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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Nothing but problems and charges,


jo5ephedward5
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I emailed the CEO last week and got this response in a matter of hours...wonder how long it will take them to throw it out again...

 

I do hope they can see my side on this occasion.

 

Thank you for your email addressed to Ana Botin, Chief Executive Officer, and for taking the time to bring your concerns to our attention.

 

One of our Executive Complaints Team will be responsible for carrying out an independent review of your complaint in the hope that we can reach an acceptable outcome.

 

Once our review is complete we will provide you with the details of our investigation and the proposed outcome. If you remain unhappy and do not feel we have resolved your complaint to your satisfaction you are entitled to refer your complaint to the Financial Ombudsman Service as detailed in the attached leaflet.

 

Until our investigation is complete, I do not know what the outcome will be. I do hope however, that we will be able to find a solution that you are happy with.

 

Thank you & kind regards

Denise Moran

Executive Complaints Team

People who haven't made mistakes, haven't made anything!

 

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WOOHOO!

 

I’ve just had a call from the executive complaints office at Santander and they have been through the ‘entire’ case and concluded that they are at fault – they have now paid off the balance to zero and they have contacted their data controller to remove all adverse history from my credit record – needless to say I’m over the moon with this, it’s been a 12 month slog but I couldn't have done it without CAG.

 

The letter confirming all is going in tonight’s post but assuming it arrives early next week I think this thread can finally be updated to say *won*

People who haven't made mistakes, haven't made anything!

 

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hey now that is news.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Well last week I did finally receive the letter from the CEO complaints office to confirm they were very sorry about everything I’d been through and that the balance would be cleared and their data controller had been contacted to remove the adverse data from my account.

 

I’ve been keeping a close eye on my credit file and yesterday I got an email from Equifax saying there had been a change to my credit file – I’ve just had a look and the change is:

 

‘you’re Santander current account status has changed from ‘D’ (Defaulted) to ‘S’ (Settled).

 

I assumed what they would do would be to remove all evidence of the account existing but what they have done is to change the status, update my address and remove every ‘late’ marker off the history suggesting that it was paid off in full and closed in 2011. Whilst I’m not really sure this is a ‘true reflection’ of my account I’m happy with the result as there is no trace of a default on the account anymore.

 

Thanks everyone for all your help, this thread can now be changed to ‘Won’, but before I go, does anyone think it’s still worth me writing to the Financial Ombudsman to tell them what I’ve been through? Just because I got the right result in the end doesn't mean that Santander have operated in a professionally adequate manner, they destroyed my credit file for over a year, I think that the relevant bodies should be made aware of it.

 

J

People who haven't made mistakes, haven't made anything!

 

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sri without scanning through

 

did satans bank offer any kind of compo with regard to the 'damage'

this has done your credit rating since it was there?

 

don't get me wrong, great result, but, in most of these cases

certainly the ICO etc all end in compo.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No compensation at the end, I had a couple of small payments in the middle as apologies for their short falls in communication etc as follows:

 

£100 for account 1 as this was a joining incentive which they initially diddled me out of [although I don't consider that compo]

£150 for account 2 to say really sorry we messed up before they closed it and removed it from my file [again, this was technically an account that they already signed off so doesn't count towards this]

£60 for not replying to my complaints in a timely manner.

 

I was refused a mobile phone contract when I wanted to change accounts

as well as a credit card with a zero % rate,

 

both due to my credit file a

 

nd as this was the only blemish on the files they referred to I have to assume it was Santander that were causing it.

 

the other item was a loan from my bank for a car purchase,

I've got a 9k loan at 14% instead of the advertised 5.1% which I'd had on 2 previous loans

- the bank couldn't explain why as I'm a 'perfect' candidate for their lowest rate

however the computer generated results from my credit file was suggesting i was a higher than average risk.

People who haven't made mistakes, haven't made anything!

 

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then you need to put that in a letter to satans bank about all three.

 

they should be offering compo

they caused these issue as some of them have cost your MONEY!!

 

and are still doing so.

 

p'haps it might be an idea to ask brig to pop in and comment

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've sent Brig a message so we'll see if he gets 5 mins to take a look...Obviously I'd love some compensation as to say this has been a stressful and costly problem would be an understatement!

 

J

People who haven't made mistakes, haven't made anything!

 

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Hi J,

 

Just going to read through all of the thread now.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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OK, a couple of questions please.

 

What actually shows on the CRA files (have you checked all 3 main agencies?) Are LP markers still showing?

I may have missed this so please bear with me! Was there any agreement with Satans Bank to remove all adverse data from CRA files?

From the details in post 56# I agree with dx there is a case for financial redress,.

 

I'll draft a letter for you if you wish.

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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Hi Brig,

 

Satan agreed to remove all adverse data - I assumed this would mean wiping the account all together but they have actually done just that - removed all the negative data so it looks like I had the account for a year with no late payments, no overdraft no default and then closed it - its now marked as settled, there are no LP markers and no whiff of the default - this is reflected on Call Credit and Equifax, the account never showed on Experian in the first place.

 

If you could draft a little something I'd be really grateful for the help.

 

J

People who haven't made mistakes, haven't made anything!

 

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Ok good!!

 

What level of redress would you consider appropriate? To give me some idea of which way to play this.

 

How long was the adverse data displayed for. What actual financial loss and or disadvantage did you suffer?

