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

[allison6564]

Oh defo option 3!!!!!

 

More because of the way they have tried to bully me (both Satans and Bluxxx) and also the fact that I was trying to offer them more than I could afford

but they just wouldn't accept that and the way they also tried to con me into giving them the car back!

 

I now put them in the pot with all my other creditors though and will only offer them what I can afford when it comes to it

and maybe one day of my HSBC claim comes off could then offer a F & F possibly.

 

Its time we all made a stand against these people and my heart goes out to people who like me back in 2010

for whatever reasons end up making over commitments and get themselves further in debt from other avenues.

 

I wish I had never had a credit card or loan in my life now and one day when all this is sorted (if that day ever comes)

I will certainly look at things differantly and will certainly be making sure my young son grows up with this attitude too.

 

Its got a bit late now today but tomorow I will scan up all the info from the begining that you need,

 

can you tell me how to scan a multiple page doc as I keep having to do one page at a time

but there must be a way of making a folder or something is there?

 

Will be easier for you lol Thanks again and I know I keep saying that but I REALLY mean it,

 

good things come to those that do good and I believe good things must be on their way to you OR XXXX

[theoldrouge]

thanks for the reply Allison, I certainly feel its the right way to go. Sorry I cant help with scanning tips (being old I wasnt even allowed a calculator at school,so Im very low tech:-)), anyway Im away for 2 days but will work on that letter at the weekend, so you can send at the start of next week

[dx100uk]

i'm still following.. I bow the or's greater understanding ....

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[allison6564]

OMG my printer at work is AMAZING!!! I just popped all the sheets in and it scanned them all AUTOMATICALLY!!!! WOW impressed .

 

Anyway OR sorry for my excitement but I thought it was going to take me the rest of the day lol

 

Docs are attached and if you need any more please let me know. x

[allison6564]

Just looking at my file

 

I also came across this letter that came in the pack from Bluestxx that they say they sent to me,

 

now I can't find find a copy of this one anywhere but if they say they sent it to me then it must of been lost in the Royal Mail

but it clearly breaches guidelines I think as it goes on about repossesing my car!!!

 

It is not a HP agreement but a personal loan.

 

I can use Royal Mail as an excuse for not getting it like they have done for the letters being late arriving! More ammo OR?????

[allison6564]

At home now OR and just been checking a little log I started keeping of calls after that first one from Blxxxx totally out of the blue and really bullying etc .

 

...might help ...

 

23/07/2013 . 7.40pm they rang for first time out of the blue ...

.said I had not received any notification in writing etc said I would deal in writing.

..she was a real bully boy

...pay us.

..we own the debt now etc etc

 

26/07/2013 - rang again but I ignored as letter had gone off ...numerous calls in the day

 

I went away then but

 

when I got back loads of calls

and a doorstep visitor had left a card

 

7/08/2013 . Rang at 8.45AM missed the call but numerous calls in the day when I was out

 

8/8/2013 . 8.05AM rang and I said letter in post .

..she wanted to do security but I refused and said again I wanted to deal in writing as that way we both have a paper trail etc

and that I have so many debts it,s the only way I can keep track.

...she said and I quote that is not going to happen you will continue getting calls I just said OK ...

 

Oooo that's hard typing it all up

 

brings the calls and feeling of intimitadion all back

 

but found it

 

and not sure if it can help

 

but hope it does xxx

[theoldrouge]

Just looking at my file I also came across this letter that came in the pack from Bluestxx that they say they sent to me, now I can't find find a copy of this one anywhere but if they say they sent it to me then it must of been lost in the Royal Mail but it clearly breaches guidelines I think as it goes on about repossesing my car!!! It is not a HP agreement but a personal loan. I can use Royal Mail as an excuse for not getting it like they have done for the letters being late arriving! More ammo OR?????

 

 

Just got back and had a quick look at this

 

-You DID without question receive this letter Allison:-D:-D,

 

sometimes these things just turn on a little bit of luck,

 

give these debt buying bullies enough rope and eventually.....

 

....,certainly made your complaint a little longer!!!

[theoldrouge]

ok suggested letter

 

(computer playing up so will post in stages to save losing

 

)address to Georgia Gannon, Compliance Officer, Bluestone

 

,head with agreementno and FORMAL COMPLAINT,

 

send cc to Banner Jones just to make sure,

 

so first page-

 

Following receipt from yourselves of the requested information, you may take this letter of complaint as my full response

to the letter dated August 19th 2013 from your solicitors, Banner Jones, to whom a cc has been provided.

