santander reclaiming...How Long does it take ??? no. 2

[traceyrmj]

they cant enforce DCA when you have the account in dispute. check otu the debt/bailiffs section on here or call the CAB.

[kia]

if you offer a set amount they have to accept it otherwise it looks bad that theyve turned down your offer so offer them only what you can afford if its made up of charge the overdraft when youll get it back eventually anyway.We offered them £50 per month and they grudingly accepted it ours was £600 at one point and half that was charges dont be intimidated by yhem like i wa at the time thought the ball was in there court but its in yours.im no expert though youve gotta do whats right for you i aint no lawyer stand up to them and dont forget your parachute account (and no im not opening another thread on this subject)thats another ccount o fall back on if they start playing nasty nat west is good one!!xKia

[Glenn UK]

SAndrajl

 

have you written to them disputing the account?

 

I would write to them telling them the accounts in dispute over unlawful charges and that until the dispute is resolved you wont agree to repay the debt since the amount is in dispute.

 

YOu may want to offer a token amount, whilst my DMP was being sorted out i paid £1 a month to each of my five creditors, they werent happy but they didnt do anything.

 

JMHO

 

GLenn

[sandrajl]

Hi Glen , sorry for late reply but lost my best friend over the wkend couldnt do much, logged on to try to ocupy myself but couldnt concentrate, trying now forgive any mistakes. Yes have told them acct in dispute but said didnt matter bill still had to be paid !! , i said i would pay not dening that but they say that i was nearly at the stage when they will hand it over to debt recovery agency, so have put it into writting giving date when i started dispute just wating to see what happens now.... sorry got to go filling up again take care

[40bear]

Hi I am at the same stage as you. Starting to get letters from Allen Betts stating their intention to start default and DCA against us. I phoned to say we are in dispute and SURPRISE they knew nothing and also state they have not received copies of our correspondence! The amount they owe us is pretty much the same as we owe them so inclined to hold out. Not sure whether to pay a token amount into the account?????

[Chardonnay123]

So sorry to hear of your news.

 

My account is with a debt collection agency.

 

They WILL NOT chase you if the account is in dispute.

 

You may have to prove this to them as Abbey may deny any knowledge. This is what they did with me. Denied knowledge of any court claim. I sent the debt collection agency a copy of Abbey's Solicitor's letter to me about the court claim and gave them names of other Abbey personnel. They were actually quite nice to me and found it quite amusing that Abbey had "lied".

 

They have put it on hold until matter is resolved.

 

Do not be scared off.

[Glenn UK]

Sandrajl

 

Sorry for your loss, as the others have said dont be afraid and dont let this be another concern at this time.

 

As long as you have written to them and can prove it disputing that amount you owe, then they cannot enforce it until the dispute is resolved.

 

As others have said even if they pass it to the DCA they wont enforce it until the dispute is resolved.

 

Put it this way, if they decided to take it to court then your defence would be that you didnt owe them that much money and that the banks figures were wrong, the court wouldnt give them a deicsion if you could prove that the value they were claiming was wrong.

 

You may wish to make a token payment to them until the dispute is resolved depending on whether after the charges are repaid you will owe them anything? By toekn, I mean somehting like a pound or two per month.

 

If they will owe you money then I would point that out to them and inform them that you will be charging them interest according to the contractual rates and therefore they may wish to pay you an amount monthly to redcue their liability.

 

Well anyway dont worry whatever you decide to do, since you have disputed the debt amount then they are effectivley stuffed until its resolved.

 

JMHO

 

Glenn

[sandrajl]

Hi Folks and thanks,

only just got round to not crying and logging on forgive me if i dont make sense, got a very strange phone call gone 7o'clock on Mon eve from Abbey saying that they were "Sorry they had rang me so soon" because i wasnt thinking straight i didnt get what she was on about so i asked her to explain. She said because they rang me on mon ...and she was appologising because someone had rang me so soon and that they shouldnt be troubling me ?? (at first i thought it was cos of my friend,) then i realised it was because WHEN I RANG THEM the woman told me that i had to pay my O/D off or it would go to Debt Collection Agency even tho i told her it was in dispute ! So it does seem that i may not have to pay it ALL off just yet like you guys have said.. but i confused that they had said that they rang me, when it was ME WHO RANG THEM !!. Does anybody at Abbey know what they are suposed to be doing ?? HAVE I MADE SENSE writing this ??

xx

[sandrajl]

quick up date received 5 year statements from Abbey on 9/10/06 ?? only 4 days after i sent my last letter(Pursuant to s.10 of DPA 98) to MR BETTS & also to PAM SPEED....just mentioning that i was aware that they have sent microfiche copies to other customers & also that they have settled with other customers out of court...surely its a mistake and statements must have been on their way to me anyhow!

