Jump to content


  • Tweets

  • Posts

    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Santander Mortgage Arrears


Lilythepink
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2845 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

You would need to show the expenditure just as it is Council Tax utility bills as the amount you actually pay.

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:

Link to post
Share on other sites

  • Replies 134
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

How many of you are in the household?

 

If you'd like me to look over the budget sheet once you've done it and don't want to post on here, I can give you my CAG email address to send it to ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Thanks Brigadier,

And i will get the budget sheet done out, but it every time you phone them they go through it each time.

 

Would rates (we're in NorthernIreland) electricity, gas (Santander thinks that is too high as well). they told us to stop paying our non priority debts, but the point is we only want interest only for maybe 5/6 months.

 

Sorry forgot to say there are two adults in the house

Edited by Lilythepink
to add something

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

Hi, you can send it to [email protected] (there's no spare between the c and o, for some reason it always shows like that).

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi Lily, have you sent the email yet? I haven't received it

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

I was trying to do it last night, but how do I send it. What is your email, or is it a PM I put it through. Having problems getting it into a format that I can attach?

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

My email address is in post 30 above. Save the budget sheet to your computer and then start a new email - you can then affix to the email. You can't affix anything to PM's.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi, I've got the email but can't open the budget sheet - you have saved it as a different version - can you please save it as an Excel 2003 file and re-send. I'm at work at the moment and don't have an updated version of Excel on my PC.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi there, I've got the budget sheet now - but it shows you have nothing left over to pay towards the arrears ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

no not yet, but I now have a start date to get back to work, and a charity is helping us out a bit. Santander did not ring us back today, I sat by the phone all day, and no phone call back as they said they would.

 

But we couldn't afford to pay the full mortgage and tried our best,but they would not give us a payment holiday, or interest only.....

Edited by Lilythepink
to add something

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

To be honest, I don't think a judge would be too impressed if you sent in a budget sheet showing you have nothing to pay towards the arrears but have £150 for cigarettes - the judge would expect you to give those up to pay the arrears - similarly with £100 per month for mobile phones

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

£250 would impress a judge if it was offered to help clear the debt.

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:

Link to post
Share on other sites

This is for two of us, and my sister is in the process of giving the cigarettes up. We were just putting down honestly what our expenditure was. I only pay £20 a month for my mobile, and my sister is locked into a contract, and they won't reduce it.

However we are only asking for an interest only for about 3 months now, as I will be back at work from 10 December. I have seen judges let people that owe thousands in benefits, as they have cheated, and the judge has said pay back £50 or whatever you can afford for 2 years,and telling the agencies to write it off. I think my sister must have put the wrong figure in for mobile phones, she must have included the home landline as well. The law states that you are allowed to live, and we are trying our best.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

Why do Santander not let us have an interest free period of 6 months. I have put in a complaint to the FOS.

Santander just won't budge a inch. I am back to work on 10th Dec, and won't get paid until the end of January 2013.

Does anyone think I would be entitled to any benefits?

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

  • 3 months later...

Having reported Santander about the way we have been treated by them to the FOS, and they came back to say that Santander acted fairly, so I have appealed this, but this morning at 10.00 am Santander rang, to ask about the £2000 in arrears we are in. I am just back to work, and struggling with a lot of things healthwise. We had already decided to pay at least £25 or more over our payment every month, but they now want to go through the income and expenditure again. I feel it is harrassment to ring you on a Sunday morning, whenever our arrangement is still being paid, and we are returning to our full payment plus an amount to start off paying the arrears. Income and Expenditure again and again, surely we should be telling them what we can pay, as it would be us losing our house. Do we have to disclose income and expenditure to them all the time, we have given it about 6 times, and things have not come down in price, but went up. Where do I stand with them?

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

Tell them you're not comfortable going through your finances on the phone and say you will send them an income and expenditure by post.

 

Fill in this budget sheet http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=31141&d=1320168516 It calculates automatically as you fill it in) then send it with a letter stating how much you can pay towards the arrears (send by recorded delivery) keep a copy of the letter and budget sheet for yourselves. If you need help with the letter please let us know.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

I remember getting that advice, maybe from you before, so I will go ahead with the budget, and see how it looks, we have already told them we were going to pay extra, but they obsessed with I/E budget sheets. thank you very much for your advice.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

I sometimes wonder if its a case of hoping to get someone who never got out of bed the wrong side that day, wanted to play golf today, lets hound a few customers.

