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    • Thank you for your reply.   I wouldn’t want to make an allegation of theft because it wouldn’t seem right as I did give him the phone to use for a few months, although I’m not sure if it being eventually sold makes it theft. I don’t know why my brother sold the phone, but I’m assuming he must have had financial difficulties at the time to have done this as it is completely out of character for him.    Sadly the family situation means there wouldn’t be any complications in that respect. I would usually take this on the chin and move on but unfortunately it’s one of many difficulties at the moment that by being resolved would help alleviate some other problems. It is myself who will be dealing with my brothers estate but unfortunately there isn’t one which is putting huge financial pressure on myself.    I very much appreciate everyone’s input in things. It’s easy, from my point of view, to look at things and only see it one way and not think of the other. Of course it would be nice to have the phone back and help alleviate some of the many problems at the moment but I understand this may not be the case. 
    • The EU is turning into an aggressive bully. It is incapable of reforming itself. Remaining in the EU is the high-risk strategy – not leaving it.   The EU is a fundamentally protectionist trading bloc The EU seriously misallocates resources The EU is a political project that is fundamentally anti-democratic The ‘purposive’ nature of EU law The folly of introducing the euro The demographic ageing of the EU population The EU has inadvertently encouraged regional separatist movements to develop in a number of member states Increasing Euroscepticism in the EU The EU have been blamed for the tension between Russia and the Ukraine   There is massive corruption in the EU well illustrated by the fact that the EU’s accounts have not been approved for the last 20 years by the EU’s chief auditor in respect of around €100bn of expenditures.   The EU’s negotiating behaviour over the Withdrawal Agreement revealed itself to be little better than an aggressive bully when it did not get its way.   Stopping the UK from participating in Galileo, Europe’s Global Satellite Navigation System, despite our significant existing investment.  Threatening to stop our aircraft from taking off and blocking Eurostar trains from entering the Channel tunnel. 
    • Thank you for your reply. As a business owner myself I can appreciate CEX point of view in matters.   We never had a loan agreement. Although my brother did offer to pay the monthly price of the phone. Which he paid by bank transfer to me every month he had the phone.    In the current situation they are and will remain in financial loss on this occasion, which they have openly said to me. They are sticking with there point that they are happy to hand over to the police if requested which they know will not happen. They are also aware that the phone will remain locked, and effectively unsaleable, until returned to myself. I understand though that the phone is there collateral in all of this and offering to sell the phone to me for £393 is there way to do some damage control.    Whilst the offer may be reasonable it unfortunately makes no sense to me financially. I would be more out of pocket if I done this. It would be nice to have the phone returned but the worst case would be for me to leave the locked phone with CEX and purchase a cheap mobile to use until the contracts runs out. I have the SIM card for the line. 
    • Apologies.   I recieved the email 'An important update about your mobile tariff' with the no termination fee details mentioned on 24 06 2021   I called to terminate/get a PAC code on 14 07 2021   Today I noticed that there is a payment for the full amount about to be taken out of my bank account, and today an agent on instant chat told me that when I requested my PAC over the phone on 14th the agent did not note that I had said that the change would affect me, this last requirement seems pretty flimsy and wasn't mentioned in the email.   I wanted to find out if I could safely block this at my bank before payment is taken as I have no confidence in O2    
    • I'm afraid that I take a slightly different view. Although this will add to your grief and distress, if you make an allegation of theft to the police and eventually persuade them to carry out an investigation and give you a crime reference number then you should have some joy if it is actually considered to be a stolen item. Of course there are a number of difficulties here. First of all you will make things far more complicated for everybody else who is grieving because I imagine that you are not the only one and so therefore you may incur some wrath and resentment from others who decide that you are simply attacking a man when he's not around to defend himself. It will damage your brother's reputation. And finally – and maybe the most difficult – is putting sufficient pressure on the police to consider that it is a legitimate crime report and to give you the crime reference number that you need. If you can get it to be treated as a stolen item by the police then the ownership of the phone remains with you and you should then eventually be able to recover it – but don't imagine it will be easy. CEX could then try to sue your brother's estate if there is any money there and of course if CEX can be bothered – which they probably can't. Alternatively, you could put in a claim against your brother's estate – once again if there is any money there. If you want to go the police route then of course it will be helpful if your brother has got any form for this kind of thing – but I can still imagine that the police don't really want to get involved and will keep on trying to say that it is a "civil matter" which is a standard way of saying you are nobody important and therefore we don't want to get involved. Or if it is you who has been accused of crime – then you are too important and it's going to cause a load of hassle if we investigate you.  
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santander reclaim late fees?


