Hoist/Cohen claimform - Ex Santander CC***Claim Discontinued***

[daverules]

Hi there,

I had a credit card with Santander for some years and have kept up with the payments

but only the payments as due to being ill over the past seven years with several illnessess

I have been unable to work so defaulted on the card.

 

I was unable to deal with this, part burry head in sand and dealing with hospital sttuff and

now I owe nearly £5000, £4000 being the credit and £1000 being the charges.

 

End of january I recieved a letter from 1st Credit saying, (this was the first letter from them)

 

"Client: Santander Cards LTD

Debt: xxxxx

Client Account Number: xxxxxxxxxxx

Our records show that the above amount remains outstanding.

 

If you do not make contact we will concider pssing your details to a local Doorstep Debt Collector.

This individual would visit your address to confirm that you are still resident and prepare a Pre-Legal report.

 

We appreciate that you may not want a personal visit. I will therefore delay the visit for three days drom the date of this letter to allow you time to settle your debt.

 

Please send your payment blah bla blah

 

DO NOT UNDERESTIMATE THE SERIOUSNESS OF THIS MATTER.

 

Ok no one visited and five days later I recieved the following:

 

"Client: Santander Cards LTD

Debt: xxxxx

Client Account Number: xxxxxxxxxxx

The above amount remains outstanding. We may now take legal proceedings against you and if succesful it may result in-

 

Substantial Legal Costs;

 

-entry of your name in the Register of Judgments, Orders and Fines, which may make it difficult to obtain Credit in the future.

 

Continued failure to make payment could result in enforcement action such as;-

 

-An application to your employer for an attachment of earnings;-

 

-Seizure of your assets by a County Court Bailiff.

 

PLEASE TAKE THIS FINAL OPPORTUNITY TO MAKE CONTACT, TELEPHONE BLA BLA BLA

 

Well not working and only been able to eat and live due to others buying me food, I have no income so what should my next step be please...

 

many thanks for all and any advice.

[rebel11]

Hi Dave

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[Bazooka Boo]

Really does depend on whether you want to enter the game of letter tennis or not?

 

As you say you have nowt, I assume you are on benefits? Then the legal amount they will EVER get from you is £1 a month end of.

 

If you want to start the ball rolling in letter ping pong, then you could send them the CCA request, enclose a £1 postal order with it and see what they come back with if anything, either way, you've no income, so £1 a month is ALL they will ever get from you until your circumstances improve/change.

[Happyhippy1959]

Daverules, good advice from all. Just keep the boys and girls informed and they will help you through it.

[daverules]

Thank you all for the quick replies ,help and support.

 

CCA request going off to them by registered post this afternoon.

 

Cheers

[Happyhippy1959]

Save your money, a certificate of posting is good enough

 

[daverules]

Hi there,

a week ago I recieved a letter from Fredkinsons saying thaey have been instructed to collect on behalf of Santander

relating to a credit card for the sum of £4k+ and advising me that I can pay them via debit card, credit card or cheque,

I have had not had time to deal with this as was having health issues relating to a long term illness.

 

Today I recieved another letter dated 02 sep 11 from them containing the following:

 

LETTER BEFORE ACTION

 

THIS DEBT MUST BE PAID IN FULL TO THESE OFFICES WITHIN THE NEXT 7 DAYS OTHERWISE WE WILL TAKE IMMEDIATE ACTION.

 

Should it be necessary to issue proceedings in the County Court (or Sheriff Court as may

be appropiate), further additional costs will be added to the balance outstanding.

 

This then shows the following costs that will be added...Court Fees £85.00 and Solicitor Costs £80.

 

Then contains the following....

 

If a Judgment or Decree remains unsatisfied a bailiff or sheriff officer may be instructed

to recover assets to discharge the outstanding dept. Judgment debts are registered by the Court.

 

Now I have read enough on this site to know not to call them

tho to be honest I have no qualms about doing so as I don't scare or cave in easily,

have had some serious health problems over the past 11 years

and demands for money is nothing compared to them.

.however, I digress.

 

I believe the card was taken out in 2005/2006 but cant recall what year to be presise but certainly one of those years.

 

Payments were being made until some time last year when they were then stopped due to lack of funds and other concerns.

 

I will be sending off a CCA to Freds this week and report back with any developments,

in the meantime any advice or information is greatly recieved.

 

Thank you in advance

Edited September 5, 2011 by daverules

[PGH7447]

you seem to have it in hand - good luck

[ims21]

Hi

 

Another point is thst if you stopped paying last year, there may be late payment charges etc on the account which can be claimed back and this will contribute towards the amount due.

 

Do you have your statements?

