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    • I have been living with my partner since 2013. But after the birth of our son in 2014 things became unstuck. We were living together but I was making plans to move out, even viewed properties etc and therefore began claiming CTC and WTC to ensure that I could afford to go it alone. Eventually we worked it out but it has been on and off for years. In addition to this, I was in a lot of debt, had lost my job and knew that (selfishly) I needed the tax credits to keep my head above water.  My partner has no idea that I was claiming and if he finds this out he will leave me for sure. The house, the bills, everything is in his name. I work but I dont make enough money to contribute to the house as well as pay all my existing debts (my partner doesn’t know about half of these either). I  once had a bailiff call at the house and I had to tell him about it. He was so angry and mortified (as was I) and I just feel like I am bringing so much shame onto our family. I have been living this lie for 6 years and I couldn’t find a way out of it. I know I have made a huge mistake. I just want to pay it back and try to move on from it. I’m worried that I will have to go to court, prison, or they will want to speak to my partner about it. I really don’t want him to know about this because it’s so shameful. From my estimations it could be between 28-30K. I have absolutely no idea how I will pay it back, as we wouldn’t be able to claim any further credits as a joint claim because he earns too much money.  I haven’t eaten or slept in days. I feel physically sick and I just can’t cope with the guilt and humiliation. I did make false claims and now I’m worried I will pay the ultimate price and lose everything I have.    
    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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


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just head it FORMAL COMPLAINT,in the OFT overarching principles leave out -and yourselves, in the para about anglia add this lead to me feeling intimidated and threatened (2b) I would still be inclined to address and send it to ana botin

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yes on reflection send to both why not

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almost forgot, dont forget to enclose the copy of their letter of may 8

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ok,

suggested holding letter to blues addressed to whoever replied to you

- head it ACCOUNT IN CONTINUING DISPUTE

- Thank you for your letter dated........,the contents of which have been noted.

 

I note from your reply that you accept that there was

and is a continuing reasonably queried and disputed debt concerning my account.

 

I further note that you are failing in your obligations as assignee and creditor

(as confirmed in the High Court in the case of Jones v Link Financial)

by being either unwilling or unable to fully investigate my complaint by liasing with Santander Consumer Finance. (SCF).

 

I therefore had no alternative other than to lodge a comprehensive final formal complaint with SCF on October 21st.

As you will be well aware they have 56 days in which to respond.

 

Turning to your reply I note that you now claim that your letter dated........

,which was addressed to myself, and QUITE CLEARLY states,the vehicle model registration no......

.as being capable of repossession by yourselves with a court order,

was in fact meaningless, an excuse I regard with disdain.

 

Furthermore I note that you have not commented on your employee

(despite your company having been informed since 23/07/2013 that all contact was to be in writing only)

who phoned at 8.05am on 8/8/2013

and when told in writing only replied

"that is not going to happen, you will contiue getting calls-you must have a record of this call, as indeed I do.

 

I therefore consider a mere apology to be totally inadequate,

given the huge amount of distress that this matter has caused myself and my family.

 

Therefore on receipt of anything other than a positive response from SCF to my formal complaint,

I will be forwarding a complaint to the Financial Ombudsman Service involving both yourselves and SCF.

 

In the meantime, as you have accepted this to be a reasonably queried and disputed debt,

all collection activity on my account must cease until this dispute has been fully resolved.

 

I trust that this clarifies my position,

 

Yours

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Well got in tonight and two missed calls and a message from someone called Govina

and she said she was from Satan's and was ringing in relation to my letter and can I ring her back.

 

 

Now I'm not sure but think that Govina was the name of the person who wrote from Bluxxxx...

 

 

will have to check in the morning when I'm in the office.

 

 

I know your going to say not to speak to them on the phone

 

 

but what do you think I should do.

 

 

..this is the fastest response from them yet!

 

 

Thanks

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nothing on the phone Allison, if you answer at home and its satans just say-due to your companies previous behaviour towards myself it upsets me too much to discuss this on the phone,so I wish to deal with this in writing only.-dont want to give them any opportunity to twist your words

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  • 2 weeks later...

