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    • about time he knew the rules his industry operate under then!! if he know legalese and reads the restriction k wording on the deed its tells him what he must do!!  
    • At the time that the vehicle was seized,  a warrant would have already been issued against your ex partner. Most significantly, the warrant 'binds' the goods (in this case, the car). In simple terms, this means that the vehicle cannot be either sold or transferred. If it is, (which is what has happened), then the vehicle CAN be seized.    As your ex partner was the registered keeper at the time of the various contraventions, then sadly, he is the person responsible for paying the debts. As such, it would be for him...and not you....to submit Out of Time witness statements. He would be able to make such applications on the basis that he had not received any of the statutory notices. In doing so, he would need to outline the reason WHY he would not have received any notices.    As I understand it, there were five separate parking contraventions. Therefore, there would have been a total of 15 letters from the council (Notice to Owner (NtO), Charge Certificate and Order for Recovery). In his Out of Time application, your ex partner really should have elaborated on the reason WHY he had not received these notices. Instead, he has simply stated this:   'No Notice to Owner was ever received by myself, I WORK AWAY AND HAVE A 'COA' ONLY.    Your ex should have provided far more detail as to WHY he did not receive the notices. For example, was he working abroad? How long was he working away for? Did the person in charge of the 'care of' address notify him of correspondence? How often did he return to that address?   Taking the above into consideration, I would be surprised if his applications were to be accepted. It normally takes approx. 4-6 weeks to receive notification of the decision.    Did your ex provide the 'care of' address in his application? If so, has he taken steps to ensure that correspondence reaches him?  
    • So trying to negotiate a re payment on an alleged unproven debt is not outside of the guidelines laid down in the codes of practice as governed by the SRA ?
    • Current Accounts.   https://www.adcb.com/Images/Offshore_TC_tcm9-22214.pdf   Governing law All matters pertaining to an Account and these Terms and Conditions shall be governed by and construed in accordance with the laws of the Island of Jersey and the Account Holder irrevocably submits to the exclusive jurisdiction of the Island of Jersey. Any dispute or difference between the Bank and/or the Abu Dhabi Commercial Bank Group and the Account Holder arising in connection with an Account, any funds therein or these Terms and Conditions will be submitted to the exclusive jurisdiction of the Island of Jersey   Credit Cards   https://www.adcb.com/en/personal/cards/default.aspx   T&C,s   https://www.adcb.com/en/terms-conditions/default.aspx   Eg for one type of card.   29. Governing Law and Jurisdiction 29.1 Which laws govern the relationship between you and ADCB? These Terms and Conditions and any non-contractual obligations arising out of or in connection with them are governed by the federal laws of the UAE and by the laws of the Applicable Emirate.   If there is a dispute between you and ADCB, you irrevocably agree that the courts of the Applicable Emirate will have (save for the exceptions granted in ADCB’s favour below) exclusive jurisdiction over all matters arising out of or in connection with these Terms and Conditions or their subject matter or formation including any question regarding their existence, validity or termination. For the avoidance of doubt and solely for the benefit of ADCB in its sole discretion, you also irrevocably agree to submit to the jurisdiction of the DIFC Courts (including without limitation the SCT) and the ADGM Courts (and any ADGM SCT operating from time to time). If ADCB decides to commence a claim against you in the: (A) SCT, you and ADCB both expressly agree that such claim may be made for any amount up to and including AED 1,000,000, or for such greater amount as may be within the jurisdiction of the SCT from time to time; or (B) ADGM SCT, you and ADCB both expressly agree that such claim may be made for any amount as may be within the jurisdiction of the ADGM SCT from time to time. The two paragraphs above are for the benefit of ADCB only. ADCB will not be prevented from bringing proceedings relating to a dispute with you in any jurisdiction outside the UAE (and for the avoidance of doubt, this will include any jurisdiction in which you may be (or have been) registered, incorporated, resident, domiciled or hold assets). To the extent permitted by Applicable Laws, ADCB may bring, issue, commence or pursue concurrent proceedings in any number of jurisdictions without limitation.  
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redjax

