Santander's Alliance & Leicester of £100 per month regarding OH's personal loan

[spiritgirl59]

Hello everyone

 

Hope you are all well - its been a while since I posted as all has been quiet for us until now

 

3 years ago my OH agreed a repayment schedule with Alliance & Leicester of £100 per month regarding a personal loan as he was struggling to afford the full monthly repayment of over £150. There have been no problems until now.

 

However, since Santander took over A&L this account has been passed to Santander collections & recoveries who are refusing to accept the repayment schedule agreed by A&L .

 

They have now sent a default notice, a "termination of your Personal Loan agreement with Santander" and a letter advising they are going to register default information with credit reference agencies etc.

 

My OH is furious, he does not dispute he owes the debt and has been paying it off regularly.

 

He telephoned them to see why they would not accept the £100 and they said it was not their policy (!)

 

They told him on the phone they are sending the debt to an outside agency and he will have to come to a fresh agreement with that DCA however "if he wants to" he can just leave the £100 monthly standing order to A&L in the meantime as the repayments "will reach Santander" (!)

 

What kind of an outfit are they running??? :?

 

Needless to say he has left the S.O. in place as he wants to pay the debt off as quickly as he is able, but he feels this treatment is very unfair. We have not heard from any DCA and what's more, Santander have refused to tell my OH which DCA he will be hearing from - only that the debt has been passed to one!

 

What I can't understand is why they would sell or pass this on, when they are getting a reasonable monthly repayment anyhow?

 

Has anyone any advice on how to deal with these pillocks?

 

Many thanks in advance

SG

[Hardupnotfedup]

They are using scare tactics in my opinion, but at the same time they are hedging their bets as to what you might do, just carry on as normal until you hear different or a DCA contacts you. Have you had any Default notices, keep the envelopes if any arrive, keep records of any payments.

[cerberusalert]

If they've sent you a Default Notice & termination Notice can you scan them and post them up after removing identifying deatils?

[cerberusalert]

You should also send a CCA request to see whether the agreement is enforceable; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[loopinlouie]

They are the most unreasonable people I have ever spoke to. They contradict themselves, dont liase within their own depts (one being what they insisted was a seperate dca agency but actually them all along )and are rude whilst in my case pretended to be nothing to do with abbey it was then, but owned by santander at the time. They did not want their behaviour linked to santander untill I questioned why the addresses were the same and they admitted it.

 

They misold me a loan and I was pressured into it and fell for it due to health issues. They didnt even want the money back and instead let the account default.

 

I think they are ****.

 

Please keep a recording if you call as they have a habit of denying previous advice and better still write instead.

 

To be honest if you are paying that ammount you stated, they should be damm well grateful and stop being so bleeding greedy. A court would if it got to that and probably wont, in any case only make you pay what you can afford and as they are getting such a large ammount, they might even set less to pay. So dont be intimdated by threats. xx

Edited March 6, 2010 by loopinlouie

[loopinlouie]

Sorry was having a little rant there, but the dca dept of santander is like hitting a nerve in a tooth for me

 

Hope you get it sorted xx

[harrassed senior]

I think perhaps it is the information to be placed on your OH's Credit Files that is also causing you anguish?, have you checked previously to see if there is anything already on there?

[spiritgirl59]

Hello everyone

 

Many thanks for your replies.

 

Cerberusalert - we went down the CCA path with the help of CAG 3 years back and Shoosmiths (Solicitors for A&L)eventually provided a valid CCA as I had it extensively checked on here under another thread - but thanks for the tip ! There's not a lot left to pay off on the loan now which is another reason why my OH is so mad with Santander - if they just left things as they are, it would be paid off in a matter of a few months.

 

harassedsenior - his credit file is shot to pieces anyhow unfortunately, so he's not worried about the additions from Santander. We had a load of debt problems 3 years ago and were being hounded by various DCAs. A&L was the only one to provide a valid CCA interestingly! We managed to get a great deal of help from this site about the whole upsetting situation, the help made us stronger, and will always be grateful for that.

 

loopinlouie - I know how you feel. We would never normally speak on the phone to any DCA etc., but my OH thought it was worth a call in this instance. They weren't rude as much as just uninterested and unhelpful, but the call was a waste of time

 

I'll keep you posted! Thanks again everyone.

