SANTANDER car loan issues- being nasty - now sold to bluestone/close credit management?

[allison6564]

Oh and I did get a letter from Satans in response to my letter asking them what the hell was going on

 

...and the fact that I had a telephone call from Blxxx even before any paperwork etc.

 

They just say that it was passed to them on 22nd July and that a letter was sent from Blxxx on 23rd July ..

 

..they do make me laugh though when they say this

 

"I can confirm that it is not in our procedure to inform customers once their agreement has been sold, as it can cause confusion for customers" unbelievable!!!!!!

[theoldrouge]

Yes Allison,

just the normal CCA request under S77 for the first letter,

and a letter - Under S97 of the CCA1974

I request a statement indicating the amount that would have been required to settle my loan at Termination,

showing the total amount required to settle the loan at termination before deducting any rebate,

whether I was entitled to any rebate either under the agreement or by virtue of S95 of the CCA 1974,

the method of calculation of any rebate,

and the total amount payable less any rebate.

I understand that this information should be provided within seven working days, Yours..........

[theoldrouge]

Also been having a long think over the best way forward with this one,

 

I would suggest once all the relevant info has been gathered, and if the rebate turns out to be ok,

 

you make an indepth complaint to Bluestone,

who bought not only the rights but also the obligations to your account,

seeking substantial redress {8863 would be good:-):-)} for all your distress, time spent on this matter,

and all the serious breaches by Satans of CPUTR 2008.

 

If they refuse the matter can then proceed to the FOS and would be a shot accross the bows of any litigation.

 

Im away all next week but will be happy to help with a letter after that, anyway just my thoughts- get all the info first

[allison6564]

Thanks so much OR xx lots to think about and now I,m begining to realise that at the stage I'm at you have to THINK about your next move.....have a great week away and I'll keep everything until you get back but will fire off the two requests over the weekend to keep it all going ....your help is invaluable to me xxx have a great week x

[allison6564]

Sorry one last thing but what is 8863

[theoldrouge]

Bluest claim £8862ish, redress required £8863:-D:-D.

 

may sound extreme but you have got plenty going for you with this.

 

Out of 8 debt collection guidance practices of the OFT,

in their letter of May 8,

the use of Anglia and general evidence from your SAR reply,

Satans broke 5 of them, and they are also in breach of plenty of the Regulations 5,6 &7 of CPUTR 2008,

plus distress caused and your many hours of research in dealing with this.

 

Lucky old Bluest who bought the obligations to your ac will be so pleased with their purchase.

 

Long letter will be required when all the info is gathered then probably on to the fos yet again!

[allison6564]

Well back after taking a break for a week as things started to get on top of me etc but ready to start fighting again and oh what a shock when I checked the credit report this morning!!!!

There are now two defaults on my file for the same debt but differant dates, values etc one from Santander saying satisfied and the other from Blxxx! Reads as follows on my report:-

 

Santander Started 16/06/2010

Current Bal Satisfied

Default Date 22/07/2013

Default Balance £9739

Date assigned to CAIS Member 01/08/2013

 

then.....

Bluestone xxx

Curent Bal £8862

Default Date 25/03/2013

Default Balance £10389

Current Bal £8862

 

surely this can't be right? I know I have other defaults anyway and so my report is bad but this looks like two differant debts etc.

 

I am about to do thew two letters to Bluxxx today but just wanted to check that as I have already had a full SAR from Satans is there any need for me to ask Blxxx for a CCA too? Also is there a template letter anywhere asking for the info re default balance and rebates etc. I really am useless when it comes to letters so any help or guidance would be apprecaited. This one is getting a bit messy etc and to be honest I'm getting confused with it all but will sit down for an hour now and go through the whole file and then try and get my head around it all.

[allison6564]

is this ok to send for info on rebates etc ......

"I am writing to request further information in regards to the above account as I am totally confused in regards to the balances owed, default notices registered and various other details.

 

I request a statement indicating the amount that would have been required to settle my loan at termination, showing the total amount required to settle the loan at termination before deducting any rebate,whether I was entitled to any rebate either under the agreement or by virtue of S95 of the CCA 1974, the method of calculation of any rebate,and the total amount payable less any rebate.

I understand that this information should be provided within seven working days.

"

[dx100uk]

I request a statement Under S97 of the CCA1974 ...then ok

 

delete your first line, no need to give them room to wriggle using your confusion.

 

....................

 

as for the CCA.

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

 

of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

 

 

 

....

so you adapt it to say section 77

 

dx

[allison6564]

thanks dx all done will send off today ......what do you think about the defaults etc...very confusing !

[dx100uk]

that's what usually happens

 

though the default date MUST NOT CHANGE

 

sometimes cra's carry 2 accountd for the same debt when its put up for sale

and

then latterly bought by a debt buyer.

 

though if the situation persists, say passed 1 month from the debt being bought

 

then you ideally need to complain

 

the same debt should not be showing twice on a cra file for 'more than a month or two' at max

 

dx

[theoldrouge]

ok,

the reason for sending the cca under s77, is so if you decide to go the complaint/redress route is that Bluestone by replying under s77

agree that it was indeed a fixed sum credit agreement and whatever goods were purchased are of no consequence.

 

I think is important to send copies of your requests to Banner Jones together with a holding letter stating

-that you have last week received your subject access request from Santander Consumer Finance which has raised further queries requiring information

(copies of requests sent to Bluestone are enclosed),

 

and until I receive replies to these requests together with a response to my complaint letter of.......

.,I am not yet in a position to provide you with a full response to your letter of 19 August 2013,

however as soon as I receive this information I will provide a response to your letter,

 

Yours.......