 

I hope this makes you feel a little more re-assured, but I was in a similar situation a couple of years ago. I had to have a double bypass and whilst recovering I was living on SSP for 4 months, needless to say nobody got anything. Santander sent my case to the recoveries section and they started demanding start paying it off, in the meantime i was paying interest on the arrears as well as £35 a month admin fee. eventually it went to the repossession stage (even though I was paying a small amount to clear it). Panic set in.

I had a call from a very nice lady who suggested I change my repayment mortgage to and interest only one and use the remaining money to pay off the arrears, that way it would pay off the arrears quicker. It wouldn't stop the repossession, but the judge would suspend it, and as i was able to pay the amount for the repayment it would not affect my finances. I agreed and was sent paperwork to it all.

When it went to court, there was a slight discrepancy but the local solicitor they had tasked my case to sorted it within minutes, another very nice lady :).

The judge was more than happy we had sorted it out before coming into court, and suspended the repossession until such times the arrears were clear (about 18 months).

All happy bunnies, I have a couple of months to go and I will be mortgage arrears free.

 

Sorry it is a little long winded but wanted to let you know there are ways to sort arrears. The courts will go in your favour if ever it went that far as long as you show you can repay, without causing yourself financial hardship, Make sure everything you do is via letter, do not accept emails or texts. Write to the top man, not to someone who missed 18 holes.

Hope everything gets sorted for you soon,

by the way my arrears were nearly £4500 (inc costs)

OK own up, who swapped the A and I on my keyboard ? :D

Link to post
Share on other sites

Thanks for that, I am glad you are feeling better, and got Santander sorted. Wrote them a letter and enclosed my budget sheet, and said I would start off at £30 a month off our arrears, and we will increase it as we go along. Being sick is no fun, and they don't seem to understand that you actually would rather be out at work and paying your bills.

We are waiting for an answer, as we have other bills to sort out as well.

I have complained to the FOS, who sorted it informally and said Santander had done nothing wrong, but I objected and they are now investigating it formally. I just want to get it paid as quickly as possible, and get my finances sorted. It is so worrying, and causes a great deal of stress. Thank you for your reassurance, and hoping you keep well and get Santander sorted out.

By the way who is the top man?

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

The top man would be the head of the department. If you send a letter to say collections, anyone of a number of people would open it and sort it, so sending to a specific person, could improve your chances of sorting it out quicker.

Be aware they may add "admin" charges on a monthly basis, so when you do sort it out ask if they are adding them.

Never accept their word either, get it all in writing, I fell into that trap when I explained my situation, offering full documentation, doctors and hospital letters etc, they said "no that is fine, we believe you" then later WHAM the letter arrives.

You said you are offering £xx per month and paying more when you can, again be careful, if you start paying say £50 a months you have the money spare then then 3 months later you have to tax your car and revert back to £30 they may say you defaulted on the agreement. Perhaps word it slightly different, something like.

"I would like to offer a minimum payment of £30 per month to reduce my arrears and will pay more as and when finances permit, as I wish to clear these arrears off as soon as i can. The increase of payment may vary on a monthly basis, but I will pay no less than the agreed £30 per month."

Keep a copy of all letters you send, and post via recorded delivery, try not to send to a PO box. write on each letter the date you wrote it, date it was posted and any RD info, also update when they have received it. That way if they "lose" your letter you can send a copy and say oh yeah how did i get all this info then :)

This is all drawn on personal experience and thinking worst case scenarios.

Hope things improve for you soon

OK own up, who swapped the A and I on my keyboard ? :D

Link to post
Share on other sites

THanks nighwatchman. We learnt our lesson the hard way, the first time we rang them to alert them that we might fall behind with our payments, the girl said oh just pay £50, and we believed her, she said as long as you pay something. As you say keep everything in writing, don't talk on the phone, and never listen to the crap that these call centres come up with. We think they are just reading from a script, as all they say is income and expenditure. So I explained that bills do rise and fall, but we will pay the £30 extra a month, hopefully more. Such a nightmare, especially when you are not well.

Edited by Lilythepink
It said it was personal abuse, don't know what I said that was personal, I was just thanking him

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...