"santander" Responsible Lending!!!!!!!

[cab1ne]

Just received a letter from Santander.

Re “Edge” card account

As you may be aware your card is due to expire in the coming month 10/09. As part of our commitment to ensure that we are lending responsibly, we conduct regular reviews of all our accounts to ensure that we have the appropriate level of credit available to our customers.

Following a review of your account we will not be reissuing a new card and therefore after the defined expiry date on your card the account will only be open for payments. Consequently, you will not be able to make any further new transactions on your card. When you have totally repaid the balance on your account we shall arrange for your account to be closed. This letter serves as notice of our intention to close your account and is issued in accordance with its terms and conditions.

 

I have had this account for about 5 years, never defaulted, never missed, never late, absolutely spotless. The card was originally issued by “GE money” but taken over by “Santander”. I have never entered into an agreement with Santander or GE money regarding the card. The card is like a “freebie” I entered into a 12 month interest free agreement via able2buy for a qtek 9000 PDA from mynewcheap “MNC” group. This edgecard was not on the agreement and no separate agreement or terms and conditions was sent with it.

The terms and conditions Santander refer to are brand new and I have never agreed to or ever seen them.

Question.

When the card expires next month, do I expire the payments?

Is it a termination?

Is it legal?

Any suggestions

cab

[cerberusalert]

Well if there is no CCA then there's no enforceable agreement & I think you know what the consequences of that to Santander are.

 

Egg did a similar thing a year or so ago and closed several thousand accounts.

[cab1ne]

Well if there is no CCA then there's no enforceable agreement & I think you know what the consequences of that to Santander are.

 

Egg did a similar thing a year or so ago and closed several thousand accounts.

 

thanks cerb

thought that was the obvious. looks like When the card expires next month, I shall expire the payments and then watch this space:rolleyes:

 

cab

[cerberusalert]

I think Santander must have realised that these a/cs are unenforceable because of the lack of agreements, so they are trying to limit the damage by closing them before people realise. Obviously by not reissuing the card it prevents anyone obtaining further credit. I wouldn't be surprised if they do not create a 'new' type of a/c and offer a transfer on signing a new agreement.

[cab1ne]

GOOD POINT CERB

 

it just amazes me how they tell you to "naff off" but you still have to pay for it. as far as i am concerned "closed" means "closed". i was ok with the card, but if thats the road they want to take then so be it, they can take the journey by them selves. but you never know with these "plonkers" anything could happen.(could be interesting).

 

cab

[PGH7447]

here another reason

 

never defaulted, never missed, never late, absolutely spotless

Your not making then any money:)

[cab1ne]

here another reason

 

never defaulted, never missed, never late, absolutely spotless

 

Your not making then any money:)

 

"ah" see what you mean

 

cab

[letsgetitsorted]

Hi Cab

just found this link, like you i applied for credit for a computer product, next thing i get this card through,

i dont suppose you have the original agreement you can post up, minus all personal stuff of course.

it will be interesting to compare them.

mine is located here http://www.consumeractiongroup.co.uk/forum/legal-issues/227239-cl-finance-ccj-2.html

 

cheers

lets

[cab1ne]

its been a while, just recieved these, any ideas what to do next.

 

 

 

cab

[freethemice]

A cpr31.16 request for all the information you need would be the appropriate response to this letter. This will buy you some time and let you gather the documents to show wether the other side has a good case or not.

I would also advice that you write to santander and state that you have never agreed to any terms and condition that allow them to close this account in this way and you consider this act as an unilateral cessation of contract.

If they can prove you agreed to the terms and the assignment is correct then you will have to reach payments at a level you can afford.

If not then as a responsible customer it is upon you to state your complaint to them and give them a chance to deal internally. If this isn't done to your satisfaction then it is fos or the information commissionaire. After that the only solution is the courts but you are best adviced to let them sue you rather than going in as Claimant and this will mean saying bye to your perfect credit rating as things like reporting defaults are not considered as enforcement action.

 

If you have the funds available now would be a good time to ask if they would consider a reduced offer for full and final settlement.