 

It has been established in law that on purchase of my account by yourselves from Santander Consumer Finance you became the creditor.

 

As creditor you not only purchased the rights to my agreement, but also the duties to, and obligations under which my agreement is regulated,

namely the Consumer Credit Act 1974 (CCA 1974), its sucessor CCA 2006, and by reference, the Consumer Protection From Unfair Trading Regulations 2008( CPUTR 2008),

and the Enterprise Act 2002.

 

When Santander Consumer Finance (SCF) sold you my agreement there were a number of very serious complaints unreplied to

and outstanding, including extremely serious breaches of CPUTR 2008, and these have been further compounded by serious breaches of your own.

 

As creditor it is now your responsibility to examine and resolve these matters.

 

Prior to listing my complaints it is necessary to establish that my agreement was a fixed sum credit agreement, regulated under section 77 of the CCA1974, A PERSONAL LOAN.

 

The goods purchased by the credit provided had NO link to the agreement, and were of no consequence whatsoever,

a fact that you clearly recognised and understood by replying uder section 77 CCA 1974 to my Copy of the Credit Agreement request.

 

The Office of Fair Trading (OFT) in its debt collection guidance, which sets out the standard expected of ALL parties engaging in the recovery of consumer credit debts

,has laid down six Overarching Principles of Fair Business Practice, SCF and yourselves are in breach of no fewer than five of these principles,

and I would remind you that these guidelines are regulated by CPUTR 2008,

 

in particular regulations 5,6, and 7, but I also believe one of SCF breaches to be so serious as to be in breach of Schedule 1, complete prohibition.

 

I will now deal with each Unfair or Improper Business Practice in turn.

[allison6564]

Wow that is just genius I would never of been able to put something together like this and more than anything it means that we're standing up to the bully boys and at least it will make them have to worry themselves like they make thousands of us do every day....well done can't wait to see the rest and thank you from the bottom of my heart xx

[theoldrouge]

page 2- 1)

 

Communication

-it is unfair to communicate with debtors, in whatever form in an unclear, inaccurate or misleading manner.

(g) failing to provide debtors with information on the outcome of investigations into reasonably queried or disputed debts

 

- from March 5th 2013 I wrote to SCF on six seperate occasions with various disputes, I have not received one reply to my letters.

 

(k)ignoring or disregarding debtors reasonable requests in respect of when, where and how to contact them-from March 5th 2013,

 

I have continually informed both SCF and yourselves that all contact must be in writing only, yet as recently as August 8th 2013 at 8.05am,

I was phoned by one of your operatives, who when told that all communication must be in writing only replied,

and I quote -"that is not going to happen, you will continue getting calls"

 

2) Now most seriously

- False representation of authority and/or legal position.

(those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position with regards to debts or the debt recovery process)

 

b) falsely implying or stating that action can, or will be taken when legally it cannot be taken.

-I refer you to the enclosed copy of a letter received from SCF dated May 8th 2013

stating that we have no alternative other than to pass the matter to their collection agent to arrange return of OUR GOODS

- a clearly illegal action and statement, since we have already established that my agreement was a personal loan.

 

This deceit has been further compounded by YOUR letter dated ??/??/?? (a highlighted copy of which I enclose for reference stating exactly the same.

SCF then passed my account to Anglia, who specialise purely in "rapid vehicle repossession" proof indeed if proof were needed of SCF misleading intentions.

[theoldrouge]

page 3- 3)

 

Physical/psychological harassment

-putting undue pressure on debtors.

 

b)pressurising debtors to raise funds by selling their property.

-I have numerous written examples from both my Subject Access Request reply and other sources of SCF

insisting that I sell MY car in order to reduce my liability-had I of surrendered the vehicle or had it illegally repossessed

I would have been unable to continue working and would have lost my income.

 

4)Deceptive and/or unfair methods.

 

c)refusing to engage, appropriately or at all with a debtor developing his own repayment plan

-I wrote to SCF on March 5th,April 3rd,April 9th, April 16th and April 22nd 2013 enclosing an income and expenditure statement

and offering a perfectly reasonable reduced payment-all my attempts were abruptly rejected

 

5)Debt collection visits-visiting debtors at potentially inappropriate locations

-I received a letter from SCF appointed agents, Anglia dated May 8th 2013, threatening to visit me at my work address, in order to discuss repossession of my vehicle

-a most serious breach of this guideline.

