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kstaplet

Cahoot Flexi Loan and now DMRS

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So, the story so far:

CCA'd Cahoot regarding FlexLoan last November, did not meet the 12+ 2 days so account fell into dispute, in december, jan and feb i still made payments to this account, but far lower than minimum payment (50 pouns per month). Finally received CCA in Feb '09 and upped payment to 250/mth - still below the minimum (but not by much) as this is all i can relistically afford.

 

Cahoot proceeded to send me the usual threatening letters during this time, and sent me 3 default notices in one envelope in March (for dec, jan and feb). I've just ploughed on and cotinued to make the 250/mth payment and on May 20th, after a another threat-o-gram i called them. This 13min 33 conversation is recorded on my phone for safekeeping and the woman on the other end tried to word the same thing in several different ways (regarding clearing the arrears) - i told her that 250 is all i can afford and it didn't matter how many ways she wanted to slice it, that was all i could pay.

 

25th May, another letter saying i was in arrears, then all quiet... (although the 250/mth has continued to leave my account as a SO every month) Until Saturday, when i received a letter dated 29th/06/2009 from Debt Management and Recovery services Ltd with a notice of default and saying that they have been asked by cahoot to recover the full amount.

 

It still stands that i can only afford to pay this amount, and thats it, but i'm a bit confused over the process that should be followed here - if Cahoot passed this to DMRS:

(a) Why haven't they sent a Default Notice?

(b) Why haven't they sent a notice of Termination?

© How can DMRS issue me with a notice of default?

I see that DMRS are part of Abbey, but i'm sure i've seen on here there's a process that should be followed vefore passing to another party? Hopefully someone can clarify this one for me.

 

The CCA is valid, as its identical to the other FlexiLoan agreements from Cahoot posted on here. It does seem that they've stopped interest on the loan, which i guess signalls that the agreement has been terminated, but i've not had a notice of this. I'm also waiting on a response to my SAR as there are charges on this account, but their customer services department are atrocious with things like this - maybe due to being bought by Santander - too many siestas methinks :-) - so i'm not holding my breath for my statements...

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The account can be assigned for collection without termination. Did DMRS send you a notice of sum in default or an actual Default Notice?

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The account can be assigned for collection without termination. Did DMRS send you a notice of sum in default or an actual Default Notice?

 

Its Headed: 'Default of Payment' and lists the balanace amount. Will try and get it posted up here but no scanner and can't find camera USB :-(

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No one can ask you for the full balance unless you have been issued with a proper Default Notice. You must by law be given the chance to remedy the breach of the agreement. It doesn't sound like a Default Notice - does it have that it is a Notice issued under section 87 (1) of the CCA 1974?

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Hey everyone,

yesterday i received a letter from APEX regarding this account - as it stands i have been continuing to pay the amount i can afford (which is a fixed amount). i have also posted the exact sequence of letters i have received below from Chaoot, DMRS and then Apex. To date, i am still awaiting my statements from an SAR, which was sent at the beginning of June. Does anyone know what the next course of action will be on their side? I still don't Understand how they can pass it to an external company without having received a Termination Notice, but someone has mentioned that they can send it out to collection without termination...

 

 

May 2009: Cahoot

http://i296.photobucket.com/albums/mm166/kstaplet/cahoot_may.jpg

 

June 2009: DMRS

http://i296.photobucket.com/albums/mm166/kstaplet/dmrsjune.jpg

 

July 2009: DMRS

http://i296.photobucket.com/albums/mm166/kstaplet/DMRSJuly.jpg

 

July 2009 : 2nd Letter DMRS

http://i296.photobucket.com/albums/mm166/kstaplet/DMRS_July2.jpg

(this is a weird one, as no offer of payment was made, i simply told them what i'd told cahoot that i was going to be making fixed payments at the same time every month, and told them to check their own CRM on the history of the account)

 

August 2009: APEX

http://i296.photobucket.com/albums/mm166/kstaplet/Apex_august.jpg

 

Now, to be clear, i'm not trying to get out of anything here (if you look at the balances on each letter, it is going down), but i'm not going to be pushed about, harassed or bullied by any of these companies when i've told them repeatedly the steps i'm taking to reduce this balance - i believe there are unlawful charges on this account but i've never dealt with a company that is so lacksidaisical (?!) ... with regard to genuine requests for Data which they should be abiding to as per laws set out regarding Data Protection. I feel sorry for anyone that has an account with a Santander Group company if they can't even sort out basic requests!

Edited by kstaplet
last link wrong

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Santander dont know their @rse from their elbow (hubby used to work for Abbey)

 

it took them 3 months to close down a current account he wanted to close. he had to sign a request 5 times and call numerous times. They kept reissuing debit cards. Muppets!

 

sorry its not much help but good luck x


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Hiya,

 

 

really need to wait on the sar return to check outthe Dn and termination notice

 

ida x


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Hiya,

 

 

really need to wait on the sar return to check outthe Dn and termination notice

 

ida x

 

thanks, ive contacted them again about the sar - they've asked me for the proof of delivery on their side, which i've duly provided, so it looks like they've lost the request...

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I have now provided cahoot with the proof of signature (via email) and their contact centre have replied seemingly confirming that they've lost the SAR. In fairness, theyve been quick to reply and offered to re-emburse the postage cost and the 10 postal order by sending them the receipts.

However, they have said that as i'm asking for a full SAR and not just statemets, it could take a full 40 days to fulfil:

Dear ,

 

I have arranged for the requested information to be sent to you. As the information required is very specific I have been advised that it may take up to 40 days for the documents to be delivered, but the relevant department will try to collect the information needed as quickly as possible.

 

Please accept my apologies for any inconvenience that this may cause.

 

As previously advised we will reimburse you for the recorded delivery fee rand the postal order if necessary. Once you have contacted the Post Office please let me know and I will arrange for a cheque to be sent to your home address.

 

In fairness, the contact centre have been very helpful on this one. However, i'm not sure how i should be dealing with APEX now. i'm just making payments to cahoot regardless, but can APEX actually take any action against me with this still outstanding?

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mmm - this one's gone a bit strange now - i have had absolutely zero contact from the cahoot clowns for almost a year now, but a series of emails from cahoot saying that the loan was transferred to Santander in March. I have now had a letter from Moorcroft 'pre-court' division saying how they will do this and that to me unless i pay up.

 

Thing is, i have been paying a fixed amount far in excess of what the minimum payment would otherwise be for 10 months now, so i don't really know whether to reply to them or not - i haven't had a notice of assignment so i not sure what purpose this moorcroft is serving to be honest.

Should i respons or just wait?

 

By the way, the experience with cahoot has tought me never to go near any Santander backed financial product ever again - all the best to A+L customers because they genuinely don't seem to know their head from their ar$e at the moment!

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I've had similar problems getting SAR from cahoot, it's likepulling teeth

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I've had similar problems getting SAR from cahoot, it's likepulling teeth

 

wouldn't hold your breath... took them months to send me mine - now that Santander seem to be trying to wind up cahoot, its likely to take even longer - when i did get the SAR it was pretty comprehensive - minus the records of them sending me two back dated 'notice of default' letters and and record of the account being handed to DMRS or Apex... so if this Moorcroft business continues, it'll be another SAR going in as i'm curious to compare the two to see if anything has been retrospectively added in....

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