@santanderbankgb CL Finance and old satans card debt

[sups88]

I have a small debt of around £150.00 with CL Finance currently, it used to be a Santander Card.

 

I have only recently started looking into the debts properly. In doing so I sent a CAR request to CL Finance

 

Today I got the response that they do not have the original credit agreement but have requested it.

 

Please can you confirm as to what my next step here is please?

[dx100uk]

regardless

 

they have 12+2 working days to send it

 

if not then fire off the failure to comply letter.

 

is this debt on your CRA file?

 

dx

[sups88]

OK thank you. They have until Friday 18th until their 12+2 business days are up. If I don't have the original agreement by then, I will send the non-compliance letter.

 

On your second point, yes, the debt is on the CRA File.

[dx100uk]

defaulted date

last payment date please

[sups88]

Account Status on Experian states: 6 Late Payments

It is being paid 5 pounds a month as part of a DMP and last updated on 22/09/2103

 

Does this change anything?

[dx100uk]

whose the DMP with?

Is this the only debt in the DMP

 

it there a defaulted date in the debt summary

 

dx

[dx100uk]

aw god you STILL with kennys I though you were going to dump them!!

 

dx

[sups88]

Ha, I am in the process of ditching them. Plus there are some location complications with my GF being here and the debt registered at her old home address so things are taking longer than planned. All moving in the right direction though.

 

There are other debts within the plan yes, this is the only one that I sent a CAR for and have a response back from so wanted to keep the threads for individual debts.

 

No default date is stated as it seems this isn't in default, just states that the status is 6 payments late. I can give you the below dates that are mentioned though by experian report:

 

Started: 14/08/2008

DMP Start: 01/03/2009

 

Is that helpful?

[dx100uk]

not to you no.

 

it amazes me the DMC has on yet another debt allowed things to happen that are of no help whatsoever to debtor.

what the hell do that paid for..........

 

sadly not much you can do really. shame the debt has no default as its gonna haunt you for a tleast 6yrs no matter what happens now.

 

ok let it run then

 

after 12+2 days fire the failure to comply letter off and stop paying this creditor.

 

at least they might default you then...

[sups88]

As it hasn't defaulted, if I was to settle it one way or another would that help her credit score/ report?

 

Not that I'm going to, just curios...

[dx100uk]

you could yes and it might slightly improve her score

however it would sadly still show as default I bet!

 

ever thought of an SAR satans bank?

 

could be PENALTY charges or/& PPI?

 

dx

[sups88]

Ok will take a look at what options I have with regards to improving her credit score on this one, thanks!

 

I haven't really no due to the small outstanding balance. I guess it wouldn't hurt, I assume as the status is late payments there may be some fees on there?

[sups88]

Have sent an SAR request anyway, hopefully be something on there to claim ...

[sups88]

Just had a though on the above I could do with some help with. As stated before CL finance have been unable to provide me with the credit agreement and admit that the debt is unenforceable.

 

Does this give me good grounds to produce to them a full and final settlement offer? I want to get this debt cleared as soon as possible and considering it is quite small maybe this is a good place to start?

[dx100uk]

it certainly put you in a good position to get a very low settlement figure

 

however you MUST ensure:

 

that they will guarantee in WRITTING that the debt will be marked as SETLLED

not PARTIAL settlement.

and that any negative markers [late/over/1,2, 3 etc or 6 or 8]

are removed from the debts history.

 

else it'll be a waste of money as it wont improve the score any

 

dx

[sups88]

Thanks DX, may go down this route then. Do you have a link to a full and final settlement letter i should use/ amend the fir my circumstances?

 

Have you ever known a DMC to remove the negative markers before? Just curious...

[dx100uk]

DMC you mean DCA.

 

yes I have the MOST important thing is getting it marked SETTLED though.

 

the green library tab has letters

 

adapt one of those to include you condition of payment

 

but GET IT IN WRITING FIRST

tht they ARE going to abide by YOUR conditions

BEFORE you hand the money over.

 

dx

[sups88]

Thanks again DX really do appreciate your help.

 

I know I am being a pain with all these questions now but have gone into the library under the dect collection section

and there aren't any letters in the for Full and Final Settlement that I can see.

 

Anywhere else that they are stored?

 

Thanks again!

[dx100uk]

looks like for some reason we no longer carry then in the library section or anywhere.

 

not sure of the reason.

 

however i'm sure if you use our search on the right of the grey toolbar up top for

 

full & final

 

you'll find something to use in old threads

 

dx

[sups88]

I have made one up myself using different templates I could find. Can everyone let me know what they think and if I am missing anything before I send it:

 

Dear Sirs,

Account: XXXXXXXXXXX

I acknowledge receipt of your letter dated 8th October 2013, the contents of which have been noted.

On 26th September 2013 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on the 27th September 2013 Enclosed with that request was a postal order/Cheque in the sum of £1.00 which represents the statutory fee. You have failed to comply with my request as you acknowledge in the letter mentioned above.

I would like to offer as a conditional payment the sum of £40.00 as a Full and Final Settlement of the account. This offer is made on the understanding that the below terms are met:

· Neither you nor any associate company will take any further action or enforce to pursue this debt in any way whatsoever and that I will be released from any liability

· The remaining balance must not be sold on to any third party

· All negative markers will be removed from the history of this debt on the credit report

· You make an entry on my credit file to mark this debt as Settled in full

Payment can be made within a week of receiving your written agreement of this offer and payment method.

[dx100uk]

looks ok

[sups88]

Thanks DX will look to send this afternoon then.

[sups88]

Just another quick question for anyone that can help. Wjhat postal service should I use for letters between myself and DCA's? I have been using signed for but this obviously gets expensive for lots of correspondence. Is there anything else I can use?

[dx100uk]

you only need to prove you sent the letter

 

use free proof of postage from the PO counter.

 

dx