Santander

[geoffcjb]

Hi

i am wondering if any one can help me this is my first time on this forum. I am trying to sort out a debt my daughter has with Santander from a credit card, she did not tell me about it as she was frightened, i got her to contact Santander and the woman she spoke to just confused her with financial jargon. I spoke with the woman and asked what options she could give her, option 1 agree to pay £170 for 3 months, option 2 do an income and expenditure form which i asked for i also asked for a statement covering the inception of the account to date as my daughter has never had a statement i was informed that she would send me the last 3 months statements. We recieved the income and expenditure form but it is required to reduce payments and we do not want this never recieved any statements, i wanted to get my daughter set up to a regular monthly amount. I wrote back to Santander on her behalf and explained that the income and expenditure form was not what we wanted as she has never recieved a staement i asked for a full breakdown so i could see how this debt has accumulated and agree a plan of repayment. All she recieved were 2 letters a day apart informing here of her arrears and total amount outstanding which is increasing at an alarming rate then 4 days later a letter came from Viking collections asking here to contact them to make full payment or to discuss a payment agreement. I am at a loss at what is the best course of action, because Santander never responded to her letter requesting a stament from inception we dont know what charges are being applied to the account as none are shown in the letters. Should i send a CAA letter to Viking and Santander any help greatly appreciated Geoff

[cerberusalert]

post moved & new thread created.

[cerberusalert]

send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[Seminole]

This sounds really strange.

 

You say that she has never had a statement. Does she actually have the card? Is this possibly a case of ID theft?

[geoffcjb]

Hi

thanks for your help just a quick question the CCA you have sent to me the wording in red should i delete all of this as she has not had any telephone contact yet, also i want a copy statement from the inception of this card so i can see how the debt has accumulated is there another line that i can add and send them a £10 cheque.

 

Thanks Geoff

[cerberusalert]

Yes you can omit that, send it to Viking.

 

To get a full breakdown of the charges and the history of the a/c you will need to send a SAR to the Data Controller at Santander; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca this costs £10.

[rebel11]

Hi geoffcjb

 

Has you daughter got any Penalty Charges on the Credit Card, also has she been mis-sold PPI on the Credit Card. Both worth checking out and both claimable with interest. You can get at least 6 years worth back.

Statements are fairly easy to get hold of.

[cerberusalert]

Hi geoffcjb

 

Has you daughter got any Penalty Charges on the Credit Card, also has she been mis-sold PPI on the Credit Card. Both worth checking out and both claimable with interest. You can get at least 6 years worth back.

Statements are fairly easy to get hold of.

 

All that will show up with a SAR.

[geoffcjb]

Hi

sent Viking the above letter included a £1 cheque off my dad also wrote to Santander sent them A data protection act letter asking for all information held including all statements sent them a cheque for £10 pound off my dad, received a letter from Santander relating to the Viking letter relating to the CCA on the copy of my letter written in ink CHQ £1. I am positive i did not get the letters mixed up feel like they are trying to mess me around if i did make a mistake and i'm sure i didn't the cheque was made out to Viking no mention of this. I will now have to send the letters again should i reply to the Santander reply to the CCA or not.

[hillards]

...feel like they are trying to mess me around...

Interesting 'whistleblower' post on another forum that may help explain this... http://www.moneysupermarket.com/community/forums/p/39097/debenhamssantander-cardsviking-collection-service-166329.aspx

 

In the second paragraph it says "We pretend we've already sold it on and call ourselves Viking.". They go on to add things like that "...if we think your lying..." and then "When you call us, be nice" !!!

 

I thought it was a strange, but funny, post by one of their employees anyway... I can't figure out how paying and getting a refund bring the account up to date, but maybe that is how their accounting system works and we should all do that... ;-)

 

Forfot to add - don't believe a word of what a Santander/Viking employee says anyway - the start of the third paragraph sates "All credit agreements under Santander Cards are legally enforcable" and we know that's rubbish!

Edited August 8, 2010 by hillards
add last para.

[geoffcjb]

Hi

thanks for all your help i have received print outs from a computer screen regarding all transactions on the credit card account it shows transaction date, transaction type, amount and original amount, as this is a print out from a computer screen there is other information that one would have to scrooll left to see they have not sent me this none of the print outs show were atm withdrawls were made. Will i have to send another £10 to request this information or can i request it from the original £10 as they have not sent me all required information held as required under the SAR i sent them.

[cerberusalert]

No you don't have to pay again, just write and tell them what you still require.

[Surfer01]

As you are disputing the debt, they had no right to hand it over to a collection agency and can be reported for doing so. Tell the collection agency to hand it back as you are dispuiteing the debt and if they don't report them to TS.

[geoffcjb]

Thank you for your post and support.

[geoffcjb]

Thank you for the quick reply will keep you up to date

[geoffcjb]

Hi again since my last post my daughter has recieved statements we still dispute, also she has had a debt recovery letter sent to her from Moorcroft debt recovery i sent them a CCA letter, then she recieved a final notice letter from Viking collection service who never responded to the CCA we sent them. Both letters show different outstanding amounts should i write to Viking again and if so what do i write, and just thought i would put this in she closed here Santander bank account months ago and has just recieved a letter from them telling her that her account is overdrawn.