Debt Managers aggro

[Ilike banks]

My wife has been chased by debt managers for several years now and has been paying a small amount every month which we can ill afford.

 

It is for an Abbey, now Santander account.

 

she recently got a default notice from them saying she hadn't paid and was £5 in arrears.

 

I checked the bank statements and the cheque sent to them had been cashed so there were no arrears at all!

 

I CCA'd them and aslo told them the cheque had been cashed etc.

 

They wrote back saying that the debt was for an overdrawn current account with Santander, but they were obtaining statements from them and would revert back to her when they had recieved them.

 

Sooooo, ok, lets see what happens. So the next payment isn't due to these people - yet today my wife gets a notice of proceedings. Not too sure of the best approach here, although I will write back to them.

 

Not sure where we stand if i is in fact an overdrawn current a/c, but I am pretty sure the default notice is not correct.

 

Any ideas folks?

 

 

 

 

 

 

 

 

Edited March 23, 2011 by Ilike banks

[Ilike banks]

I don't want to stand any nonsense from this lot - they do seem to be very self important - but I would prefer to know exactly where wifey stands before writing back to them. It would appear that they are not terribly intelligent though.

[OnMyWayOut]

Remove the Post Office barcode in the first scan - it gives away your postcode and house number.

[izzitme101]

there is a way to handle these clowns, ive been paying off my overdraft for the last 3 years through these.

I make it clear to them what i will pay and when, as im in and out of temp work still, when i receive their letters saying i agreed to more, they get ignored, and i pay what i can.

I write to them each 3 months to detail my circumstances, with no I@E form, to tell them what i will pay.

Each time they try to hassle me, i purposely miss a payment, this if course genertates phone calls which are easily ignored.

After about 14 months of this, they finally accepted that it gets paid my way, not theirs, and all i get is an occasional random letter to ignore.

I had in total so far, 8 letters threatening court, to which i usually respond with a letter telling them to make sure they make the claim at my correct address.

[Ilike banks]

Bump here!

 

Wonder if anyone could tell me if this company can issue default notices 9I have no written agreement with them) and also if the one they have sent me is worth the paper its written on?

[cerberusalert]

The DN doesn't conform to Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.

[Ilike banks]

Thanks for that Cerberusalert, Do you happen to know of a link expalining what is required of a compliant default notice?

[cerberusalert]

Here you go;

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.pdf

[cerberusalert]

What they've sent is more a Notice of Default rather than a Default Notice, they are different animals. A DN must be formatted in a certain way & give you 14 days to remedy.

[Ilike banks]

So whats the significance of a notice of default and a DN please?

[cerberusalert]

A Notice of Default is just to say that you are in arrears & what you need to put the a/c back in order, whereas a Default Notice is required giving you 14 days to remedy before they can register a default on your credit file.

[Ilike banks]

Ok, cheers. They had had the normal monthly payment anyway, so they are muppets.

[hillards]

Ok, cheers. They had had the normal monthly payment anyway, so they are muppets.

 

That sounds like a very reasonable reply to them...