 

6)Quite clearly both yourselves and SCF have breached the Data Quality Guidelines, SCF by failing to ensure

that accurate and adequate information held about a borrower in relation to the by provision of credit to him by that creditor,

is made available to its own staff involved in the debt recovery process (as per SCF letter of May 8th),

and yourselves by pursing myself for the repayment ot the debt without taking reasonable steps to

verify the accuracy and adequacy of relevant data (as per your letter dated ??/??/??.)

 

Finally the OFT expects business to give serious consideration to any reasonable offer of repayment.

I made numerous repeated reasonable offers from March 5th until April 22nd 2013,

thes were all rejected by SCF, who then proceeded to send me their intimidating letter of May 8th. ..

 

.....last page to follow

[theoldrouge]

page 4

 

- In order to resolve these matters in the only way possible,

 

I demand substantial financial redress,

not only for the false and misleading information that SCF and Yourselves have provided,

the employment of vehicle repossession agents and

the extreme harassment of myself,

but also for the distress caused,

the many sleepless nights,

the detrimental effect on my health and family life,

my ability to work,

 

and as a lay person with no knowledge of the legality or otherwise of yours and SCF letters and phone calls,

the numerous hours of research that I have had to undertake to establish the correct legal position.

 

Given the very serious nature of these matters, I would consider it appropriate,under the circumstances for you to write off the balance of the account.

 

I therefore expect you to reply in a positive manner, failing which I will have no hesitation in forwarding my complaint to the Financial Ombudsman Service

for their investigation, and furthermore I will make a comprehensive complaint to the office of my Local Trading Standards Dept.

, who as I am sure you are aware are responsible for investigation of all complaints under CPUTR 2008,

with possible serious consequences under the Enterprise Act 2002.

 

Further I demand, as I have clearly demonstrated there to be a reasonably queried and disputed debt,

in order to avoid a further breach ot the OFT debt collection guidelines by yourselves, that all collection activities on my account cease

until this dispute is resolved in full.

 

I trust that this clarifies my position, and I await your positive response,

 

Yours............(enclose copy of satans letter of May8 and copy of blust letter highlighting the repo of car) and thats it!!!

[allison6564]

that's just amazing and thank you for taking the time to do it for me on a sat night! I'll get it all typed up in the morning and send off recorded/watch this space!!!

[allison6564]

Hi OR I am just getting the letter ready to send off but one thing that has occured to me is the fact that the default is on my file twice and also differant dates and amount! Should we be including this too?

[theoldrouge]

Hi OR I am just getting the letter ready to send off but one thing that has occured to me is the fact that the default is on my file twice and also differant dates and amount! Should we be including this too?

no, leave that as a seperate issue for now can be sorted later

[allison6564]

Well all been quiet on the Blxxx front until

 

today when I have had a response to the letter I sent.

 

apologies for the way that Satans handled my account,

agree that from my information it sounds like Satans did treat it as a hire purchase agreement

they cannot comment on events that took place before the account was transferred to BVlxxxx.

 

the letter they sent was a template and that the "actual" letter they would of sent

would of reflected that my agreement as a fixed sum loan.

 

can't write the debt off but if I contact one of their agents

can discuss an affordable repayment plan or reduced settlement.

 

if they don't here from me within 8 weeks they will assume the matter is resolved or if I want can refer to FOS.

 

not really sure where I stand now

 

they won't comment on anything that happened before they brought the account

but surely they should of had the FULL history etc?

 

Can anyone advise please.

 

Thx in advance.

[dx100uk]

they got the debt purely by looking on a phishing list

of one line of info on a spreadsheet.

 

they thought they could easily spoof another mug into coughing

as they do to 1000's of others.

 

you batted them off and have made the easy money something of a headache for them.

 

I doubt now they will actually do anything with it

in the hope you will go away.

 

dx

[theoldrouge]

Away till next fri no wifi, will have a look then, can you scan in their reply sounds like they are wriggling

[theoldrouge]

Yes mondays fine Allison, the pressures off for now from what youve said of their reply. I do like their excuse about their "pretend letter":-)

[allison6564]

No still too small will have to type it in .....

 

I am writing in reference to the above matter and your letter dated 1st October 2013 the content of which is duly noted.

