Santander - Link & GE Woodchester - HP issue

[mrscollins]

Hi all

 

Longtime lurker here looking for some help please.

 

I requested to VT my HP agreement that was taken out with GE in 2005. I wrote to Santander (as they had taken over GE) in August 2009 requesting HP and was sent the relevant paperwork.

I sent the form back right away and a cheque for the uplift within 21 days. After much to-ing and fro-ing back and forth I received a letter from Santander in December saying that I was not allowed to terminate due to arrears. I had arrears in September and was not advised of this. I must note that I have paid more than half of the Total Amount Payable as well as the amount the arrears come to. Now this evening I have received a call from Link Financial regarding this and threatening court action. Surely if I was not allowed to VT due to arrears this should have been pointed out when I first requested this course of action?

Any advice would be very gratefully received as this has been going on for the past 6 months and I am scared I will be taken to court.

 

Thank you.

[Bazooka Boo]

Postgii will be able to help you out on this, as HP agreements are his thing.

 

And court is nothing to be scared of, they merely threaten this with the intent of scaring you witless and bending over backwards for them.

 

So don't be afraid of it, each time they mention court just nonchalantly reply, Um, yeah I'm free next Tuesday, will that be OK?

 

They are more afraid of courts than they let on believe me!

 

Boo;)

[mrscollins]

Thanks for the reassurance!

 

I really do not want it to come to that. I am really annoyed with Santander as I have repeatedly requested that they honour the request to VT. Now, tonight, with no notification that they have sent the debt to a DCA I get a call from Link Financial! Are they allowed to do that?

I told the man on the phone to put everything in writing as I was not prepared to talk on the phone. The interesting thing is, he referred to GE Woodchester and not Santander :-?

 

Mrs C

[Bazooka Boo]

They are all a law unto themselves ignoring all of the guidelines and really stretching the limits of consumer law.

 

You did the right thing by telling them you won't speak to them over the phone, that's the best way to deal with these eejits.

 

Keep everything in writing if they continue to ring then hang up.

[mrscollins]

A little update on this situation. I received a letter today from Link claiming my debt has been assigned to them from Santander. I have no notification from Santander that this is the case.

Can they do this?

 

Also they have asked for payment within 14 days, actual quote is, within the following 14 days. Following what? I thought they had to have a specific date.

 

It was also interesting to note that the letter is dated 1st Feb 2010, but the assignment allegedly took place on 21st Jan 2010.

 

What is my next step to better resolve this? I do not want to shirk my debt I just want to exercise my right to VT the vehicle. I have definitely paid over half the amount owed.

Anyone?

 

Thanks in advance.

[Bazooka Boo]

A little update on this situation. I received a letter today from Link claiming my debt has been assigned to them from Santander. I have no notification from Santander that this is the case.

Can they do this?

Yes they will often do this, normaly with a letter from the first DCA saying that they have passed it onto XYZ.

 

Also they have asked for payment within 14 days, actual quote is, within the following 14 days. Following what? I thought they had to have a specific date.

 

It was also interesting to note that the letter is dated 1st Feb 2010, but the assignment allegedly took place on 21st Jan 2010.

 

What is my next step to better resolve this? I do not want to shirk my debt I just want to exercise my right to VT the vehicle. I have definitely paid over half the amount owed.

Anyone?

 

Thanks in advance.

 

I'll give Postgii an nudge see if he can help.

 

Boo;)

[Bazooka Boo]

Just tried to send Postgii a message, but his inbox? is full!

 

So I'm hoping he will see this and read it.

If you need urgent help then click on the red triangle........

 

 

 

 

 

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[PGH7447]

standard link threat, by the quote within the following 14 days means they want you to cough up the dosh asp,

 

did they cash the cheque you sent with the VT paperwork?

 

If yes then they have bound themselvs to that VT.

 

send link a short sharp reply saying that until the VT issue is resolved to a satisfactory degree then the account is in dispute and that you will have nothing to do with them.

 

Try this

 

Dear Cretins at link

 

This account entered into dispute when Santander offered a VT amount which was duly paid on date xx.

 

since then they have "Cashed the Cheque" if they have, so I consider this account closed. if santander dispute this then I will only deal with them and not some firm hired by them.

 

regards.

[mrscollins]

Many thanks to both of you!

 

No they never cashed the cheque, they claimed not to have received it and so I sent another (both recorded delivery) which they also never cashed. It seems to me that they are trying to avoid allowing me to VT in the hope I'll give up! Am too annoyed now so that will NOT happen! LOL.

 

I'll send the letter telling them where to go and take it from there.

 

Again, both of you, thanks for the advice.

I'll keep you posted.

[PGH7447]

did they sign for the recorded mail?

 

seems that someone jumped the gun at santander and they are desperatley trying to cover their arses.

 

maybe worth asking an independant advisor on any grounds for making them honour their side of this

[mrscollins]

did they sign for the recorded mail?

 

seems that someone jumped the gun at santander and they are desperatley trying to cover their arses.

 

I think you may have a point there.

 

maybe worth asking an independant advisor on any grounds for making them honour their side of this

 

I was considering writing to TS and OFT about this as Santander had agreed to the VT and then suddenly it was a no-go on the grounds of arrears, which incidentally where on the account BEFORE the VT request and were only on it due to their inability to reinstate my direct debit details again, despite having sent these details twice. Is there anyone other that TS or OFT you could suggest? I have searched online for the name of the main person at Santander but no joy.