[beyondhope]

its been a while, just recieved these, any ideas what to do next.

 

 

 

cab

 

 

aaahhh my friend HC and his cronies very reasonable when making an offer are they not so when you are disputing tho lol

[cab1ne]

A cpr31.16 request for all the information you need would be the appropriate response to this letter. This will buy you some time and let you gather the documents to show wether the other side has a good case or not.

I would also advice that you write to santander and state that you have never agreed to any terms and condition that allow them to close this account in this way and you consider this act as an unilateral cessation of contract.

If they can prove you agreed to the terms and the assignment is correct then you will have to reach payments at a level you can afford.

If not then as a responsible customer it is upon you to state your complaint to them and give them a chance to deal internally. If this isn't done to your satisfaction then it is fos or the information commissionaire. After that the only solution is the courts but you are best adviced to let them sue you rather than going in as Claimant and this will mean saying bye to your perfect credit rating as things like reporting defaults are not considered as enforcement action.

 

If you have the funds available now would be a good time to ask if they would consider a reduced offer for full and final settlement.

 

Mmmm interesting thankyou.

 

i always thought CPR requests came into it when court proceedings had started, there letter states what they intend to rely on, i don't have any POC's from these sol's niether:confused:

 

cab

[beyondhope]

Mmmm interesting thankyou.

 

i always thought CPR requests came into it when court proceedings had started, there letter states what they intend to rely on, i don't have any POC's from these sol's niether:confused:

 

cab

 

 

as far as im aware u can use cpr pre or during action

[cab1ne]

as far as im aware u can use cpr pre or during action

 

ah' lovely jubbly,

 

so cpr 31.16 or a nice complaint letter with a SAR incoporated into it:)

 

cab

[beyondhope]

ah' lovely jubbly,

 

so cpr 31.16 or a nice complaint letter with a SAR incoporated into it:)

 

cab

 

I would suggest either is fine depending on if you want to force them into dropping themselves into the wassitcalled or whether ud like them to drop themselves

[cab1ne]

I would suggest either is fine depending on if you want to force them into dropping themselves into the wassitcalled or whether ud like them to drop themselves

 

you have a nice way with words:p

 

i think i'll let them take me for the ride on this one, we have bigger fish to fry "don't we":D

 

cab

[beyondhope]

you have a nice way with words:p

 

i think i'll let them take me for the ride on this one, we have bigger fish to fry "don't we":D

 

cab

 

Why thank you kind sir LOL

 

Absolutely! Bring on the bigger fish! All quiet here and its been a week! If you come across any further copy and paste jobs that will help with my skeleton please email them over

[cab1ne]

Why thank you kind sir LOL

 

Absolutely! Bring on the bigger fish! All quiet here and its been a week! If you come across any further copy and paste jobs that will help with my skeleton please email them over

 

yes ma lady "will do"

 

were is the latest updated SAR template to be found

 

cab

[beyondhope]

yes ma lady "will do"

 

were is the latest updated SAR template to be found

 

cab

 

fankoo muchly ma lud

 

theres an in depth one in the stickys at the top of the welcome forum if thats any help

[cab1ne]

thanx m8

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/262417-suggested-sar-temp-welcome.html

[cab1ne]

do i SAR cl finehats or santander:)

 

cab

[freethemice]

cpr31.16 is free subject access costs £10

If you do the subject access this goes to who claims to own the debt cl.

If you do the cpr31.16 this goes to the solicitor.

If you do choose subject access legal action will follow as per the letter - cpr will delay this while they find your documents.

 

 

Re: Account number xxx

Dear Sir or Madam,

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy:

1 Credit agreement which bears my signature.

2 Default Notice

3 Termination Notice

4 Deed of Assignment

5 Any other information you intend to rely on.

 

I require this as i have reason to believe that there may be discrepancies within this agreement which may leave it improperly executed.

 

Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on 12/08/2010

 

Regards

[wannabedebtfreesoon]

I notice they're not "relying on" the Consumer Credit Agreement in support of their claim!!!

