Santander Demanding income and expenditure details, Help!!!

[gem-100]

I have written to Santander to explain that I am curently on jobseekers allowance and that this is my only form of income, I also requested the cca (even though the account was only from last year so I know is not covered by the unenforcable agreements pre 2007), they have not supplied my cca as requested, they have sent me a letter requesting that I supply all my outgoings including other creditors, I send a copy bank statement, and I must get the income expenditure form stamped by the jobcentre, I am currently paying them 5.00 a month which is all that I can afford, instead of 100.00 a month, I have been advised on here that I do not have to give my income/expenditure details to anyone other than a court if requested, how do I deal with this letter?, they have also asked me for phone contact details, I presume it will be so that they can then start calling constantly like EGG do, I really do not want to give out all this information, but they threaten that if I do not do so it may lead to further action being taken to recover the full balance, any help/advice would be greatly appreciated.

[twoman]

Gem,

Let them threaten and take you to court.The judge will see your on JSA and award them £1 per month.Refuse request for I & E details only the judge can do this.BTW going in front of a judge in your case would not be daunting for you he's on your side really and claimant walks out of the room angry because they can'nt get what they want.

What i would do is drop your payments to a £1.00 per month anyway.If they did take you to court the judge can see you are making an effort to pay them but can'nt afford to give them anymore.

[gem-100]

Hi Twoman, thanks for your reply, does anyone know if I can put this account in dispute as they have not sent the cca yet and were requested to do so on 26th August, I am not sure if I can go this route as the account was only opened last year, but surely they should still supply a cca if requested?, any advice would be appreciated.

[harrassed senior]

Well, you know the old say about blood/stones and they know that too.

 

They want your telephone number so that they can harrass/threaten/lie to you etc which in many cases gives them a 'hold' over other debtors who have not discovered CAG and forces them into an immediate payment to 'halt their threats'. Been on the receiving end of plenty of those in my time!

 

As you know, they can 'demand' what they like, but this written demand should immediately be the cause for a complaint by you to OFT and Trading Standards - you can do that online : Consumer Direct

 

I would also advise that you do as above, if you want to write a letter (which they will probably ignore anyway) you can state the above and I like to put: 'following receipt of your letter, I have obtained a Court authored Income and Expenses Guide and calculated my Income and Expenses. I owe you my thanks for bringing this to my attention as I now see that once my Priority Debts and Living Expenses are accounted for I do not have any disposible income with which to pay any creditors, including yourselves. Accordingly, after receiving specialized help in this matter, I can offer each creditor £1 per month maximum until and if my financial circumstances improve, at which time you will be notified.'

[coledog]

Excellent HS, I was thinking along those lines myself. gem, you can also add that your current situation is extremely stressful and affecting your health, welbeing, family etc etc. Any threats/harassement can then be reported to OFT/Consumer Direct etc.

 

You can request a credit agreement at any time and the response time is 12 plus 2 working days.

[gem-100]

Hi and thanks for your replies, I will send the reply to Santander today and remind them that I have requested the cca, could someone please

explain though that if there is a difference in accounts being opened prior to 2007 where unenforceable agreements can be challenged, what

is difference with post 2007 accounts?, would be interesting to know.

[harrassed senior]

Well, not exactly sure myself, but of course one of the factors is the way in which Original Creditors treated their paperwork, in that they did not maintain the original copies in a correct or sometimes any manner. I know that in 2007 various 'loopholes' as such were closed. Hopefully someone with more knowledge will be along to answer that one !

[victoria_siempre]

Hi gem

 

I am no expert but have received a similar letter from Santander afetr I explained i could pay them nothing due to redundancy. My cc is from 2009 and my mortgage is also with them.

 

The CCA will indicate that you know your rights but it is unlikely to be unenforceable.

 

I spoke to a helpful chap, explaining I had no money for proper food so could not pay anything. He said that if I didn't pay their min of £5 then they would just sell the debt on anyway.

