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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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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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