financial difficulties even before Santander acquired A&L. Before now, A&L have taken all sorts of charges and exploited my situation from charging me for inadequate funds for direct debits to charges for sometimes going over my overdraft limit even by less than a pound, then when I wasn't forthcoming with payments for these charges anymore due to loss of job,the account was closed. I was ignorant about the fact that I could have challenged for unfair charges at the time . I feel very bitter now that santander have passed this on to Hoist Portofolio Plc and i cannot remember receiving any notice before the court claim. Matter of fact, I feel so bitter about this that i wonder the possibility of counter claiming against them for unfair charges. But for the time being i will need some sort of records as i have long disposed off records about this account, can i request a CCA? please any advise/help is welcomed.
  11. hello my brother has got court papers delivered to his old address his ex partner rang him to tell him this is for a debt that is 4 months off the 6 year mark my brother has depression has for years being in debt has made it worse for him my brother and his ex have a joint mortgage and he pays towards his daughter who lives with his ex in there home he has not been getting the debt letters as they have been going to his ex house and she has not told him about them only this letter because it was for court I got the information and with my brother rang up robinson way explained that he has not been getting his mail as it has been sent to his ex address my brother says he told them of his address a few years ago so cant understand why they have sent them there may be its because his name is also on the mortgage I asked robinson way if we could do I partial settlement but they only took off £550 off the amount of £4870 I cannot lend him this amount I told them this was way too much I mentioned about his depression that he has had for years and how worried this could make him worse they said they would put a stop to the court proceedings and hold the debt do they can write to him about his mental health etc I am a bit worried as we don't have court papers to say that he has them could they be lying so that he doesn't respond to the claim as I mentioned that I would ring court up explain they were sent to wrong house and get information so he could file online robinson way said there is no need to do this as they have halted the debt until they send info about his mental health as they want more information how do I no that they are telling the truth and stopped the court proceedings or do they just hope that my brother does not respond and gets a ccj as he has not acted sorry for rambling but very worried any information would be helpful
  12. God what a mess!! I will try and explain this as best I can but I have gone so far and don't know if I am doing this right. I have two accounts with Santander which makes matters worse coz I'm not sure if I should now separate them into two claims: 1 account I had a £1000 overdraft on it and I used to pay £20 per month for the privilege, I need to clarify this detail as they have removed the account so I cannot see the statements anymore but I think I forgot to pay the £20 one month. My wages were now with another bank but as long as I paid the £20 Santander were happy with the overdraft just sitting there. As I forgot this is how it escalated in bank charges from £45, £100, £150, £150 & £120 so now the amount owing is £1604.99 of which £565.00 is charges. I have a 123 account which went £9.95 overdrawn and then after a few unpaid charges of £5, £10 they started putting on big charges up to £380 pounds. I recently paid this account £81.23 which is what I felt I owed them and this now leaves the £380 in big bank charges. I phoned Santander in December and they did an income and expenditure with me over the phone and said I needed to speak with Stepchange as I stupidly got mixed up with Payday loans. I wrote in April and they were going to go through my Income & Expenditure but never heard back from them by phone or letter. I wrote a LBA and I have just received a final response saying sod off basically. Do I really have a leg to stand on or should I take it to the Financial Ombudsman or Small Claims Court and see if they are bluffing? I should mention that the £1604.99 amount has been passed to Robinson Way and they have registered a Default. All I wanted them to do was to remove the £565 in unfair bank charges so that I could set up a payment plan for the remaining amount and start repaying my overdraft!! The £380 they are threatening me with a Default at the moment so I expect any day this will appear on my credit file. I explained in my letter that whilst an account was in dispute they can't do that but they said that as far as they were concerned my accounts were not in dispute!!
  13. HI New to all of this so bear with me please , Abby national overdraft been chased by various DCA i have all told them that the account is in dispute, it has all ways been for as long as i can remember due to the excessive bank charges i have complained to Abby as it was various times times they even placed it in default when the test case was on... ...i know that is over and lost MY point is can they just pass it on to a new DCA? Had the first second letter in short succession from Robinson way reference overdraft from Abby national£2840.66 i did send them a letter saying the account is in dispute and pass it back to Santander to resolve they have not and now i have a court claim from Howard cohen 22/04/2015 What can i do please? it is not statured bard un till next Feb really don't want a ccj on my file could some one please offer any advice ? Thanks in advance
  14. Hello, "I sent a CCA request to Santander re an old alliance and leicester loan taken out in 2005. They sent me info saying: Please find enclosed a copy of the executed loan agreement and Terms and Conditions as requested. Under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 we can comply with the legal requirements by sending you 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." However, when I look through the papers I can see on page 2 of 6 that there is a signature box with my signature and date. There's also a direct debit form signed by me. So why then do they say it excludes the signature box, signature and the date of signature? I dont understand. Any help please in making sense?