[bish]

Yes you are making sense, it is the abbey that don't make sense. Put your requests in writing by recorded delivery, They can not deny receiving it then. Sorry to hear of your loss, it must be very difficult for you. Chin up and go for it, take strength from your loved one and see that when things are at there worst there is always a path to follow. Whatever the path as long as it is just. Best wishes and good luck.

 

Regards bish.

[sandrajl]

Thanks Bish,

have sent letter reminding them that acct is in dispute by recorded mail so hopfully it should work. Just trying to remember how " Compounded Interest "works ... its a long time since i went to school, i was still using chalk and a slate to write on then ! lol

x:oops: and thanks for your thoughts xx

[sandrajl]

update so far letter from abbey saying that they do not agree that charges are unlawful but will offer gwg of £1040 as the literature & infomation i received when i opened the account along with the terms & conditions explains that charges will be applied if i dont keep to the terms of the acct.They say the charges are correct as i didnt have the funds in the acct and also that the "infomation registered with credit ref agencies is a true and factual reflection of the acct" and they say they are required by the infomation commissioner to register & share info on custoumers run accts.

But my acct wouldnt be O/D (so much) but for their charges!!

[sandrajl]

o also abbey sent me a letter telling me to return D/Cards & cheque book and that i will be

charged interest @ unauthorised O/D rate untill i have paid OD off.

If i dont ring to discuss paymnt then they WILL register default & pass acct on to collections agency who will want full recovery of debt .......... anyone else in same boat as me i wonder ??

[traceyrmj]

does that letter say "without prejudice " on it? big question there, if they didnt put that on the top you can show it to a judge and prove they are harrassing you in an attempt to get you to drop your case against them. a letter to them returning your debit cards, cheque books and reminding them that they are dealing with a person ( and that you are feeling harrassed by the tone of their letter) might go a ways to getting you that overdraft facility extended at the current rate durign the process of your claim against them, as you have returned your cards and will not be applying any further amounts to the debt...

[sandrajl]

Hi, tracy just a quicky, no letter doesnt say without predijuice at all unless its in some kind of bank code...

the letter i recceived from abbey dated 13.10.06 informing me if i diddnt call them that day to arrange paymt of acct, they would be handing it to DCA i only received on 15.10.06(2nd class post) so it was too late anyway. When i spoke to them to pay £10 they said it wasnt enough and have already sent notice off to DCA, i asked when it was done and they told me on the 13.10.06 the notice went out so i couldnt have stopped them anyway. "Troy" informed me that they can and have entered a defult notice on me even though the acct is in dispute and that its because the bank hasnt agreed that the charges are wrong and have been good enough to "refund charges and interest of £1040 to my acct ". I told him that that amount would bring it under the O/D limit troy(...wot a name!) then went on to say that as the O/D limit has been cancelled that means they can charge me unauthorised O/D limit interest ??(does that make sense ?) Also their letter said "offer of good will gesture" NOT " refund of charges plus interest"... im getting confused which is it ?:? can anyone else help des this mean guys knocking on my door demanding money ?

[traceyrmj]

write to the DCA when they pass it over with full details of the dispute on your account, state that you dispute the interest and the charges and that you are aware they will not persue collection of any debt that is subject to dispute. send it recorded and wait for their reply, meanwhile where are you in the fight? have you sent the LBA? when do you file N1, as soon as you can get those fired off the sooner you will get your cash back and can pay off the o/d( or most of it) and tell them to f. off!

[sandrajl]

Hi tracy, no not sent LBA of done form yet .. letters ok just a bit unsure of the other form tho want to make sure i get it right could you help me pls ?

[davethecabbie]

hi i am in the same situation i.e. return everything.i sent a letter telling them that i would pay a set amount every month.they've not responded to the letter but just stuck another 200 pounds on top of what i previously owed. what charmers they are

[Guest HUSBANDKHAN]

hi

have a read of my thread that i had started :

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/39587-baliffs-get-them.html.

shows if you persevere you get results fast.