 

Love SG x

[cerberusalert]

They have now sent a default notice, a "termination of your Personal Loan agreement with Santander" and a letter advising they are going to register default information with credit reference agencies etc.

Can you post them up?

[spiritgirl59]

Can you post them up?

 

LOL I'm having a bit of techno trouble :grin:

 

Please bear with me - I'll post them up as soon as I can!!

 

Love SG x

[spiritgirl59]

Here goes,

 

I hope you can see these OK :-

 

 

http://i191.photobucket.com/albums/z212/Spiritgirl_2007/scan0003.jpg

 

http://i191.photobucket.com/albums/z212/Spiritgirl_2007/scan0002.jpg

 

http://i191.photobucket.com/albums/z212/Spiritgirl_2007/scan0001-1.jpg

 

What do you think?

Love SG x

[cerberusalert]

It's a bit small but after a struggle it seems as if the notice is not dated & they stated that they give you 24 days to remedy. If it's not dated 24 days from when? It should also be date specific... just stating within 24 days doesn't cut the mustard.

[Mrs E Blackadder]

Don't know if it's just me not understanding something, but how can they issue a default notice when no-one has defaulted? Could that be used against them in some way? Just a thought

[loopinlouie]

I had the same both not sent out date specific. They also use ukmail which in one case took ages to arrive and I rang them to say why not send first class on such an important document, to be told wether you receive it or not we class date of issue and mention on computer as that you have received it.

 

So even when told default not legal, they didnt care and still carried on with termination again sent snail mail:cool:

 

Told them therefore I consider the agreement unlawfully resinded and ilegal, they said not.

 

Simple tip, I write date received on envelopes as they arrive as have memory problems.

[spiritgirl59]

No, the Default Notice is not dated, and neither was the envelope it arrived in !!

 

Sorry the images are so small - try as I might I couldn't get them to show properly - the images were either that size or absolutely HUGE lol

 

Mrs Blackadder - the default is supposedly because my hubby is not paying the full amount he should be each month. They are quoting the "arrears" figure in everything they write, which is actually the remainder he would have paid to date if he had been paying in full each month, if you know what I mean.

 

They are a pain in the backside! All was going so smoothly until this, and I have to say A&L were much easier to deal with even though I know a lot of folk don't rate A&L's customer service.

 

Love SG x

[cerberusalert]

In that case the DN is defective & they have unlawfully rescinded the agreement so legally all they are entitled to are the arrears at the time of the default.

[loopinlouie]

Thats what I thought.

 

Spiritgirl, I believe you have to inform them that you accept the fact they have resinded the agreement for the records. I did by letter and phone and they asked what was a resinded agreement:rolleyes: I said one that means even though you ripped me off, your actions have meant you can only go for arrears etc untill ilegal default. Their dcas said I was talking poop.

[fuzzybobble]

Well if you get a default notice like I got, then it will be improperly served, due to not giving an actual date to rectify. Seen a few of them on here recently. I'm waiting for them to send me a termination notice any day now, then I can hit them with an unlawful recission of account notice.

 

I'm holding off posting my Santander thread until I hold all the good cards, but I will post you a link to it as soon as it's on here. Hopefully it will be in a couple of days time.

 

If you get a DN from Santander, keep the envelope it came in, as they send them by TNT mail that takes at least 5 days to reach you.

[cerberusalert]

No, the Default Notice is not dated, and neither was the envelope it arrived in !!

Keep the envelope, it'll probably be UK Mail or TNT with a bid S on it referring to 2nd class mail.

[fuzzybobble]

I'm amazed creditors haven't caught onto the DN thing yet. Seems to be taking a bit longer than I thought it would. Seems like they're too busy trying to grab our cash to notice that their legal documents are correct. You'd think they would be checking it all after they found out their CCA's were unenforceable.

 

Banks, etc. So greedy they're blind to the obvious mistakes in their business plan, and they moan because we're now taking control of it all. They are the first to cry foul, even though they haven't been playing by the rules since 1974.

[cerberusalert]

That's what happens when they employ Paralegals rather than fully qualified Lawyers. What's the saying? If you pay peanuts you employ monkeys.

[oxford10]

They have done this to me as well My loan was with A&L and now transferred to santander the letters all seam to say the same!