 

Regards

 

ims

[daverules]

Hi,

thank you for your replies, i am unable to find my statments at this time, think they are in the

loft but I will see what turns up regarding the CCA and then look for them and possibly

SAR them as well.

 

Cheers....

[Bazooka Boo]

Let us know if Bryan 'bloody' Carter starts sending his love letters, he can be put back in his box very easily.

[daverules]

Hello all.

 

Been ill for many years and went through a bitter divorce,

 

 

had a credit card with Santander

 

who sold it to Hoist late last year.

 

The debt is aprox £5000 with £1000 being charges,

 

it went through many DCA's who offered discounts or to remove the charges but I did not engage them in any way

 

now it's in the hands of Robinson way, part of Hoist I know,

latest letter is that if I do not respond to them in 10 days they will pass it to their solicitors..

.sorry can't find the name of solicitors at moment.

 

I thought I had defaulted on this CC in Oct 2010

checked my report on Noddle but the entry is now missing where as before it did show up,

I signed up with Equifax to double check and it does not show on there.

 

Any suggestions as to what to do next please.

 

Regards

Dave

[Sidewinder]

The solicitors will be Howard Cohen - almost certainly.

 

 

Hoist bought up a huge number of ex-Santander accounts last year and Robbers Way have been chasing them down over recent months.

 

 

The bad news is that a lot of them are ending with claims being issued, and once with Howard Cohen this seems to happen very quickly.

You are not yet at that stage however.

 

 

I am in a similar position with an ex-Santander overdraft and RW gave me the 10 day deadline a couple of months ago

but have continued to send threatograms since then.

 

 

I have little doubt it will get there eventually, but no point in communicating with them until you have to.

 

Firstly, you could do with finding out exactly when the account went into default.

Any statements or letters that you can find which might help?

 

Was the account opened pre-2007 or after that?

You may end up here sending a CCA request,

but if it was opened after 2007, then they could produce a reconstituted agreement which would satisfy a court.

Lack of an agreement for pre-2007 accounts is harder for them to get around.

 

As for the charges, these could probably be reclaimed, so statements would be useful,

but if not then you could SAR Santander for full details of the account

and take it from there. It would cost you a £10 fee to do this.

 

What about PPI on the account?

[daverules]

Unsure but I guess that will show up on the SAR or CCA request

 

Many thanks for your help.

 

Regards

David

[Sidewinder]

Don't CCA RW at this stage - wait until you have reason to - no point in poking them too early!

[daverules]

Don't CCA RW at this stage - wait until you have reason to - no point in poking them too early!

 

Ok will hold off on the CCA

 

Cheers

 

I can now confirm account opened on 16/05/2006

 

Default date 29/11/2010

 

Information found on early credit report I downloaded on 12/01/2013

 

Cheers

[dx100uk]

interesting its gone from your cra file

prior to the defaults 6th birthday.

 

 

dx

 

3 threads merged for history

 

 

did you ever get anything back for the CCA requests you've already sent?

 

 

dx

[daverules]

Hello Dx thank you for merging theses.

 

I have never received a direct response to my CCA requests in the past just letters from DCA informing me that they were no longer dealing with the matter and were returning it to their client.

 

Have to agree it is strange that the default has disappeared and have now taken the free trial out with Expeirin to treble check, just need to wait 5 days for the pin number.

 

Regards

Dave

 

Just for further info, DCA's that contacted me and backed off were:

 

Clarity

 

1st Credit

 

Fredkinsons

 

Westcott

 

Moorcroft

[dx100uk]

cca request time me thinks

[daverules]

Ok SAR sent off now to do a CCA Monday then.

 

Just for info, I am on ESA and it is most certain that I will not return to work.

 

Regards to all

 

Dave

[Bazooka Boo]

Then all you will ever be forced to pay is £1 a month.....if they really are that childish that is!

[daverules]

Hello all,

I can now confirm that this CC does not appear on any of the three CRA's.

 

Regards

Dave

[Bazooka Boo]

OK, how many CCA's have you sent in the last 4 years?

 

IMO, I think it wise to stop playing the game of letter tennis now.

 

Only just realised this thread goes back to 2011 !!

 

I think if they had anything whatsoever then they would have taken legal action before now.

 

Obviously something is wrong therefore keep poking them and they respond with more empty threat letters.

[daverules]

Hello

Sent several to different DCA's but have now sent this as the final one seeing as they have now purchased the debt.

 

Will await their response but ignore until they take any legal action if they think they can.

 

Thank you

[Bazooka Boo]

I strongly doubt they can, else they would've a lot earlier.

 

Let us know what they come back with, if anything.