SANTANDER car loan issues- being nasty - now sold to bluestone/close credit management?

[allison6564]

can't take the credit dx it's OR's letter but just changed it a bit xx OR gets the credit and agree he is fab at letters x

[theoldrouge]

just head it FORMAL COMPLAINT,in the OFT overarching principles leave out -and yourselves, in the para about anglia add this lead to me feeling intimidated and threatened (2b) I would still be inclined to address and send it to ana botin

[theoldrouge]

yes on reflection send to both why not

[theoldrouge]

almost forgot, dont forget to enclose the copy of their letter of may 8

[theoldrouge]

ok,

suggested holding letter to blues addressed to whoever replied to you

- head it ACCOUNT IN CONTINUING DISPUTE

- Thank you for your letter dated........,the contents of which have been noted.

 

I note from your reply that you accept that there was

and is a continuing reasonably queried and disputed debt concerning my account.

 

I further note that you are failing in your obligations as assignee and creditor

(as confirmed in the High Court in the case of Jones v Link Financial)

by being either unwilling or unable to fully investigate my complaint by liasing with Santander Consumer Finance. (SCF).

 

I therefore had no alternative other than to lodge a comprehensive final formal complaint with SCF on October 21st.

As you will be well aware they have 56 days in which to respond.

 

Turning to your reply I note that you now claim that your letter dated........

,which was addressed to myself, and QUITE CLEARLY states,the vehicle model registration no......

.as being capable of repossession by yourselves with a court order,

was in fact meaningless, an excuse I regard with disdain.

 

Furthermore I note that you have not commented on your employee

(despite your company having been informed since 23/07/2013 that all contact was to be in writing only)

who phoned at 8.05am on 8/8/2013

and when told in writing only replied

"that is not going to happen, you will contiue getting calls-you must have a record of this call, as indeed I do.

 

I therefore consider a mere apology to be totally inadequate,

given the huge amount of distress that this matter has caused myself and my family.

 

Therefore on receipt of anything other than a positive response from SCF to my formal complaint,

I will be forwarding a complaint to the Financial Ombudsman Service involving both yourselves and SCF.

 

In the meantime, as you have accepted this to be a reasonably queried and disputed debt,

all collection activity on my account must cease until this dispute has been fully resolved.

 

I trust that this clarifies my position,

 

Yours

[allison6564]

HUGE tahnks OR ...all done and posted...will let you know what happens x

[allison6564]

Well got in tonight and two missed calls and a message from someone called Govina

and she said she was from Satan's and was ringing in relation to my letter and can I ring her back.

 

 

Now I'm not sure but think that Govina was the name of the person who wrote from Bluxxxx...

 

 

will have to check in the morning when I'm in the office.

 

 

I know your going to say not to speak to them on the phone

 

 

but what do you think I should do.

 

 

..this is the fastest response from them yet!

 

 

Thanks

[Wooks001]

Doesn't that fact worry you, they want to talk but without any proof.

Stick to written letters, and don't trust them an inch.

[allison6564]

Oh yes it worries me I've been caught out before and don't think I will ring her was just posting to get Old Rouges thoughts xx

[theoldrouge]

nothing on the phone Allison, if you answer at home and its satans just say-due to your companies previous behaviour towards myself it upsets me too much to discuss this on the phone,so I wish to deal with this in writing only.-dont want to give them any opportunity to twist your words

[allison6564]

Hope this works

Need you again Old Rouge what should I do know??? Sent to the fos?

[theoldrouge]

Yes Allison def joint complaint Satans and Blues to the fos.

 

 

Satans reply was totally disingenuous.

 

 

Ive just looked again at their letter of May 8th

and how anyone would believe that they weren't after repo of the car,

(even bluestone realised this) only after the arrears-pathetic excuse.

 

 

When you send to the fos include a screenshot of anglias home page(specialist vehicle repo agents).

 

 

The fos will consider this against the oft debt collection guidelines,

so include all correspondence,

emphasise your fear at losing your car together with as a result your income.

