No way! Why?

As an update, I’ve not heard anything further from Santander yet but Allay Claims are already chasing for their cut. I have found the letter from the claims company now, it says clearly that they will not be able to pursue the claim and to do it myself. I just don’t see how they can now be sending me invoices when I’ve not even had any payment.

Sorry about the repost! Thanks dx100uk, interesting reading. Who knows how it’ll play out, I’ll keep this updated. Thank you.

I’ve read conflicting views on this, some banks don’t if they’re not related (they’re not) but as we’re talking about Santander I’m pretty sure they will. At the end of the day I do owe them that money so it is what it is.

I’ve read conflicting views on this, some banks don’t if they’re not related (they’re not) but as we’re talking about Santander I’m pretty sure they will. At the end of the day I do owe them that money so it is what it is.

I totally understand what you’re saying but I would have no issue with paying their fee if I were to have the money into my hands. I’m just concerned that they would try and take the fee even though they said they weren’t pursuing and I won’t actually have the money in my hands and it will be difficult for me to find the cash to pay them, I’m in no way moaning about just paying their fee. If the claim with them had gone through as normal with them I would have paid it because that’s what I signed up for. I appreciate your advice, thank you.

I signed up to a PPI claim firm on a bit of a whim (yes, I know!) and they came back saying that even though it looks like I had PPI with Abbey National (Santander) back in 2000 it’s such a small amount they won’t be pursuing it. They sent this in a letter, also saying I might want to pursue this small amount myself. I cannot now find that letter but I’m still looking. I’ve not got around to contacting Santander myself yet, it was about a month or so ago. Well, I got a letter yesterday from Santander saying they’re going to make a fairly decent sized payment to me... So, my questions are these; can the claim management company now ask for their percentage on this larger than they obviously realised payment? Here’s where it gets really worrying, I owe Santander more than the amount they’re saying they will pay me on another completely separate loan. I have a payment arrangement on that loan but have pretty much accepted that they will likely not actually send me the money but offset it to that. Fair enough but if the claims management firm chase their huge percentage when I’ve not actually had it in my hand I’m going to be in an extremely difficult position...

Hello CAG, A few years ago you all helped me out when I was in a real mess. I was made redundant while pregnant and had huge debts. Through CAG, I had advice to set up payment arrangements with them all and for about five years,I have been paying between £15 and £40 a month to four, two banks and two debt buyers. So, my question now is, what happens next? Will I just keep paying these off like this or will they ask me to settle etc? I've never again got a high paying job and work within a school now and enjoy it but can't see me ever earning enough to pay these off at really high amounts each month or in a huge lump. I still don't want to go bankrupt but just wondering if anyone else has the same experience etc, do things just trundle on as is or of they at some point get shirty again and start demanding a lot more / full payment etc? Thanks.

Hi, So I sent off a letter saying that the account was still in dispute etc and they have sent back a letter that says that they have already addressed " my concerns regarding your request for information under the CCA 1974" and that they are now taking "further collections proceedings". From this latest letter I can assume that these people are either very unorganised or just trying to be as confusing as possible. They say in this letter " thanks for your letter dated xxx" Then say that they have had no response from me in regards to their correspondence... They also say that they have enclosed a copy of their response to my CCA request - but they didn't. I did get this originally but it was nothing but waffle saying that Citi had already given me a copy of my CCA etc.. So any thoughts on what - if anything I should do next? They clearly have no CCA for me and are avoiding the issue... Many thanks

Thanks for that, going to send them a copy of the previous account in dispute letter I sent them and add in a version your comments at the top etc.

Hi there, just to update on this. I had a letter from Cabot eventually, in the short, saying that a copy of my CCA had been sent to me by Citi when I originally requested it ( not so of course). Did anyone else get that response to their CCA request etc? So since then I have not taken much notice of the continued requests for payment and calls etc. Had a letter today from Cabot threatening legal action etc. " Last opportunity to contact us" etc etc. I am 95% sure that they don't have a contract for me or it would have been sent to me by now I think. Anyway, would it be a good idea for me to SAR them now do you guys think? I am pretty sure that this would not get to court but want to make sure I do this all the right way. I'm hoping that they will get fed up if this goes on for say another year and take a low full and final off me maybe...

Hi Pushonup, just subscribing to your thread with interest. Have had exactly the same two letters recently... Goes without saying that I have never had a copy of an agreement. Will wait with interest for their response to you.

Oh and no not supplied a recent budget planner - they've not asked for one yet. Should I provide one every six months myself or wait to be asked?

Thanks for the advice. I will write a letter to Shoosmiths. I will let you know how i get on.

Hi there everyone, I have been paying on my Tomlin Order on this for a few months and all been fine. I got a statement from Santander today though that shows that they are still charging me interest. So I am getting nowhere getting it paid off... Can they still charge interest on an account that has been terminated and now being paid by Tomlin order?!?

Thank you so much for your post Enron. It's really helpful to me and i'm sure many others. I think i'm going to sit and wait for their next move on this one. I will post any developments, I am sure that there will be much further discussion about this topic! Thanks again.