  15. Hi team, looking for some advice I have beaten a very serious gambling addiction a few years ago for which I received professional help, but, left my Santander mortgage on the brink of repossession, over £6k in arrears for a number of years, have worked 7 days a week, 72 hr weeks on overtime to pay the arrears off, and as of last year it is now up to date I am scared to think of the charges they made on me for my arrears specially as it went to solicitors Aberdein Considine twice, and they charge£££ hundreds if not more. Now that I am up to date do I have any recourse to claim the charges back? I was never offered interest only etc. Any advice would help
  16. Hi All, been a while since I've been on here! I have an Abbey/Santander Credit Card account that went into default in January 2010 (date of default notice). Since that time I have been paying £100 per month without missing a payment. I did have another defaults which are now Statute Barred and this Santander account is the only one showing on my credit report as in default (but satisfied). I still owe £2500 and could possibly pay off this in a lump sum. My question is, if I call them can I make them an offer and is so how much? If they accept the offer would they, or do they have to, remove the default notice from my credit report? Many thanks
  17. Hi there, I hope someone can help me with these cases. When I was young and naive I got offered in the Debenhams and River Island store cards under the premise of extra discounts so I signed up in the stores. I was obviusly not advise of PPI, nor did I know what it was, and obviously charge for it. I do not remember in any case the mention of PPI, just the offered extra discounts and offers, and even the store-assistant filling the form for me, and putting crosses where to sign, her going to make a phone call and having an answer there and then. A few years later and when I started to go into difficulties, such as redundancy, over-spending and so on, I started to look more careful into my outgoings and with the publicity of the mis-sold PPI then I realised that the extra charge in my statements wasn't interest for the card, it was the PPI. So I called to cancelled both I think. As I did with all the rest of cards. anyway I did try to claim back the PPI to Ge Capital that fobbed me off and I thought that was it. Until a few weeks back when suddenly I've got through the post same letter, different references for these 2 cards, saying that I may have been mis-sold the PPI and that if I wanted they could re-view my complaint. So I filled the form, stating that what I said before, no knowledge of PPI to be put on top, sale-assistant not mentioned to me, nothing about being able to cancelled, and so on. I post the letters form back and a few weeks later I've got a phone call asking details about jobs, and so on, to be honest it was quite difficult to understand the person on the phone and I am not sure she knew what I was saying, bad line. Also as the cards were obtain ages ago, I couldn;t remember well in which jobs I was, dates and so on. (this was in the Debenhams card) I also had another call for the for the River Island one, and as it was not suitable then, I asked them to call me later, which they did, but I couldn't reply and they didn't left a number where to contacting them back. So a week later and I've got 2 letters, the same one with different references, saying the the sales-assistant was not obligated to mention the PPI in those dates and that I received all the information by post regarding what it was covered, and so on, so my fault not to read the small letter pretty much. They did included copies on both of the credit agreement, the, Debenhams, and where I spend more, I do have it signed i both bits the credit agreement itself and the PPI, but they are X marks on both bits done my the sales assistant. So not sure how to proceed there, I still think I was mis-sold the insurance as I didn't know about it. Ok, well enough that they sent me paperwork, saying that, I did moved home in the short period between the card being activated so I may not have received all the paperwork necessary. The second one, it is more interesting, the Credit agreetment is not signed, just the PPI cover, so I think I've got more chances here to go for them, as I believe that it is inforceable in a court room if I'm correct and it probes that the PPI was mis-sold. Basically the sales-assistant didn't know what she was doing. What do I do now. I did managed to recover some PPI from other credit cards, but these two seem to be more hard work than the the big ones. Thanks in advance, Zara_goza
