got defaulted/claim back fees + Car Repo Too - GE money - now got claim form - HELP

[dx100uk]

ok thanks, can someone please advise me on the best letter to send with the charges letter please.

 

also today i have recevied a letter in the post from another dca anglia, who say they are wanting the outstanding payment within 48 hours and if not they will send someone to the property and may also take the car under the agreement

 

can someone please advise me as i now dont no who i am dealing with

 

thanks

 

std threat-o-gram ignore them

they have NO POWERS to take the car, they ARE NOT bailiffs.

 

there is a charges reclaim letter in the green library top left tab

[dx100uk]

it doesnt say the letter heading just says Anglia

 

scan it up please

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[naomi25]

i have been looking under the library but am not sure what i should be looking for, can someone please advise me to which letter i need, thanks

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/content.php?605-Credit-Store-Card-Letter-Template

[naomi25]

have sent the letters off am now just waiting for a reply

[naomi25]

have today recieved a letter from Santander, Demanding the return of goods and want me to call them in 7 days to agree to collect the car (obviously am not going to do this), if not will get a court order and then come and collect the car. They have not responded to the letters that was sent regarding outstanding charges.

 

Can someone please advise on what to do next

 

Thanks

[dx100uk]

scan up that letter please

 

dx

[naomi25]

am having problems trying to upload the letters it wont let me upload them

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[naomi25]

ive done that it wont let me upload to attach to a post

[dx100uk]

try resetting internet explorer

 

tools

internet options

advanced

 

reset

[Always Struggling]

naomi25 having probs uploading the letters. (keeps timing her out)

 

Here are the 2 letters received.

 

The first is the demand dated 17th July and the second one, dated 25th, is a response to a request for charges to be returned/refunded

santander demand.pdf

[renegadeimp]

If its timing out, use a different browser.

[Always Struggling]

Hopefully this will sort it, I think the file name caused it errors on my post

sant demand.pdf

[naomi25]

thanks for posting that, will wait for dx's advice

[dx100uk]

thanks for posting that, will wait for dx's advice

did you reset IE

 

DX

[dx100uk]

Code Red

 

need to see this letter or it date please

 

and are they offering a payment route?

 

as it stands, even with the reclaim your still about a grand light

 

however

i believe there is a way out.

 

they have terminated the agreement on the back of an invalid DN

 

it contains PENALTY charges,.

 

so thus you only owe the arrears on the DN

 

an your PENALTY charges reclaim is more than that sum

 

let them goto court

 

brig can you confirm?

 

dx

[BRIGADIER2JCS]

All correct DX, if a default sum is made up of charges

without which the account would not have defaulted

NO DEFAULT SHOULD BE PLACED. (ICO Tech Guidance).

 

A default notice gives time to rectify the default ie pay the arrears not the charges.

[dx100uk]

are you sure about the

 

without which the account would not have defaulted

 

 

because i though a DN was invalid IF the SUM stated o it contained

ANY penalty charges

 

not that they might be the SOLE factor for the DN being issued?

 

dx

[BRIGADIER2JCS]

Absolutely positive DX it's just the ICOs way of putting things,

If the charges are the bulk of the default sum the default

should not have been placed at all.

So is a go challenge which I have used successfully.

[dx100uk]

get so that makes the DN invalid

 

so thus makes the terminatio on the back of an invalid DN - invalid itself.

 

so thus only the sum mentioned in the DN letter can be sough.

and as you charges reclaim is grater than that...no dice santy

take me to court then.

 

off you go write them a letter.

 

end result, you owe stuff all.

 

dx

[BRIGADIER2JCS]

It is as you say, the whole idea of the DN is to

allow the debtor to ''remedy'' the default for

example on a credit card if one goes over limit

by £100 that is all that needs to be paid not

any over limit charges.

[Always Struggling]

Just for clarity based on the figures on the thread,

the DN is invalid because of the amount of charges/fees on the account in proportion to the default notice amount?

 

DN for £491.95

 

Termination for failing to pay arrears of £556.34

 

Charges/Late Fees of £345.00

 

So the termination is invalid also because of the invalid DN?

 

Can I also ask, can they use a different figure on the termination from the DN?

 

What would be said in the letter dx/brig? -

 

quote their invalid DN and subsequent invalid termination in line with ICO tech guidance?

 

Not sure on my understanding also dx of your post

 

so thus only the sum mentioned in the DN letter can be sough.

and as you charges reclaim is grater than that...no dice santy

take me to court then.

 

off you go write them a letter.

 

end result, you owe stuff all.

 

Does naomi25 say in the letter (after quoting the ICO tech guidance part - in relation to charges v DN amount)

that she feels that court is the best option and she invites you therefore to sue for the debt?

 

Does she make any attempt still to offer a monthly payment?

as these have so far been refused?

Or does your mention of

end result, you owe stuff all.

 

mean she literally owes stuff all or she owes stuff all in relation to the DN but still owes the overall balance (without the charges)?

 

I got a bit lost here and naomi25 will have done also lol

[dx100uk]

she only owes what is on the DN.....the PENALTY charges figure what spread sheet was used?

 

i've asked some people to pop in

 

dx

[Always Struggling]

Thx dx

 

The spreadsheet was the compound interest but I think the figure £345 was without any interest. naomi25 will confirm tomorrow.

 

Am trying to understand what you mean by she only owes the amount on DN?

Why is that?

What about the balance etc?

 

AS