 

I would send the CCA and at the same time reduce the payment to £1 as per previous advice.

 

None of this will make them go away or remove your liability but it might stop them mucking you about.

 

Above all don't worry; £1 a month is all they'd get taking you to court. Don't send any further info. don't feed the monster.

 

best wishes

 

vic

[gem-100]

Hi Vic, thankyou for your reply it is very helpful, sorry that you are going through the same thing and that you also have your mortgage with them as well, that is the one thing I am trying to protect, at least being single I get help with my mortgage from the government, I dont agree that an unsecured loan etc can be made a secured debt, I think it is very wrong, there is no warning when we take out these agreements that our homes could be repossessed if we do not keep up payments etc, I am hoping that somehow my creditors will maybe agree to settle before selling on, for as much as they would sell the debt on for, am told it is usually betweeen 10-20%, this would be a great help to me, and by them not supplying the agreements as requested, then I hope to have more of a chance to make an offer. The worst ones at the moment are EGG, they phone me about ten times a day, I never answer as I know its them calling, I have told them I will not discuss it over the phone but they still insist on trying, I have put in writing to them my situation and that I can only afford 5.00 a month at the moment, so no matter how many times they call, it will not change that fact, anyway lets keep in touch and we can at the very least offer each other support, and as we are both dealing with the same lenders we can maybe keep one step ahead

[victoria_siempre]

Wilco gem

 

I have egg as well and morganStanley/BankofAmerica/Aegis depending which day of the week it is.

 

Regards

 

vic

[gem-100]

Hi Vic, almost a full house then lol!, I have six on my back at the moment, have had a great credit record for many years until also being made redundant last October after 22 years with the same company, one thing I have learned for sure is that I will never take out any more credit, I will get this sorted out for sure, I know it will be a long and difficult road, but there is great support on here, and one thing I know is that there could be a lot worse that could happen to me, two friends have been diagnosed with cancer this year, and it puts everything into perspective really, I know my struggle will be nothing compared to theirs, I do feel ashamed of myself though for getting in this situation, I am trying very hard to find employment but it is not easy out there.

[victoria_siempre]

Hi gem

 

don't feel ashamed or guilty - that's the first positive thinking step.

 

These basT*ds had £1trillion of UK taxpayers money through selling mortgages to unemployed people in US. And are still paid £millions in bonuses.

 

In the end it's only 0s and 1s on a computer.

 

We're along time dead; so relish the fight.

 

It is a 70th anniversary.

 

vic

[jimbo45]

Hi there

the whole issue if "Charging orders" whereby an unsecured debt can be made into a secured one needs to be totally looked at again -- especially there is UTTERLY NO MENTION of this fact if you take out a Credit Card agreement -- that's why the interest is usually a wallet busting whopping 27% or so --it's the BANK's insurance against bad debts.

 

Using the loophole in the acts to get charging orders just shows the Banks want to have their cake and eat it.

 

However with new legislation pending Charging orders won't be permitted for amounts less than 20K and for existing charging orders NO FORCED SALE will apply either for under that amount too.

 

Actually even with the EXISTING legislation it's extremely rare for an order of sale to be granted on a property for amounts of debt under 20,000 so the best thing you can do is NOT WORRY even if they get their charging order --- you don't have to pay until you move / sell the property which could be YEARS away so this tactic used by some lenders isn't likely to bring them any money quickly.

 

It like most schemes in Debt Collection is designed to SCARE or FRIGHTEN people into paying up whether they can afford to or not.

 

AS a bonus too once you decide you don't want credit again is that you won't have to worry EVER again what the CRA's hold on you --these companies IMO are EVEN worse than DCA's --you can deal with a DCA but with CRA's there's NO transparency whatsoever.

 

Not worrying about your "Experian" etc credit record is another thing you will never have to care about again.

 

You won't miss it either after a while --it's a LOT cheaper not using Credit cards etc etc.

 

 

Cheers

jimbo

Edited September 14, 2010 by jimbo45