HP Mum
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Posted (edited)

Santander sent a letter recently offering £s due to mistakes made.

Only their starting balance was wrong - due to late fee charges incorrectly or unfairly added - and they used 8% simple interest to calculate.

 

So gone through old statements to check all charges.

 

Calculated £230+ of late penalty charges dating back to 09. 

Added that figure in to a CI excel spreadsheet and used the % they mostly charged (22.25%).   

Its totalling £2k+

I reclaimed penalty charges 5 years ago from Barc.   Is it the same process and same rules and regs to follow now?  Or have there been changes?

Edited by HP Mum
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you are correct

is the A/C still active?

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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Posted (edited)

sold to hph (hoist) in Oct 14.  They gave it a new account #

The balance at sale was wrong.  They quoted £295 owed.   Yet there was already £230 of £12 fees + compound interest owed by santander.

The last payment into the account was June 2011. Nothing since.

They ask what account they should send the reimbursement to.   This was a credit card account - so assume they consider the account/ card closed...?

 

The letter says they didn't send a nosia - notice of sum in arrears - when the min payment wasn't met for 2 consecutive months.  They've quoted a date of start 2010 

They refund interest, default fees charged from this point - and have calculated £450+

Then they calculate using 8% compensation on the refund up to this month 2021 - £390

They deduct 20% tax from the 8% compensation calculation ! - £78

Then they deduct what they say was the outstanding balance (295)

Giving an alleged owed amount of £475 .

 

Thats a big difference to the the CI excel spreadsheet version!

 

Edited by HP Mum
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the charges can only be reclaimed at their int whilst they charged it

then from that date you are entitled to 8% till settled.

 

i think they have it right then.

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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Thanks dx

I will go back through the statements.

I think I understand that you are saying - can claim CI from 2009 up until they stopped charging the 22.25% and then 8%

I will input in to the excel sheet.

Although they shouldn't take tax as was under personal allowance

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as you did before 

CISHEET till Int ends ..then that whole figure on the day after in the statint sheet till settled.

 

HMRC made the 20% tax compulsory, it's for you to then reclaim that from HMRC with proof under their relevant form.

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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Share on other sites

Posted (edited)

inputted figures again from 2009-start 2012.

The late payment charges + CI add up to apx £300 (at 22%) for that 3 year period.

Then 8% simple interest from start 2012 til today is £620.

 

Im a bit confused on how to re-consider the interest that would have been applied on a wrong balance during those 3 years.

 

The letter from S said that in their own calculations they were refunding interest - yet they calculated from 2010, rather than 09.

 

Also S calculation for the 8% was 390 compared to my 620

Edited by HP Mum
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probably calc'd OC int from the date of the 1st missing NOSIA letter, rather than from birth of each penalty charge(s)?

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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Share on other sites

original creditor.....

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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Can't find any statements before June 09.  Although Sant says account started in 04.

June 09 balance was £1711.

From July 09 until Feb 2012 - I calculate £524 of interest paid and £230 in late penalties added.

 

Made ad hoc payments over 2 years - whittling balance down to £188 by June 2011.

No payments after June 2011.

 

By Feb 2012 the balance increased to £295 - by interest and £12 late penalty charges

No further interest added.

 

Sant sold to Hoist Oct 2014.

 

Sant have written offering a refund of interest and default fees charged from Jan 2010 - which amounts to £460.   But there were a couple of £12 charges in 2009 - which would have affected the interest paid.

 

Should I write to Sant and query their offer?  Ask for a breakdown of the interest charged and whats been included in their refund offer?

 

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any penalty fee from any date goes into the CISHEET at their int rate with the claim to date set to when the OC stopped their std int rate charging.

if you don't know that date use the sale date to hoist. then that figure to stattint from the day after, leaving that claim to date alone until they settle.

 

they'll soon pull you up if something is wrong, which is when you question their PROOF of how they are making that decision it's not right.

 

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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Should I send them a SAR?

they say account started in 04.

Only have statements from 09.

So maybe would be good to get them to provide all the old data.  Which may well include many more penalty charges.

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you never know....

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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Share on other sites

shouldn't be using email..

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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Share on other sites

Use their letter address?

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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Share on other sites

Their recent letters were from a different dept.  Something called Rem 1.

In Bradford BD1 5AN

 

I went on their website and it gave the other address as the one to send sar.

 

Think I'll send copy to both...

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well if they tell you where to send an sar....

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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