Santander/CCM issued claim for car finance on faulty DN/term - refused £1PCM sold it on

[teaboy2]

It does start to look like there are so many errors it's actually creating work to keep a proper track of them all to list them back.... not the kind of extra work you mind doing theough lol

 

Agreed, especially when it is a £4,000 loss to the DCA cowboys. though they probably only paid 10p in the pound for the account, i.e. £400

[Bazooka Boo]

Why are the figures different from satansbank and CCM?

[Always Struggling]

TBH I don't know. naomi mentioned it to me on the phone last night but I forgot about it while sorting out the pdf upload. It does appear there is nearly a £1k difference for some reason. A typo maybe ? Meant to mention this last night but with there being so many errors to keep track of lol.

[Bazooka Boo]

There is sweet FA that will make any difference by Monday, Tuesday, or even Wednesday morning, it was just an observation........

[naomi25]

i have sent off the 2 letters and a copy of the invalid default notice to the DCA today, so will now just wait to hear from them, thanks for all your help upto now

[teaboy2]

no problem let us know what they respond with

[naomi25]

have today received a letter from the dca stating that they are sending a debt collector to my home address, not sure what to do next with regards to this letter, would appreciate some advice from someone please, thanks

[teaboy2]

hi naomi, chances are your letters and the one you got today crossed in the post, or they have not yet read your letters as it can take a few days for them to process the content with their tiny little brains.

 

Just send them the following and include a reference to your previous to letters - http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 

keep us updated.

[Bazooka Boo]

have today received a letter from the dca stating that they are sending a debt collector to my home address

 

Treat the imbecile like you would someone selling pegs!

They have ZERO legal right to be on anyone's doorstep demanding money, but for some reason they still think that using this very tired empty threat will have some sort of miraculous result. Just indicative of how inept & incompetent the people working for them really are.

 

Ignore them.

[Always Struggling]

Should letters of complaint to OFT, FAS, Consumer Direct and/or FOS about Santander's actions and CCM start to be sent now or wait until further down the line? Am I right in thinking that CCM, by purchasing the debt, would therefore be classed as associates of Santander and therefore their actions would also reflect back onto Santander or are they classed as a seperate entity in their own right and Santander not responsible for their actions?

 

What would also be the level of complaint in regards to passing personal information while being non-compliant to the CCA request? I have tried to find out as much as i can but can't quite figure out the responsibilities in this situation. If the CCM (who would now have received naomis' letter) passes any information on are in fact acting illegally now etc.

 

If, in the case of someone calling round, they don't desist and recall their 'agent', they are compounding their actions further by not ceasing all current activity in regards to chasing the debt?

[Bazooka Boo]

The OFT&TS can be informed by calling Consumer Direct. http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

This should be done ASAP!

 

If you dispute an account, or the alleged amount they say is owing, then they have a clear responsibility to stop ALL collection activities until they have supplied you with a satisfactory response and investigated your complaint.

 

Any moron who then attempts to chase you for this alleged amount is clearly acting in breach of the OFT DC guidelines, for a start, and you DO NOT have to even give them any response, just report their pathetic puerile backsides to the OFT, TS and the FOS.,

[Always Struggling]

Hi Bazooka, should naomi make any complaint to Santnader or CCM first......or just make the complaint straight away through directgov to OFT/TS?

 

Should a complaint also go off to the FOS? (ignore.... just read link to do with FOS)

 

Found this link on the site for local contact numbers (not 0845 etc.) I hate calling those 0845 numbers lol

 

http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_196191

Edited May 29, 2011 by Always Struggling

[naomi25]

Hi, yesterday i received these letters through the post, after not hearing anything from the dca since May 2011. I am not sure what to do next? They have also phoned me twice Friday and yesterday and have told me that if i do not contact them in the next 5 days then they will take things further. Would just like some advice and what type of letter I need to send to them. Any help will be much appreciated

 

Many thanks

scan0009.pdf

[Always Struggling]

Reading back over the situation, I think it might be an idea to make a SAR to them. Find out exactly what information they do hold at CCM. These letters would appear to be somewhat out-of-date, strange.

 

Santander never complied with CCA request, CCM obtained account when in unlawful rescission, CCM holding an invalid DN... perhaps have a look up of CRA's to find out if they have processed any info since they got the section 10 letter would be an idea. All would be evidence to show OFT/ICO/FOS that both Santander and CCM have little regard for their duties and responsibilities.

 

Personally, I would send SAR to CCM in the first instance, this should then confirm the paperwork they hold and use is invalid.

It shold also include a copy of your section 10 letter sent to them earlier this year, showing to ICO that they are blatantally ignoring the rules and guidlines in relation to data processing.

 

I would then send written complaints to OFT/FOS/ICO showing all the infringements committed by both Santander (failure to comply with CCA) and CCM.

 

If they continue to pursue the debt still after sending the information under a SAR I would then begin a claim of my own through court for breach of data protection.

 

In my opinion, by giving them a second chance, you are able to clearly show a court you have been more than reasonable and have tried to point the errors out which CCM would be ignoring and strengthening your case against them.

 

Maybe others would have a different approach naomi, just my take on it at present.

[Always Struggling]

naomi is having a problem with her pc and asked me to ask for advice:

 

She sent off a SAR to which she has had no response. She has now got a notification from the court with CCM applying for a ccj against her.

 

She doesn't (nor do I) know how best to respond.

 

The DN as posted initially is not currently enforceable, nor have they complied with the SAR.