I am one of the many that has just had their account sold to Cabot by Citi. The only response I had to my CCA request from Citi was the letter a few people got that said they don't have to send me a CCA as they are not chasing the account etc etc. Not heard anything from them in over a year, then the letters from Cabot. So I sent the bemused letter to Cabot in response to them writing to me saying that they had my account now. I also enclosed a telephone complaint letter at the same time as they are calling all the time. They responded to my letter of complaint, saying they were looking into it, the calls stopped for a short while but have now started again. They have not responded to my letter saying that the account is in dispute, instead they have sent me a letter saying that I have not contacted them at all and that they will have to " move my account to the next stage". So they are pretending they didn't get my letter - even though it was signed for and they have responded to the letter that was enclosed with it... Any ideas if I should write to them again and tell them that I know they got my letter and ask when are they going to respond to it? Or should I do something else? Any help greatly appreciated as always!

Can I just check - is the account in dispute if they have refused to send the CCA (Citi put in writing that they won't send it) or would you have had to actually send then an account in dispute letter? Can I send a bemused letter to Cabot if I did not send Citi an account in dispute letter?

I don't usually jump on other threads but this seams to be relevant to quite a few of us at the moment - as mentioned in GeoffreyAlby's thread, it seams that Citi are having a clear out. So hope no one minds me joining onto this one. I have also had a letter from Cabot. I am one of those that had a letter from Citi a year ago saying that they were returning my £1 paid in relation to a CCA request as " We have to inform you we are under no obligation to comply with a request for a copy of your agreement under the Consumer Credit Act as we no longer have a contractual relationship with you, not are we seeking to enforce any agreement against you. Your right to be provided with this information from Citi ended with the closure of your account." So I have never had a copy of my CCA. But i never put the account in dispute either - by letter.... I had a baby shortly after that letter got to me and then after that I put all my efforts into avoiding court with another creditor... Can anyone confirm for me what I should be doing now - as I did not put it in dispute - should I ask Cabot for my CCA?

Hi everyone, I have been thinking a lot about whether to fight the £100 or not and i think i'm just going to sign this now. I really appreciate your advice but I am tired of fighting to be honest. I totally agree that i should not have to pay it and my husband also wants me to contest it but i actually think it is a minor miracle that they have agreed to drop their costs even... I know that with other people on this forum they have not dropped them so that is at least something. I am hoping i will get into employment soon and can get a decent amount to pay off per month agreed with them and that's that. This has been a total nightmare and such a constant worry. Good point about the direct payment etc, i will make sure i get the bank details etc. Thank you so much to everyone who has helped me along the way - especially CitizenB. This forum really is worth it's weight in gold. I will be back to let you know if i get the job i am going for tomorrow! Oh and i have a few more battles to fight with other creditors too yet, so you have not seen the last of me! Take care for now.

Hi, I have had a response to my letter in regards to the Tomlin order. They have agreed to drop the costs!! Yay! Apart from the £100 for issuing proceedings. They have also amended part 3 of their schedule. I have attached copies. Please can you let me know your thoughts on this? Is it ok to sign do you think? The court has also granted another stay of a month. I am looking for a job so that is why they want to review it in six months etc. Fair enough i think but i am still a little wary of what amount they may set... I have a second interview for a job this week, i am really hoping to get it. If i do then i will ask that the Tomlin Order be redone on the basis of my new wages / outgoings etc. But i just don't know if i will get it, or if i will know if i have got it in time ( before the stay is up...) Many thanks Scan 101160006.pdf Scan 101160005.pdf Scan 101160004.pdf

Thank you for your input everyone. I will make the couple of small changes etc and get it in the post. Will keep you posted as ever. Thanks again.

Hi everyone, This is my first attempt at a response to the Tomlin Order i have been sent. Any advice in making my point hit home would be much appreciated!! Thanks Thank you for letter dated 14 April 2010. I was pleased to finally have a response from you in regards to attempting to resolve this matter out of court. However I cannot agree to the Tomlin Order you enclosed with your letter. I do not agree to pay costs as I have on multiple occasions offered to make monthly payments of approximately £20. You or your client could have at any point accepted this without the need for litigation. It was your choice to take legal proceedings and to incur costs. I will, as I have said many times before, pay £20 a month towards the outstanding amount of £xxxx.xx and not the amount you have quoted in item 2 of your Schedule that includes your costs. I also require clarification of item 3 of your Schedule. There has to be a figure stated that I am to pay after the six months of paying £20 a month ends. The vagueness of item 3 makes the Tomlin Order pointless as it should resolve matters and clarify each parties standing. As it is currently written, you are at liberty to seek judgment against me at any time you see fit, by making demands of monthly payments I could not possibly afford. I ask you to drop the request for your costs and to amend item 3 of your Schedule.

Thanks, i will draft something and post it up as soon as i can.

Good morning. Ok so i have had a Tomlin Order from Shoosmiths this morning. They have worded it in such a way that it is very dodgy indeed. Basically they want me to pay their costs - £658 and then £20 a month for six months - ie what i have been trying to pay them for over a year. BUT then it says that after the six months of £20 per month ends " the defendant shall pay such future payments as the bank requires for the following period of six months" What! Oh yeah i am really going to agree to that... They could ask for £1000 a month or something! So advice and thoughts please, i am so annoyed that they have done this, i have offered them £20 a month for so long and don't see why i should pay their costs at all. And no way am i agreeing to that Tomlin Order as it stands.... Many thanks in advance