Bryan Carter/Frederickson xxxxxxxxx - Santander

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Hi all, Need some advise please. My son had a personal loan with Santander. He then became unemployed and was of course unable to pay. He wrote to Santander explaining the position, got no response! As soon as he was back in work he wrote to them again offering to pay them £50 per month. Still no response from Santander. He then got a letter from Bryan Carter saying the £50 per month had been accepted but he had to pay them not Santander. The balance shown was £3441.96. which was £400 more than the original debt. He has been paying £50 per month since March. He has just received his 6 monthly statement from Santander, which shows the opening balance was £3078.13 and payments received every month of only £25 when he has been paying £50 per month. There is also outstanding interest added of £93.51. My son used to pay the bill at the Post Office over the counter in cash. But Bryan Carter phoned them and said it had to made by card instead. So they have been taking the payments from my daughter in laws card at £50 per month. Is Bryan Carter acting legally? Should my son write to them and tell them he will make payments directly to Santander from now on? Please help, at this rate he will be paying over £6000 to clear this debt. If he had come to me earlier I would have told him to tell BC to shove it, but unfortunately he has tried to do the decent thing by clearing the debt and I feel he is being robbed himself now. What do we do?:mad2:

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Morning redjax, I'm sure one of the more knowledgeable CAG members will be along shortly to advise, but clearly something is very wrong here.

 

If it were me I would immediately send Santander a Subject to Access Request which will give your son all information to include the actual amount owing and how the £50 pm he has been paying has been applied to his account. It will also flag up all the charges and any PPI he has on the loan which can be reclaimed and which could reduce his debt considerably.

 

I would also advise your son to not let Bryan Carter intimidate him or dictate how he should make payment. Never give these people your card details. If your son is happy to pay via the Post Office in cash then he entitled to do so or alternatively he could set up a Standing Order. It's for your son to control how and when he makes payment and to be honest he should only be making a payment he can realistically afford.

I'm sure someone will be along shortly to advise further.

 

Best,

 

Coffee

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Thanks very much Coffee. As Santander are still issuing statements I don't see why he can't pay them directly. When will the OFT shut down Carter and all the other bottom feeding sharks out there.

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He doesn't have to deal with BC, they are just a DCA and have no legal powers - all they can do is huff and puff and throw their toys out of the pram. I would tell your son to stop dealing with BC and pay Santander directly. How was your son making the original payments? Does he have account details so he can Santander directly?

 

Get the SAR sent off enclosing £10 as I would want to know why the WHOLE of my hard earned £50 has not been applied to the account!

 

Best,

 

Coffee

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Thanks Coffee, just done the SAR for him and a letter telling Bryan Carter exactly where to shove their demands...oh I do feel better after writing that!

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Some care is needed here Carter is a solicitor well

known for issueing claims.

There would seem to be some missing letters/contact

here what so far has Fredricksons involvement been,

was there any notification from Freds that the were passing

the debt to Carter of any notice that Santander had passed

the account to FREDs and has your son checked his credit files

if not he should do so asap.


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Hello BRIGADIER2JCS. There were no letters from Santander, at all, my son wrote to them offering £50 per month and the next thing Carters wrote to him saying the offer was accepted but he had to make payments to them and not Santander. Frederickson wrote to my son a year ago and he ignored tham as he didn't know who they were. He only started paying Carters as they had apparently answered on behalf of Santander.

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Back to basics I think, refresh my memory please, has your

son checked his credit reference files, this will help establish

who infact now owns the debt or if Santander still do.

I am much inclined to suggest that he makes a formal complaint

to Santander regarding the fact that no default notice, notice of assignment

or notice of referrall of the account to Carter has been received, also

the fact that ''reasonable'' offers to repay have been ignored.

If you need help I will happily draft a formal complaint letter for your

son.

 

Brig.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hello Brig, no he hasn't done that yet, but he is going to. A formal complaint draft would be a huge and welcome help. Thank you.

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Hi redjax, Brig is right. Brig, do your thing and if you all don't mind I will keep subbing to this thread. Knowledge is power and there some mighty knowledgeable souls on CAG.

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