  18. I have to post this as a warning to anyone who might wind up in my position. As a HNWI I registered a Delaware company and applied to the Santander Bank branch in Wilmington, Delaware for a corporate account. The competition is, apparently, quite fierce in that jurisdiction and after quickly receiving a verbal "green light" I travelled in person to the Wilmington branch of Santander Bank in order to open the account. I told the branch manager that a figure well into seven digits would be transferred to the account immediately and then used for investment purposes. I also told him that I would need a six figure transfer to Europe soon after opening the account. The branch manager apparently screwed something up when he tried starting the online banking registration process. Instead of getting online access to banking services within several days, it took... four weeks. The branch manager kept flailing about, sending me constant reassurances that "I will do everything possible..." but weeks went by before I got access to online banking. The large amount of money had already been transferred to the account and for four weeks I could not even see it using online banking. Incidentally, this branch manager is a real piece of work. Throughout this whole nightmare of a process he either ignored my emails or sent general reassurances that “He is most interested in the client’s satisfaction” and “would do everything humanly possible.” After not too long these “reassurances” called forth a moderate nauseous reaction. Finally I began making the transfer of funds (six figures) to a government-owned bank in Central Europe, using several instalments, but after the first two transfers my access to online banking was blocked. I called the bank and was told it was a technical glitch. Their "help line" repeated this same lie to me for four days in a row, one consultant on the help line even replying specifically to a question from me that "Yes, many users are having technical issues with online banking right now, you are not the only one." This all turned out to be lies. On the fifth day after losing online access I received an email that the account would be closed, no reason given, naturally. I was assured, however, in that same email that a bank check would be issued for the remaining funds (NB: still well into a seven figure amount). This turned out to be a lie as well. They began demanding that I travel to Wilmington personally in order to authorize the issuing of the check. Mind you, the check was to be issued to the very company that was the owner of the bank account. My email authorization nor telephone confirmation were not enough. Since I was abroad, this was not a very feasible option. I was forced to hire lawyers to demand that the corporation's money be returned and went through a bureaucratic hassle in order to get my own money back from these people. I don't mind that they closed the account, it's their bank. But I DO MIND that they lied to me repeatedly and purposefully. I paid them money, I stored my money with them, I do not expect to be lied to by my bank. Then the refusal to issue a check for the company's remaining funds for close to a month was a fitting end to this slightly epic story. I was very glad and relieved to get away from Santander Bank, finally. Santander Bank? Avoid this bank like the plague.
  19. I've just received a summary cause summons from Arrow for the sum of £4324.32 for a credit card debt I owe. This debt is not SB and won't be for a while. The summons is legit and I have to answer it. My question is this: If I took PPI out with the credit card, can I make a counterclaim, stating that the amount the pursuer is claiming is incorrect because of owed PPI and interest? If I did, any opinions/advice on how this might go? Or should I just bite the bullet and make an application for a pay over time? Thanks for any advice about this. I'm considering going for a midnight swim in the Atlantic.
  20. My sister had loans with Alliance and Leicester back in the 2000's. They were all paid off in 2007, following which she moved house. A few weeks ago she sent the FOS questionnaire off after finding her old paperwork in a box she'd only just got round to unpacking I had been telling her about claiming PPI and to do it herself, not to use a company who would take a big cut. I worked it out to about £2,000 on the one loan I had details of, but there had been three prior to that, rolling on, one paying off the other. The final total should be much more. she's had a letter to say 'go away'. Santander now control those accounts and have claimed that they sent her two letters in 2009 to suggest that they "...had identified problems with the sales of some PPI products and may be entitled to a refund...", and asking her to contact them. However, she never got those letters as she had moved two years prior and had only had one year postal redirection. They now say that her claim is 'time barred' as it is more than 3 years since they wrote to her. I wasn't aware that PPI claims could be time barred ? They are also trying to say that she would only be able to claim if the loan was taken out in the last 6 years, which was not the case. Time barred? Really ? I keep seeing messages to say that PPI cannot be time barred, but don't know on what grounds. Obviously, she's written back to advise that she never had the letters and why, making their argument invalid I would think.
