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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Santander Mortgage Arrears


Lilythepink
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Have you checked on royal mail website to see if the letter has been signed for ?

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Yes it has, but they don't seem to take any notice.... The phone calls are early morning, and dinnertime, when we get home from work. We have done everything right, yet they still harass us. We cannot get phone calls through that are urgent family matters.

LilythePink

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The letter probably hasn't got through their system yet, give it till after the weekend and see if you get any response.

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This morning again at 8.07 phone call from Santander, and I can say that they have phoned every morning last week and this week. We have told them clearly that we are not talking to them on the phone, but do they listen no. So I nice complaint to the OFT, might help, or maybe not.

LilythePink

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LtP, are you keeping a record of these calls ?

 

Just so you are aware, any calls that are made/received in respect of a Mortgage are to be recorded by the Lender. So if you are keeping a physical record, and then at a later require the Lender to provide an SAR, those calls should match up :)

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Can I under FOI ask Santander for every recording, and what information they have on how many calls they make, as I have the days and times they are ringing us?

LilythePink

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I am not sure about FOI, but you would certainly be able to ask them for this information by way of SAR ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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And is it just the same way, with a charge of £10.00

 

Yes, there is a £10.00 statutory fee for the SAR - there is a draft letter in the CAG library, you can amend to suit. Include anything and everything that you think that you might want to have a peek at :)

 

They have 40 calendar days in which to respond.

 

They will almost certainly demand that you sign it so sign over a grid of light/mid grey xxs..

 

 

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

 

or your name/initials

 

LilythePinkLilythePinkLilythePink

LilythePinkLilythePinkLilythePink

LilythePinkLilythePinkLilythePink

LilythePinkLilythePinkLilythePink

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Make sure you write on the back of the £10 postal order " fee for Subject Access Request only" together with your mortgage account number. Take a photocopy of the front and back of the PO and save with your copy of the letter. As always, send by recorded delivery.

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Yes, from the post office

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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.

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LtP - when you get the postal order you will receive a receipt. Please make sure you keep that, if you need to check whether it has been cashed or put in a complaint there is an ID number on it which you will need.

 

If you can, also take a photocopy of the completed Postal order before you enclose it in your letter :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Haven't even got the letter sent yet, and they are on the phone again this morning at 8.07 am. Got a letter at lunch time, saying that according to them we have a surplus of £426 each month, if I had that I would be very lucky. And guess what they want us to phone them.

They say our mortgage does not fit the criteria for capitalisation, does any one know what the criteria is with Santander:

LilythePink

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How do they work out you have that surplus? have you sent them a budget sheet ?

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They won't let you send them one, they make you do it over the phone, and they are so rude, that you are so stressed out, that you would nearly do without food just to get rid of them. If we had that much money left over, I might have a holiday this year......They absolutely refuse to communicate on paper, and the phone calls are on our mobiles and landline.

LilythePink

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You most definitely should not do an income and expenditure over the phone ! You should complete the affixed budget sheet send to them with a covering letter telling them that you do not have the surplus they think you do as you were forced to estimate your income and expenditure under duress during a telephone call. If you need help with the letter please let me know.

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thank you, I know and so does everyone else, that emergencies do creep up, like the cooker, extra bills, etc etc, but they just don't seem to appreciate this, and neither does the government. Another phone call just there, I just lift it up and end the call, can't be bothered even listening to them.

LilythePink

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

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I have now sent two recorded letters to Santander, about phoning me three to four times a day. They are taking no notice, and I have logged all the calls. What can I do as this is driving me mad. Who or what can I do next?

LilythePink

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

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  • 2 weeks later...

Right, Santander have finished the arrears payment deal, without replying to our letters.

 

They say they are going to start charging us unless we ring them to sort out a new deal.

 

We want to just pay the arrears month by month, by what we can afford, which might be quite a lump sum, if things brighten up a bit.

 

We used to have an automated number that you rang, and just paid over the phone.

 

Unfortunately we don't have that now.

 

Does anyone have the number, or know the banking details of Santander, so we could set up a standing order.

LilythePink

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  • 4 weeks later...
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