Newbie needs help?

[suzuki dr]

I took a loan out in 2007 but was made redundant in December 2008 my ppi paid out for 12 months. The last payment on 1/2/2010 i went and got some free legal advice and i got them to ring Santander on my behalf i stupidly agreed to pay £45 a Month they said they will not accept anything less. I was getting £50 a week JSA out of this i was paying Littlewoods, Argos, My board and a contract mobile. I made three payments then stopped because i couldn't afford it. I have paid of the contract mobile now and get £61 a week JSA

 

I ignored letters from Santander for abit and then offered a payment of £10 a Month for 6 Months. But i got a reply back from Debt Management And Recovery Services saying thank you for your offer of payment however we can't accept it . I just ignored letters from Santander I then recieved 2 default notices from them served under section 87(1) of the consumer credit act 1974.

I then got another saying this is a letter confirming the termination of your personal loan agreement with Santander and the balance will either passed on or sold to a debt collection agency for recovery.

 

Wescot credit services then started calling my mum answered and when wescot asked for me she said i will just get him. when i got to the phone i didn't answer any questions and just put the phone down had a few more calls but i just put the phone down if its them.

 

Wescots then sent me a red topped letter saying. We have been instructed by our client to collect the balance on their behalf I just ignored this letter.

I then got a letter saying FINAL NOTICE and our latest enquiries have now confirmed that you are still resident at this address again I stupidly ignored this letter and I have now recieved a letter from Nelson Guest And Partners Solicitors saying unless full payment is made or a suitable payment plan is agreed within 10 days of this letter further recovery activity will be undertaken. To prevent further action please ring wescot urgently. I have no intention in ringing them.

 

I don't know what to do shall i ask for a CCA. This is stressing me out so much i havent slept propley for a couple of days because i live with my parents and younger brother i don't want baliffs coming round and taking their stuff.

[PGH7447]

Hi and welcome, first stop stressing, bailiffs and courts are a long way off.

 

OK so you had a loan with skank bank, and then used the ppi for a year, so in effect you acknowldge the debt, best thing to do is write not phone westcotts (and much as it grieves me to say) make an offer of payment to them of what you can afford not what they demand.

 

If they refuse then simply send another letter stating that has you have made a reasonable offer and you have declined then I have nothing further to discuss, at this point they will try and get heavy with sols letters etc, but stand your ground.

 

they either will accpet it or try and take it to court.

 

Also if they refuse report them to the OFT

[Sand-Dancer0191]

Quote:-I then got another saying this is a letter confirming the termination of your personal loan agreement with Santander and the balance will either passed on or sold to a debt collection agency for recovery.

 

Q.If this account has been terminated by the creditor..HOW can wescotts be collecting on behalf of their clients???

The "clients have terminated"

[Sand-Dancer0191]

The Termination is key, because it means they cannot then fix the defective Default Notice, as by then there is no longer a live Agreement capable of having a Default Notice issued upon it.

 

Termination just means the ending of the Agreement, so can take a variety of forms. ???? will probably send a letter, assuming they have not done so already (search your home for that letter if you think they have already sent it), and the letter will say the Agreement is cancelled.

 

Cancel/Terminate/End...all mean the same thing.

 

Likewise, they can also Terminate by doing something that is not in keeping with there being a live Agreement. For example, if you had a Balance of £10k and had £500 of Arrears, then if they demand the full £10k Balance rather than just Arrears, then that is Termination. It is a clear signal that they regard the Agreement has ended, because the demand for the whole Balance shows they no longer regard you as having the Agreement benefit of being able to pay off the Balance stretching out into the future.

 

This is important because s87/88 of The Consumer Credit Act 1974 sets out what a Creditor must do if they wish to Terminate a Regulated Agreement when the Consumer is in default of that Agreement (i.e. in Arrears or has done, or not done something the Agreement required).

 

Read s87 and s88, and you will see what a Default Notice means, and why a Creditor must have a valid one before Termination if they wish to enjoy the benefits of s87...those being the right to take the next step, Terminate and/or demand early repayment of a sum only otherwise due in the future.

 

If they fail to do the Default Notice and Termination stages correctly, then they blow their right to enjoy s87. That then limits them to claiming only what was actually due before Termination, such as the Arrears. Even then, the Arrears are only due if they have an original properly executed Regulated Credit Agreement. No Agreement, then even the Arrears cannot be claimed.

 

You still have the D/N's I hope:whoo:

[Bazooka Boo]

Hm Wetcloths misbehaving again are they, Maybe they have forgotten their last stunt!

http://www.dailymail.co.uk/news/article-484772/Grandmother-terrorised-death-bank-wrongly-hounded-16-000.html

 

So you need to treat them with the same courtesy they treat others! In my book, I wouldn't deal with them at all, and certainly would not part with a penny to prop up their corrupt company.

Wetcloths can collect on behalf of their clients regardless, just because skank bank has terminated the agreement does not mean they cannot instruct a third party to collect on their behalf.

[suzuki dr]

Thank you for your replys:-)

 

Sand dancer i still have the D/N'S it looks like their did everything correctly.

 

Bazooka boo that is a sad story the poor women and her family. It looks like i haven't got a choice and have to deal with them.

 

Pgh7447 I'm still on JSA so the most i can offer them will be about £5 a month if their don't accept it I will report them to the OFT. Are there any proper letters to send or will a simple i'm on JSA and the most i can pay is £5 a month and under OFT guide lines you can't refuse any resonable offer. Sorry about the late reply been havin problems with the computer.

[silverfox1961]

Hi,

If you have a look HERE and go to the first link, there are quite a lot of letters to assist you.

Golden rules

 

1 NEVER phone them

2 Don't sign your name-just print it

3 Send all letters by Recorded Delivery if possible or get a certificate of posting from the Post Office

4 Don't stress the small stuff

5 It's all small stuff

[suzuki dr]

Thank you for your quick reply.

After reading bits on here i'm not stressing that much now after finding out what DCA can and can't do and how liittle power baliffs have unless it goes to court

[Bazooka Boo]

Any threats that you get from these DCA's are just that, threats, treat them with the contempt they deserve, there is ZERO any DCA can or will do, they enjoy threatening and intimidating people who owe a bit of money, they ARE NOT bailiffs by any stretch of the imagination they are uneducated unqualified threat monkey's who have nothing better to do, than to feed off the misery of others.

Any notion that they can collect your doorstep, or want to send some fool round to your property to discuss money, is hilarious and they should be laughed at if they do turn up and then politely told to go away unless they want to be counting the fingers they haven't got!

[PGH7447]

on jsa offer £1 a month