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Hi Brig,

 

Sorry for the delay it’s taken me a couple of days to dig out the information; a summary of the accounts is as follows:

 

Negative data [late payment markers] started to appear on Account 1 in May 2011 as follows:

 

May 2011 - 2 late payments [LPs]

Jun 2011 - 3 LPs

Jul 2011 – 4 LPs

Aug 2011 - 5 LPs

Sept 2011 - Default £718.

 

The default remained for 2 years until September 2013 when Santander wiped all the data back to September 2011 and removed all the late payment markers before this and leaving no trace of a default on my credit file.

 

Negative data started to appeared on account 2 in June 2011 as follows:

 

Jun 2011 - 3 LPs

Jul 2011- 4 LPs

Aug 2011- 5 LPs

Sep 2011 - 6 LPs

Oct 2011 - Default for £1800

 

The default remained for about 2 years until May 2013 when Santander admitted they shouldn’t have given me the account in the first place – they wiped the account completely as if it never existed and it no longer shows on my credit files.

 

Between Sept 2011 and Sept 2013 the accounts status was also listed as gone-away even though I was in full written contact with Santander for over a year.

 

I received the following ‘goodwill’ from Santander:

Account 1 - £100 cheque to say sorry for the terrible switching experience and here’s the £100 incentive you joined for originally.

Account 2 - £150 cheque to say sorry they shouldn’t have given me the account in the first place.

Plus a £60 for not responding in a timely manner [several months].

 

I believe the financial actual repercussions of the above are as follows:

 

In October 2012 I was refused a mobile phone contract with t-mobile based the results on my credit search [this was when I first applied for my files to see what the problem was as to all intents and purposes it should have been clean] – I had to stay with o2 who were £10 per month more expensive, so over 24 months it will cost me around an extra £240.

 

In Feb 2013 I applied for a loan with my long term bank [i wish I’d never considered leaving as they’ve always been brilliant – the things we do for a quick buck!] this was when they said they couldn’t offer me the low rate they have in the past as the credit score was coming back lower than normal – the only blemish was the 2 Santander accounts – this loan is for 42 months so based on the £9600 I borrowed over 42months I’m looking at around £1900 in ‘additional’ interest over their best rate.

 

In May 2013 I applied for an AMEX card with a 0% transfer incentive, this was declined, again due to credit score and Santander was the only blemish I had so I have to believe it was a large influence on their decision. This means I still had 3k on my credit card at 18.9% apr so at the rate I’m clearing it that’s approx. £800 extra interest.

 

I’m not someone that exclusively lives on credit, I have a good income and I’ve worked really hard to get a good credit score – I chose to ‘spread’ payments on a few select things, unfortunately Santander have left me with 3 long term problems which are ultimately going to cost me around 3k in additional interest over the best deals which I can only assume I would have been a prime candidate for.

 

I’m not sure on what redress they are likely to consider appropriate, but the fact is I feel as if I’m out of pocket by 3k – what are peoples thoughts?

 

J

People who haven't made mistakes, haven't made anything!

 

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  • 2 weeks later...

Sorry Jo Missed this been away for a while.

 

On those instances my feelings are £750 per instance of being declined for credit for the stress and embarrassment caused by the refusal.

Then sums equal to the extra costs incurred because of the adverse data Satans caused to be displayed o CRA files.

Finally I would suggest sum of £1500.00 in regard to the overall time, trouble and stress caused while attempting to settle this matter.

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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Thanks Brig,

 

So to your mind it’s potentially:

 

2x £750 refused credit with t-mobile and AMEX [£1500]

1x £240 extra cost from having to stay with my mobile phone supplier

1x £1900 extra interest from my personal loan

1x £800 extra interest from my credit card

1x £1500 for time, effort, postage and research to fight my corner.

 

So £5940 would be considered a ‘fair’ figure for compensation or have I misinterpreted somewhere?

 

Also how do I go about wording something like this – I assume it has to be to the point, well backed up with evidence and written with the view that if they won’t play ball I should take them to the small claims court?

 

J

People who haven't made mistakes, haven't made anything!

 

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Thanks Brig,

 

So to your mind it’s potentially:

 

2x £750 refused credit with t-mobile and AMEX [£1500]

1x £240 extra cost from having to stay with my mobile phone supplier

1x £1900 extra interest from my personal loan

1x £800 extra interest from my credit card

1x £1500 for time, effort, postage and research to fight my corner.

 

So £5940 would be considered a ‘fair’ figure for compensation or have I misinterpreted somewhere?

 

Also how do I go about wording something like this – I assume it has to be to the point, well backed up with evidence and written with the view that if they won’t play ball I should take them to the small claims court?

 

J

 

That is what I would work on it's calculated on the actual financial loss incurred plus compensation for the for the stress and embarrassment of refused credit and takes into consideration the extended time to rectify the matter.

 

It's not making a 'profit' just rectifying actual calculated loss + damages.

 

Very fair I think.

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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OK I'll get something written up and in the post this week - is there something 'official' to look up / quote when making this claim...I.e some code of conduct that sets out some guidelines on what can be claimed.

 

J

People who haven't made mistakes, haven't made anything!

 

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I don't think it is needed, as said your 'claim' is for proven loss, and redress for the effort, embarrassment and stress the bank has caused.

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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quick one - should I send this request to the CEO executive complaints team that finally gave me some results or should I fire this to the data controller?

 

Yes! exec team.

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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