 

What should she put in her response to the court? Date for reply is by Monday 13th in the first instance.

[Always Struggling]

The N9(a) / N9(b) for court has to be back in by Monday 13th Feb - if someone could please give some advice on how best to proceed.

 

CCM have not yet complied with the SAR. The DN in it's current format is not compliant.

 

What she needs to know is how best to word the response back for a defence on the N9(b) to court .

 

Is the simplest thing initially to reply with the acknowledgment of service then look into the defence with faults on the DN and non-compliance of SAR over the next week or two?

 

Personally I think it best to acknowledge in the first instance to allow more time at least to check with folk here how much of a defence she has.

 

Can someone please advise

 

Thx

[Bazooka Boo]

Click on the black triangle to ask one of the site team if they can advise, unfortunately this isn't my area?

[The Mould]

The N9(a) / N9(b) for court has to be back in by Monday 13th Feb - if someone could please give some advice on how best to proceed.

 

CCM have not yet complied with the SAR. The DN in it's current format is not compliant.

 

What she needs to know is how best to word the response back for a defence on the N9(b) to court .

 

Is the simplest thing initially to reply with the acknowledgment of service then look into the defence with faults on the DN and non-compliance of SAR over the next week or two?

 

Personally I think it best to acknowledge in the first instance to allow more time at least to check with folk here how much of a defence she has.

 

Can someone please advise

 

Thx

 

The Acknowledgment of service ("AOS") is the only form that requires to be completed at the present time (if naomi is Defending), fill out and cut along the dotted line. What date is stated on the N1 Claim form?

 

After filing the AOS, which should be undertaken within 14 days of receiving the claim (N1 Claim form), naomi will then have a further 14 days in which to prepare her Defence and file it to the Court.

 

I think this thread ought to be moved to the legal issues forum as proceedings are afoot.

 

Kind regards

 

The Mould

[Always Struggling]

She said 31st January although it didn't arrive until a few days after that date.

 

It's been sent back RD today also.

[naomi25]

Sorry have not been on myself but having problems with my pc at the moment and cant afford to get it fix

 

Can someone please help me with regards to the points I am wanting to put down as my defence also which points I can use in my counterclaim I am not 100% sure so help will really be appreciated.

 

Non compliance of my CCA request sent on 28/4/2011 along with £1.00 postal order (need to contact Post Office with regards to confirmation of dates), nothing heard back from them.

 

Non compliance of SAR request sent on 10/11/2011 along with a £10.00 postal order (need to contact PO with regards to confirmation dates), again nothing heard back from this.

 

The default notice has an incorrect timescale - Can someone please just double check this for me?

 

The figures on the termination letter and the actual amount being claimed are different

 

Santander appear to have failed to comply with their own consumer guidelines, I made an token payment offer on 09/02/2011 but this was neither accepted or declined as never had a response back from them.

 

Can someone please tell me if the Notice of Assignment is correct?

 

Can someone please help me with help putting together my defence and counterclaim as not sure how to do this.

 

Any help will be very much appreciated

 

Thanks

[naomi25]

Dont no if this will be any help but below is my POC.

 

An amount due under an agreement entered into by the defendant and Santander Consumer Finance that has been assigned to the claimant.

 

And the claimant claims:

 

1. 4049.81 Account No. XXXXXXXXXXXXX

2. 290.25 interest there on calculated as set out below to section 69a of the County Court Act 1984.

3. Further interest at the rate of 0.89 per day (8.00% p.a) from the date here of until judgement or earlier payment

Invoice Invoice Invoice Rate Interest

Number Date Amount (%) ( )

SHORTFALL 07/03/11 4049.81 8.00 290.25

 

 

[naomi25]

Also would someone please be able to advise me on what to put in my CPR as not sure what needs to be put in

 

Thanks

[Always Struggling]

Pretty sure the CPR should be asking for your agreement and notice of assignment.

 

I don't think there is anything else you can ask for. (someone should confirm this)

 

Not sure on the interest part of the claim being added or how legit that is.

 

Can you confirm the date on the papers you got from the court please.

I think you have 5 days + 14 to acknowledge (which you have done already) then a further 14 days to enter your defence.

 

Working on 31st Jan as in post above, 14 days + (5 for post) AoS by 19th Feb. followed by further 14 days (it would be 4th March to get defence in by need this checked, personally I would probably phone the court and get a definate date for your defence to be submitted by

 

Hopefully someone will be on the thread to confirm what I have put.

 

Have a read up on these links for similar threads to your own situation, the first link (post #25) has an template for your CPR, edit accordingly with your own info required (agreement and NOA)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?336375-Court-claim-received-Please-help/page2&highlight=non+compliance+defence

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?328237-Help-please-court-case-against-mbna-**-first-ever-**/page2

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?293934-Courts-action-HSBC-via-DG-with-invalid-Default-Notice-and-no-signed-CCA-%28HSBC-letter-saying-cca-not-available%29/page2&highlight=no+cca+defence

 

Have a look through those as there are similar points being made as your own.

[Always Struggling]

I'm not sure what to say to you in regards to looking at a counterclaim with your defence or to start a claim in its own right for non-compliance of cca and sar requests.

 

I'll let someone else suggest best course of action.

 

AS

[Always Struggling]

Question for anyone:

 

If Santander did not comply with a CCA section 77 request (did not respond at all) the debt is then sold on to CCM, are CCM the guys to be held legally responsible on this section?