[allison6564]

Hi OR sent off the two letters to blxx today so will do one to banner Jones in the morning as per your post. This one is getting very messy now but I,all fight on x your help both OR and dx is invaluable to me x

[allison6564]

well not had any responses from my letters yet but it is early days but

 

out fo the blue had a full statement from start to finish from Satans today date 12th mind!!!!!!

 

Looking at it the ending balance was £9739 which is the same as the default balance that satans registered

 

so NO rebate at all applied at default.

 

Can they do this is this right?

 

Can they not do a rebate as I had missed payments etc?

[BRIGADIER2JCS]

I think all chances of any rebate would be eliminated on the placement of the default/termination of the account.

[theoldrouge]

What credits have been applied to the account by satans since their previous statement end

ie, for the period 15/5/2013-date of latest statement ?

 

Yes they have to give a rebate, its in the original agreement, so this should show on your s77 cca from bluestone statement

explaining how they got to £8862 (the rebate can be applied on termination).

 

We will know when Bluest explain how they got to 8862.

 

The main thing is to get all the replies,

get the amount owing sorted,

and get that complaint to Blstn and their solicitors (if that is the way you want to go),

 

that would be my way forward negotiating and avoiding litigation, as said, I will help you with the letters

[BRIGADIER2JCS]

The account would have to have been up to date to get an ESR.

[theoldrouge]

not according to clauses 2.1 and 2.2.2 of the agreement

[theoldrouge]

just to clarify on the rebate Allison,

 

imo not only does it clearly state in the t&cs that the rebate must be applied,

but also because your agreement is a fixed sum agreement regulated under the cca 1974, and NOT hp or conditional sale,

 

The Consumer Credit (early settlement) Regulations 2004 apply,

in particular Regulation 2(1) Entitlement to rebate

-(in summary) the creditor must allow the debtor a rebate calculated in accordance with the early settlement regulations,

WHENEVER the indebtedness of the debtor becomes payable before the time fixed by the agreement including on breach of the agreement-

 

anyway thats my understanding:behindsofa:

[allison6564]

thx guys will wait for all the info to come in and then take it from there..

..no credits AT ALL have ever been applied by Satans..

....just two debits of £25 for late payment fee's.

 

Will see what the info says and go from there..

 

.thx again OR for your help xxx

[theoldrouge]

This is starting to become clearer,I hope:???:,

 

so Default bal £10389 on 25/3/ 2013,

you paid £200 10/5/2013,

statement end bal £10189, 15/5/ 2013,

 

so you made a payment or payments totalling £450 between 16/5/2013 and 22/7/2013 (can you confirm this),

so bal £9739 on 1/8/2013,

Satans apply rebate of £877 on 1/8/2013 and sell ac to Bluestn with bal of £8862.

 

When you receive the info I suggest you get the rebate and rebate date checked by your local trading standards

as they have a computer programme specially designated for this purpose (yes, the formula for calculating rebates is that complicated).

 

You would need to fax them your agreement, dn notice ,,termination notice, early settlement statement and full ac statement

for them to do this (it is a free service), and request the result formally in writing, this could prove to be very useful in negotiating with Blstn

[allison6564]

Hi OR

Bal on 25/03/13 was £10389 and

I made 3 payments of £200 but only just noticed that they have in fact refunded the two £25 charges £50

so balance at 01/08/13 was as you say £9739 and on thier statement this is what they wrote off.

 

So from that we can see that a total rebate was applied of £877.

 

Now I will do as you say and get in touch with trading standards

once I have a reply but looking at it very basically the rebate would of been for two years interest on a five year loan,

total intrest added was about 5k

 

so surely it should of been more.

 

I'll get it all checked out though once I get the repsonses and let you know. Thanks

[allison6564]

Hi

well had a response from Blxxx yesterday and this time it only took a few days to get to me!!!

I have scanned it up and not sure what to make of it all to be honest.

Their tone has changed from the bullying ways they had at first but I'm so confused over what they are saying ie

 

Yes I sent a complaint to Satans telling them how I had been contacted by Blxx by phone with nothing in writing from either of them etc etc

and Satans responded giving an outline of what ahs happened from their view and that was that.

 

Then the third paragraph goes on about rebates etc

so really need some advice on this one

 

I also sent Blxx a letter dated 16th Sept as previous post from OR asking for info via S95?

Are they saying this is their response to this request?

 

The statement they sent from Satans has the bal as £9739 as my prev post.

 

I'm going to check my credit file now to see what is happening with the defaults etc.

[allison6564]

Credit file still says the same with two defaults for same debt but differant dates, amounts and companies!

[theoldrouge]

Several points to consider now Allison,

 

first you are now able to get that rebate figure and the date it was applied checked by your local TS if you wish.

 

As regards your credit file

Satans entry is clearly wrong, should be under closed accs anyway, and at some stage needs correction, but this is something of a side issue at the moment.

 

You need to decide the way you want to proceed with this, and as I see it you have three options.

 

1) Litigation, they issue you either admit,defend or counterclaim- but I cannot see any paperwork issue to recommend any of these choices,

 

2) You swallow everything Satans have done, accept this and negotiate with Bluestone a low a monthly payment as you can

-quite understandable if you are fed up with this and want a peaceful life,

 

3)You make a Formal comprehensive complaint to Bluestone about all that has gone on with your account

and attempt to negotiate redress and consequent reduction of the balance outstanding

-this is of course my favoured route and would have the added advantage of prolonging the dispute in the hope of developments from the fos re hsbc.

 

If you wish to go option 3

you would need to scan in the letter from satans re repo of the car,

any correspondence from anglia,

and copies of all your complaint letters to satans and bluestone,

and I could then prepare a letter for you,

 

anyway thats my thoughts hope this helps