Include a copy of your SAR highlighting all the mentions of surrendering your car.

 

 

Keep to each point that we raised which broke the oft guidelines.

 

 

Also emphasise the enormous amount of time that you had to spend in researching

the correct legal position of satans letter of May8,

include all correspondence sent to satans and blues

[dx100uk]

can we see a scan of the may letter please

 

 

dx

[allison6564]

No problem here's the letters from both Satans and Anglia from 8th May

[allison6564]

This is going to take me some time to sort out and get ready for the FOs etc

 

 

should I write to Bluxx and Satans and let them know I am referring the matter to the FOS.

 

 

In doing this will they have to still hold any action as the account is still in dispute?

 

 

I also got a letter from Bluexxx Fri just saying that they are holding all action until Satans get back to me etc.

[dx100uk]

oh dear satan have dropped a bowlard there.

 

 

Anglia haven't

 

 

dx

[theoldrouge]

yes the point to make to the fos is the immediate use by satans following their letter of may8 of anglias services-rapid vehicle repo- scared you to death

[theoldrouge]

This is going to take me some time to sort out and get ready for the FOs etc

 

 

should I write to Bluxx and Satans and let them know I am referring the matter to the FOS.

 

 

In doing this will they have to still hold any action as the account is still in dispute?

 

 

I also got a letter from Bluexxx Fri just saying that they are holding all action until Satans get back to me etc.

 

Just write a brief letter to blues headed

-Account in Continuing Dispute

 

-Due to what I consider to be your unsatisfactory responses to my complaints,

I am today referring my complaints against both yourselves and Santander Consumer Finance to the Financial Ombudsman Service

 

.I fully expect that all collection activity on my account to remain on hold until the fos fully

determine the outcome of my complaints.-Yours-

 

--- and a brief letter to satans fully rejecting their reply to your complaints

and informing that you are today referring the matter to the fos for their determination

[allison6564]

Yes will start on it all in the morning been busy at work today.

 

I am going to send to the FOS as I really believe the way it has all been handled is so wrong..

.they really are just bully,s but realistically what can I expect to happen?

 

At the end of the day I do owe the money etc and financially I just can,t pay the monthly payments.

 

I offered the £200 per month as my mother in law was going to pay it to stop me having my car taken away

but now that we have clearly established that they cannot do that I don't want her paying it as it seems wrong.

[theoldrouge]

The fos will decide on the fairness of how you have been treated and hopefully award redress for the way it's been handled,

for distress caused and your time spent on research.

 

And don't start worrying again,

 

at the end off the day bluestone are no different than your other creditors

and will only be able to have what your I&E says they can have,

don't forget it's only a personal loan

[theoldrouge]

the more you read satans reply, you realise they didnt answer your complaints but

, like blust just try and absolve themselves with excuses which would stretch anyones imagination.

 

However bear in mind that they are not judge and jury,

only the fos will decide judged against each of the oft guidlines

and at least they now will have to pay a case fee.

 

The "we sent you a threatening letter but only half of it applied to you" is plainly ridiculous,

as was blues "it was only a pretend letter".and dont forget to enclose anglias homepage that you linked to in post 28

and link it to satans letter of may8

[bessie73]

The stupid thing is that if Satans had just let you pay £200 per month, like you offered, you would have paid nearly £2000 to them by now.

[allison6564]

Well update on this one.

 

The FOS rang on Fri and

 

they are not upholding my complaint..

 

..shocked and didn't,t really take in all she said

 

but they're going to follow up in writing so can digest then.

 

Will have to get in touch with Blxxxxx

 

and send them an I and e with payment offer.

[dx100uk]

not yet you wont

await the letter and scan it up please

[Wooks001]

Don't give up yet with the FOS, I didn't and got them to change their mind.

The general view of the FOS is that before they take action, you must be in a worse position than if the creditor had behaved themselves.

 

Post up your letter when it arrives and let the guys have a chance to read it before you rush into anything.