  21. I wondered if any one could comment on the following regarding timescale for retention of old account details. If a credit card account was taken out with ppi in 2000 and defaulted due to financial problems, passed to a DCA in 2006 and eventually paid off and closed in 2009 - Would the 6 year limitation start from the date it was passed to the DCA ? I just need some clarity if possible, if anyone knows. Cheers Baz
  22. Name of the Claimant ? Hoist Portfolio Holding 2 limited Date of issue – 19/2/2015 What is the claim for – the reason they have issued the claim? 1.This claim is for the sum of 5800 in respect of monies owing pursuant to the consumer credit act 1974 (cca) under account number xxxxxx 2.The debt was legally assigned by Santander uk plc to the claimant and notice has been served. 3.The defendant has failed to make contractual payments under the terms of the agreement. 4.A default notice has been served upon the defendant pursuant to section 87 (1) cca. 5.The claimant claims 1. the sum of 5800 2. interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 3/2/15 to the rate hereof 13 days is the sum of 17.00 3. daily interest at the rate of 1.27 4. costs What is the value of the claim? £6300 Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Loan When did you enter into the original agreement before or after 2007? 28/2/2006 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Severe financial difficulty What was the date of your last payment? my credit report shows the account was shut 16/7/2010 with missed payments from March 2009 but im not sure if payments were made in that time. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No What you need to do now. I have acknowledged MCOL Sent CCA and CPR31.14 I received a reply to CPR 3/3/15 as follows - We have acknowledged receipt of your undated letter in which you are making a request under cpr31.14 for documentation mentioned in our particulars of claim. We are currently in the process of retrieving the documents requested. Therefore, please accept this letter as our agreement to a general extension time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate. I haven't received any information regarding the CCA as yet. Do I need to file a defence or just attach the cpr reply letter on MCOL? Thanks in advance
  23. Completely overwhelmed!!!! Can anyone help? Whilst away in France I noticed my Santander credit card had been used to the tune of £4,000. I immediately called the bank to inform them and that the card in question was with me and hadn't even been activated. Cut a long story short.. .it turns out the fraud was carried out on a previous card that had been sent to me in Nov 2013 which had never been used and I don't even recall receiving. When I had a change of name, a new card was sent to me (July 2014) which has also never been used or activated. These transactions were all chip and pin from the 27th Apr 2015 to 6th May 2015 and the places they were used were mainly in shopping centres - Westfield etc. I asked why the previous card had not been cancelled when they sent me a new one - apparently that isn't their rules, although, they are now thinking about doing that! I also asked why they hadn't called or text me to check I was using the card, particularly as it hadn't been used for 18 months and the last transaction was carried out on the first issue card that expired in Nov 2013, hence why they sent another card in Nov 2013, and there had remained a nil balance since Aug 2013. I also asked why they didn't think it was unusual activity? They said because they don't check chip and pin purchases unless someone is trying to spend over the limit of the card or have been getting the pin wrong. SO in essence they are telling me that TOUGH I have to pay the £4,000 bill even though they aren't my transactions. They said that if it was a fraudster they would have tried to get as much money out of the credit card as quickly as possible by purchasing items online and therefore it's my fault that someone knew my pin and is probably someone I know so the police have to deal with it. I have reported it to Fraud Action and given the Crime Ref to Santander. Is there anything I can do about this? I feel they have lacked in their diligence and security. ..for the sake of a text or phone call to check who is using the card and now a massive bill that will take me ages to pay off and affect my credit rating. Thank you for reading! Very stressed and upset!
  24. Hi, hope all are well. Got a few fires burning at the moment, this one has failed even before it started. Summary as follows: Family member, financial problems. Defaulted. Token Payments being made. I sent a C.C.A. Request in April, should have received something start of this month. Nothing arrived. Made a Formal Complaint to the CEO's Office including a 'Account in serious dispute' letter, complaint ignored. Now 2 weeks overdue. Gave them a deadline to reply by. Complained on twitter, they've replied, but they are delaying the situation. [They'll probably figure out who I am by this post I'm sure]. I've given them my own Final Response. What can or should I do now? Stop payments until they reply? Make a further complaint? If so, to whom? I figure that if they can dictate and give deadlines and expect the consumer to abide by it, then the consumer can do the same in return. TIA Kind regards
  25. Hi, I need some advice please. I got into some debt problems back in 2006, I took out an Iva in nov 2006, three months later I lost my job and the Iva failed Feb 2007. I moved home shortly after and I haven't acknowledged any of the debts since Feb 2007.. I don't if I had any Ccjs from any of my creditors, yesterday I received a letter from Santander saying I had defaulted on my loan, the account details sort code etc were from Alliance and Leicester who were one of the creditors on the failed iva. The date on the form from Santander had November 2014 as the loan date, they have charged interest to the account. . Were do I stand on this? What course of action would you advise? Thanks
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