 

Firstly I would like to sincerely apologise for the way in which your account was handled by Satans Consumer Finance however I am neither able to comment on specific events that took place nor on who they passed your account to prior to it transferring to Blxxx Credit Management.

 

From the information you have provided in your letter

it does appear that Satans treated your account as a Hire Purchase agreement

instead of a Fixed Sum Loan Agreement and for this error I apologise

 

Further to this I can confirm that Bleexxxxx Have always managed your account as a Fixed Sum Loan Agreement

and while I understand that the letter I sent you may have led you to believe otherwise,

I can confirm that this was merely an electronic template.

 

When the original letter was sent to you the wording would have reflected the fact that this was a Fixed Sum Loan Agreement.

 

Again I apologise that this was not made clear to you in my previous letter.

 

With regards to the outstanding balance under your Agreement

 

I understand from reading your letter you believe it would be appropriate for us to write off the balance

unfortunately we are not in a position to do so.

 

However Bluexxxx are willing to discuss a possible payment plan in accordance with your affordability or a reduced settlement.

 

Therefore if you are willing to contact us one of our agents would be more than happy to go through these options.

 

Finally I am obliged to inform you that complaints we cannot resolve

can ultimately be referred to the Financial Ombudsman Service.

 

However, if I do not hear from you within the next eight weeks, I will consider matters resolved.

 

Thank you for taking time to bring your concerns to my attention. I am only sorry it was necessary for you to do so.

[theoldrouge]

Well short of getting the ac written off

that reply was very helpful in that they have clearly now recognised the ac being in serious dispute

with satans at the time of sale.

 

This helps your aim of prolonging the dispute whilst the fos considers your ppi claims

and the possibility of getting redress from satans via the fos if necessary.

 

So the next step is

I would like you to write a letter of Formal Complaint to satans

as I dont think these matters have been complained about previously

and the fos would allow them 8 weeks anyway,

 

when you have written it post it up before sending,

and I will then draft a short reply for you to blues rejecting their arguments.

 

OK start your letter,

I suggest it is sent to the CEO,

with-I wish to lodge a Formal Complaint for the deceitful,misleading, and uncooperative manner

in which your company have handled my account.

 

I wish to first establish beyond doubt that my agreement with yourselves was for a fixed sum credit agreement,

A PERSONAL LOAN, the goods purchased were in no way linked to this agreement and were of no consequence whatsoever.

 

You have however, throughout your dealings with myself, treated my agreement as a HIRE PURCHASE AGREEMENT,

a false and misleading act.

 

- then continue with the letter we sent blues,

leaving out any reference to blues but add about their use of Anglia that this left you feel threatened and intimidated.

 

End the letter the same but leave out the bit requesting ac write off

[allison6564]

OK will look at the letter now but how to find the ceo info? Or do I just put FAO the CEO?

[theoldrouge]

Ana Botin Chief Executive Officer, Santander UK PLC, PO BOX 1125, BRADFORD BD1 9PG, mark it Private and Confidential

[allison6564]

Sorry still not got the scanner working but will copy and paste the letter, so busy at work ahven;t got the time to sort it out yet but want to get this letter off asap.

Thanks in advance:-

 

21st Oct 2013

FAO Chief Executive Officer

Santander Consumer Finance

3 Princess Way

Redhill

Surrey

RH1 1SR

 

 

Formal Complaint/Account in Dispute/Unacknowledged, disputed alleged debt

 

Dear Compliance Manager

 

I wish to lodge a Formal Complaint for the deceitful, misleading and uncooperative manner in which your company have handled my account. I wish to first establish beyond doubt that my agreement with yourselves was for a fixed sum credit agreement, A PERSONAL LOAN, the goods purchased were in no way linked to this agreement and were of no consequence whatsoever. You however, throughout your dealings with myself, treated my agreement as a HIRE PURCHASE AGREEMENT, a false and misleading act.

 

As a creditor you had duties and obligations under which my agreement is regulated namely the Consumer Credit Act 1974 (CCA 1974), its successor CCA 2006, and by reference, the*Consumer Protection From Unfair Trading *Regulations 2008( CPUTR 2008) and the Enterprise Act 2002.

 

When you sold my agreement there were a number of very serious complaints unreplied to and outstanding, including extremely serious breaches of CPUTR 2008.

 

It is your responsibility to examine and resolve these matters.