I am sick to the back teeth of this whole situation!

Thanks again.

[PGH7447]

Try citizensadvice, for starters failing that look in your local yellow pages for a solicitor or accountant that would look at your case for nothing in the first instance, then see what they say.

 

personally, I would also write to TS and the OFT and the FOS - the more the merrier, also sent a carbon copy to santander to keep them abreast of the situation, they dont like adverse publicity

Edited February 6, 2010 by PGH7447
my spelling is rubbish

[Bazooka Boo]

Santander Group (formerly Abbey) Antonio Horta-Osorio [email protected] http://www.abbey.com Part of Santander Group

 

CEO e-mail addresses - CEO email address - chief executive officer - managing director - UK GB england

 

There you go, the CEO's contact email.

 

Cheers PGH, forget there is more than one expert!

 

Boo;)

[mrscollins]

Brilliant! You are both stars, I'll do this to be going on with and let you both know what happens.

 

Cheers!

[mrscollins]

Little update on this situation.

 

Got my credit report from Experian the other day and was angered to find that Link had registered a default against me! Despite the fact they have never at any point in time sent out a default notice! What is the legal standpoint on this? Does anyone know? I am extremely angry to think that my credit rating will be ruined for 6 years all because of these ****.

 

Can a DCA register a default without telling you?:-?

[DonkeyB]

Did the original creditor, GE/Santander, ever register a default? Or send you a default notice?

 

Remmeber, registering a default is not the same as sending a default notice, but one certainly implies the other.

[mrscollins]

Hi

Thanks for replying. No there was no default from the original lender.

Does that make a difference?

[mrscollins]

Hi

I would really appreciate some help with this isse, if anyone out there can advise me what to do next please?

 

To sum up the situation:

 

I asked to VT my HP agreement with the OC

 

They said I could not due to arrears (which i have since found out is incorrect).

 

They sent a DN which is invalid - it does not allow 14 days to remedy and has the charges added to the arrears figure.

 

They sent a termination letter which is, I believe, unlawful recission as the DN is invalid.

 

They sold the debt on, despite not answering my question about the arrears figure.

 

I have written numerous letters now to the OC pointing this out and quoting the relevant areas of law that are being breached to no avail. The original creditor just keeps replying and informing me it was sold to Link and I should deal with them.

 

I sent a SAR to Link to see what information they held on me and have noticed:

 

1. The default date is incorrect

2. The default is registerd with the CRA BEFORE the debt was assigned

3. The letter i got from Link stating the debt had been assigned was not from the OC, just Link claiming to have been assigned it

4. The £10 I sent to pay for the SAR has been credited to the account.

5. The letter which accompanied the SAR also informs me a £5 admin charge has been applied to my account. Why is this, when I sent £10 for the SAR?

 

What can I do next? I want the default removed from my account and am quite happy to now pay off my balance in full if this happens as my financial circumstances have improved. No one seems to want to listen!

 

Please help!

Edited May 29, 2010 by mrscollins

[Bazooka Boo]

Pgh??

[mrscollins]

A little update:

 

I have decided to update TS, FOS and the OFT wrt the latest development in this on-going saga!

 

I intend to send them copies of the DN, NOA (if indeed it is a true NOA) termination notice and transcript of what Link sent as a response to my SAR request, along with my original complaint letter outlining where I believe the OC has breached the law and emphasising to them that I will be more than happy to settle the account if they remove the default.

 

Does anyone have any suggestions as to what else I should enclose? I'd really appreciate a steer on this?

 

Thanks,

Mrs C

[mrscollins]

A little update on this case.

 

I received a letter from the FOS stating that they believed the DN to be valid and the business has not acted unreasonably.

Very disappointed about this and feel compelled to write back and point out that it does not matter what they believe, facts are facts, the DN is invalid. I will reply and let the adjudicator know I wish it to go to the Ombudsman. Not holding out much hope at all. What is the point of having laws if they are not upheld?

 

If it is not upheld, what further recourse do I have after FOS?

[Bazooka Boo]

It won't hurt to correct the FOS and show them why the DN is faulty, and state the particular regs that have been ignored, with a little luck they might actually read your complaint and redress the situation in your favour.

[mrscollins]

Thanks for answering Bazooka Boo.

 

I will reply to the FOS and point out exactly which consumer laws are being breached. What really irritates me is that I already provided all of this information to them, pointing out exactly how the DN is invalid and the response was along the lines of..."I believe the business acted reasonably and fairly..." and "I believe the DN is valid..."

Stunning in its audacity really.

 

What chance do you have if you point out the law is breached and the Ombudsman merely shrugs his shoulders at it!?

If it is not upheld I definitely want to take this further, where would I go after FOS? Who is higher? Who holds them to account?

Edited August 21, 2010 by mrscollins
spelling

[Bazooka Boo]

The point isn't whether they acted "Reasonably & fairly" it's whether they acted lawfully and within the guidelines laid down.

 

I have no idea who polices the FOS, but I would use and exhaust their own complaints procedure first.

[mrscollins]

I'll point that out and ask why the law seems to have been disregarded up till now.

 

Thanks for your nterest, I'll keep the thread updated.