 

Unless I'm mistaken there hasn't been any "legal action" so far. It appears to me to be a glorified threatogram, designed to 'frighten' you into paying, (I'm sure it works on a lot of folk!)

 

Yes absolutely I agree, CPR 31.16 all the way! I'm a big fan

[cab1ne]

cpr31.16 is free subject access costs £10

If you do the subject access this goes to who claims to own the debt cl.

If you do the cpr31.16 this goes to the solicitor.

If you do choose subject access legal action will follow as per the letter - cpr will delay this while they find your documents.

 

 

Re: Account number xxx

Dear Sir or Madam,

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy:

1 Credit agreement which bears my signature.

2 Default Notice

3 Termination Notice

4 Deed of Assignment

5 Any other information you intend to rely on.

 

I require this as i have reason to believe that there may be discrepancies within this agreement which may leave it improperly executed.

 

Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on 12/08/2010

 

Regards

 

thankyou, very much appreciated

 

I notice they're not "relying on" the Consumer Credit Agreement in support of their claim!!! we share the same view;-)

 

Unless I'm mistaken there hasn't been any "legal action" so far. It appears to me to be a glorified threatogram, designed to 'frighten' you into paying, (I'm sure it works on a lot of folk!) "DEFO" I SHAKE IN MY BOOTS 8)

 

Yes absolutely I agree, CPR 31.16 all the way! I'm a big fan

 

okee dokee 31.16 it is.

 

thankyou "BOTH" (and no special brew)

 

cab

[cab1ne]

after further reading i thought i might send this reply instead:rolleyes:

 

Date: 26th July 2010

Dear Sir or Madam,

Re: Account number: XXXXXXXXXX

your ref: XXXXXXXX

I acknowledge receipt of your letter Before Claim Dated 19th July 2010, Received 22nd July 2010. The contents which have been duly noted.

Please note that in your letter you have quoted the following statement:

Please consider this to be a letter of claim under the practice direction (protocols) pursuant to the civil procedure rules 1998. You have also kindly supplied me with the relevant information as to where this information can be found.

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_pre-action_conduct.htm

You have specifically pointed out part 4. Compliance:

4.1

 

The CPR enable the court to take into account the extent of the parties’ compliance with this Practice Direction or a relevant pre-action protocol (see paragraph 5.2) when giving directions for the management of claims (see CPR rules 3.1(4) and (5) and 3.9(1)(e)) and when making orders about who should pay costs (see CPR rule 44.3(5)(a)).

4.2

 

The court will expect the parties to have complied with this Practice Direction or any relevant pre-action protocol. The court may ask the parties to explain what steps were taken to comply prior with the start of the claim. Where there has been a failure of compliance by a party the court may ask that party to provide an explanation.

However: I feel i must extend that information as a matter of courtesy, reading further into part 4 compliance. Please take particular notice to part 4.4 (1) and (4)

Examples of non-compliance

 

4.4

 

The court may decide that there has been a failure of compliance by a party because, for example, that party has –

(1) Not provided sufficient information to enable the other party to understand the issues;

(2) Not acted within a time limit set out in a relevant pre-action protocol, or, where no specific time limit applies, within a reasonable period;

(3) Unreasonably refused to consider ADR (paragraph 8 in Part III of this Practice Direction and the pre-action protocols all contain similar provisions about ADR); or

(4) Without good reason, not disclosed documents requested to be disclosed.

With this information at hand I respectfully request that you provide me by return, copies of the following:

1. Properly executed Credit agreement which bears my Signature

2. Default Notice

3. Termination Notice

4. Deed of Assignment

5. Any other relevant information.

 

I must stress this request is NOT made pursuant to section 77 / 79 of the Consumer Credit Act 1974, and therefore any unsigned or reconstructed copies will not suffice, only a copy of the original agreement in its unaltered form will suffice in these circumstances.

 

If you are unable to comply with this request or you require more time you must tell me in writing.

I do not view this as an unreasonable request given that by supplying the documents which I have asked for it will allow me to assess if my case has merit and will help me to resolve any matters, without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on 21st August 2010

 

 

Yours Sincerely

Cab1ne