 

Prior to listing my complaints it is necessary to establish that my agreement was a fixed sum credit agreement, regulated under section 77 of the CCA1974, A PERSONAL LOAN.

 

The goods purchased by the credit provided had NO link to the agreement, and were of no consequence whatsoever, a fact that you clearly recognised and understood by replying under section 77 CCA 1974 to my Copy of the Credit Agreement request.

 

The Office of Fair Trading (OFT) in its*debt collection*guidance, sets out the standard expected of ALL parties engaging in the recovery of consumer credit debts and has laid down six Overarching Principles of Fair Business Practice, SCF and yourselves are in breach of no fewer than five of these principles,*and I would remind you that these guidelines are regulated by CPUTR 2008,*in particular regulations 5,6, and 7, but I also believe one of SCF reaches to be so serious as to be in breach of Schedule 1, complete prohibition.*

 

I will now deal with each Unfair or Improper Business Practice in turn.

1)Communication

-it is unfair to communicate with debtors, in whatever form in an unclear, inaccurate or misleading manner.

(g) failing to provide debtors with information on the outcome of investigations into reasonably queried or disputed debts

- from March 5th 2013 I wrote to you on six separate occasions with various disputes, I have not received one reply to my letters.

 

 

2) Now most seriously

- False representation of authority and/or legal position.

(those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position with regards to debts or the debt recovery process)

b) falsely implying or stating that action can, or will be taken when legally it cannot be taken.

-I refer you to the enclosed copy of a letter received from you dated May 8th 2013

stating that you have no alternative other than to pass the matter to their*collection agent*to arrange return of OUR GOODS

- a clearly illegal action and statement, since we have already established that my agreement was a personal loan.

 

This deceit has been further compounded by you then passing my account to Anglia, who specialise purely in "rapid vehicle repossession" proof indeed if proof were needed of your misleading intentions.

3)Physical/psychological harassment

-putting undue pressure on debtors.

b)pressurising debtors to raise funds by selling their property.

-I have numerous written examples from both my*Subject Access Request*reply and other sources from you insisting that I sell MY car in order to reduce my liability-had I of surrendered the vehicle or had it illegally repossessed I would have been unable to continue working and would have lost my income.

 

4)Deceptive and/or unfair methods.

c)refusing to engage, appropriately or at all with a debtor developing his own*repayment plan

-I wrote to you on March 5th,April 3rd,April 9th, April 16th and April 22nd 2013 enclosing an income and expenditure statement and offering a perfectly reasonable reduced payment-all my attempts were abruptly rejected*

 

5)Debt collection *visits-visiting debtors at potentially inappropriate locations

-I received a letter from SCF appointed agents, Anglia dated May 8th 2013, threatening to visit me at my work address, in order to discuss repossession of my vehicle a most serious breach of this guideline.

 

6)Quite clearly you have breached the Data Quality Guidelines by failing to ensure that accurate and adequate information held about a borrower in relation to the by provision of credit to him by that creditor is made available to its own staff involved in the debt recovery process (as per SCF letter of May 8th).

 

Finally the OFT expects business to give serious consideration to any reasonable offer of repayment.*

I made numerous repeated reasonable offers from March 5th until April 22nd 2013,*

these were all rejected by SCF, who then proceeded to send me their intimidating letter of May 8th.

In order to resolve these matters in the only way possible,*I demand substantial financial redress,*not only for the false and misleading information that Yourselves have provided, the employment of vehicle repossession agents and the extreme harassment of myself, but also for the*distress*caused, the many sleepless nights,the detrimental effect on my health and family life, my ability to work and as a lay person with no knowledge of the legality or otherwise of yours and your letters and*phone calls, the numerous hours of research that I have had to undertake to establish the correct legal position.*

 

I therefore expect you to reply in a positive manner, failing which I will have no hesitation in forwarding my complaint to the Financial*Ombudsman Service for their investigation, and furthermore I will make a comprehensive complaint to the office of my Local Trading Standards Dept. , who as I am sure you are aware are responsible for investigation of all complaints under CPUTR 2008, with possible serious consequences under the Enterprise Act 2002.*

 

Further I demand, as I have clearly demonstrated there to be a reasonably queried and disputed debt, in order to avoid a further breach of the OFT*debt collection*guidelines by yourselves, that all collection activities on my account cease*until this dispute is resolved in full.

 

I trust that this clarifies my position, and I await your positive response,*

[dx100uk]

bang!

 

great letter.

 

dx