Yes Allison def joint complaint Satans and Blues to the fos.

 

 

Satans reply was totally disingenuous.

 

 

Ive just looked again at their letter of May 8th

and how anyone would believe that they weren't after repo of the car,

(even bluestone realised this) only after the arrears-pathetic excuse.

 

 

When you send to the fos include a screenshot of anglias home page(specialist vehicle repo agents).

 

 

The fos will consider this against the oft debt collection guidelines,

so include all correspondence,

emphasise your fear at losing your car together with as a result your income.

Include a copy of your SAR highlighting all the mentions of surrendering your car.

 

 

Keep to each point that we raised which broke the oft guidelines.

 

 

Also emphasise the enormous amount of time that you had to spend in researching

the correct legal position of satans letter of May8,

include all correspondence sent to satans and blues

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can we see a scan of the may letter please

 

 

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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This is going to take me some time to sort out and get ready for the FOs etc

 

 

should I write to Bluxx and Satans and let them know I am referring the matter to the FOS.

 

 

In doing this will they have to still hold any action as the account is still in dispute?

 

 

I also got a letter from Bluexxx Fri just saying that they are holding all action until Satans get back to me etc.

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oh dear satan have dropped a bowlard there.

 

 

Anglia haven't

 

 

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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yes the point to make to the fos is the immediate use by satans following their letter of may8 of anglias services-rapid vehicle repo- scared you to death

PLEASE HELP US TO KEEP THIS SITE RUNNING

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This is going to take me some time to sort out and get ready for the FOs etc

 

 

should I write to Bluxx and Satans and let them know I am referring the matter to the FOS.

 

 

In doing this will they have to still hold any action as the account is still in dispute?

 

 

I also got a letter from Bluexxx Fri just saying that they are holding all action until Satans get back to me etc.

 

Just write a brief letter to blues headed

-Account in Continuing Dispute

 

-Due to what I consider to be your unsatisfactory responses to my complaints,

I am today referring my complaints against both yourselves and Santander Consumer Finance to the Financial Ombudsman Service

 

.I fully expect that all collection activity on my account to remain on hold until the fos fully

determine the outcome of my complaints.-Yours-

 

--- and a brief letter to satans fully rejecting their reply to your complaints

and informing that you are today referring the matter to the fos for their determination

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Yes will start on it all in the morning been busy at work today.

 

I am going to send to the FOS as I really believe the way it has all been handled is so wrong..

.they really are just bully,s but realistically what can I expect to happen?

 

At the end of the day I do owe the money etc and financially I just can,t pay the monthly payments.

 

I offered the £200 per month as my mother in law was going to pay it to stop me having my car taken away

but now that we have clearly established that they cannot do that I don't want her paying it as it seems wrong.

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The fos will decide on the fairness of how you have been treated and hopefully award redress for the way it's been handled,

for distress caused and your time spent on research.

 

And don't start worrying again,

 

at the end off the day bluestone are no different than your other creditors

and will only be able to have what your I&E says they can have,

don't forget it's only a personal loan

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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the more you read satans reply, you realise they didnt answer your complaints but

, like blust just try and absolve themselves with excuses which would stretch anyones imagination.

 

However bear in mind that they are not judge and jury,

only the fos will decide judged against each of the oft guidlines

and at least they now will have to pay a case fee.

 

The "we sent you a threatening letter but only half of it applied to you" is plainly ridiculous,

as was blues "it was only a pretend letter".and dont forget to enclose anglias homepage that you linked to in post 28

and link it to satans letter of may8

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 5 months later...

Well update on this one.

 

The FOS rang on Fri and

 

they are not upholding my complaint..

 

..shocked and didn't,t really take in all she said

 

but they're going to follow up in writing so can digest then.

 

Will have to get in touch with Blxxxxx

 

and send them an I and e with payment offer.

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not yet you wont

await the letter and scan it up please

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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Don't give up yet with the FOS, I didn't and got them to change their mind.

The general view of the FOS is that before they take action, you must be in a worse position than if the creditor had behaved themselves.

 

Post up your letter when it arrives and let the guys have a chance to read it before you rush into anything.

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