Voluntary Termination - Replacement wing mirror query

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

Hi Stoke, looks exactly the same as mine except a different sum. It looks as though it's an automatic letter triggered somehow, I queried this with Santander and they got back to me pretty quickly saying it was in error. Would suggest checking your credit file as well to see if the outstanding balance is still on there and it matches up with that amount on the letter.

I sent a letter explaining why are they alleging I am in arrears of the sums in the letter as the agreement had been terminated any attempt to lodge a default will be met with an application to the court for breach of data and accurate processing. Also got them to update the credit file as was still showing as outstanding balance, gave 7 days to comply and they did.

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Hi R0b,

I checked my credit file and the agreement is showing on there albeit with a balance of £1100, which is wildly different to the £2079 in my letter, and also a figure I don't believe I owe :S

This is the letter I am considering writing based on your comments, does it look ok?:

Dear Sir/Madam,

I am writing to you in response to your letter dated 13th May 2016 in which it is alleged I am in arrears with yourself to the sum of £2079.17.

Could you please advise why you are alleging I owe yourseves £2079.17, as the agreement was voluntary terminated two months ago, and I fully met all requirements as confirmed by your call centre agents. I made 50% of payments and made the car available for collection, and this was done on 21st March 2016. As the agreement has been terminated since 7th March 2016, any attempt to lodge a default will be met with an application to the court for breach of data and accurate processing.

I have also checked my credit file and this is showing an outstanding balance of £1112, which again is not something I recognise or believe I owe. Can this also be updated please as no balance showed be owed.

Please could you comply within 7 days of receipt of this letter to avoid any further action taken as specified above.

Kind Regards

XXX

Hi Stoke, looks exactly the same as mine except a different sum. It looks as though it's an automatic letter triggered somehow, I queried this with Santander and they got back to me pretty quickly saying it was in error. Would suggest checking your credit file as well to see if the outstanding balance is still on there and it matches up with that amount on the letter.

I sent a letter explaining why are they alleging I am in arrears of the sums in the letter as the agreement had been terminated any attempt to lodge a default will be met with an application to the court for breach of data and accurate processing. Also got them to update the credit file as was still showing as outstanding balance, gave 7 days to comply and they did.

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Well a flurry of activity since I sent that post. Within 5 minutes of posting it, I received a phone call from the Santander complaints department to say they were looking into the letter I sent that stated I wouldn't be paying the £70 fee. I then mentioned the £2079 letter I received, she seemed to think it was a mistake but she would add it to the complaints file for investigation. Because of this i didn't send the letter I drafted in the previous post.

Then, yesterday morning I received a letter (dated from before the phone call with the complaints team) saying that they were willing to drop the amount owed from £70 to £35 if i paid within the next 7 days. This is despite previous letters insisting they would be sending me to the "litigation department" by the end of April had I not paid. Seems like they are very unsure of their footing and as far as I am concerned are very much now discredited in their attempts at chasing payment!

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

Hi Stoke,

Sorry for not getting back I've not been online much over last few days - the £2k+ will be a mistake and they'll wipe it off, as for the collection fees, again they can't force it on you and as much as they'll want to send it to the litigation department they will just write it off - not commercially viable to sue you in court for a lowly sum of 35 quid. Just keep telling them your not paying it. I suspect the outcome of your complaint will be that they have investigated and will not uphold yor complaint, which will be their final decision and then you can complain to the Ombudsman.. By that point as soon as the Ombudsman writes to them I will suspect they will drop it write to you confirming thats the case.

They may just write it off in the final letter but I'd be surprised if they did

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Hi,

Sorry for not updating sooner. As suspected Santander have refused my complaint. My biggest issue now is they have slapped a Default on my credit score which has massively dented my previously unblemished credit score, which I am most upset about.

I guess my next course of action is to write to the Ombudsman. I take it this can also help get the default removed? Is there any advice and guidance you could offer in writing to the Ombudsman at all?

Regards,

StokeUK

Hi Stoke,

Sorry for not getting back I've not been online much over last few days - the £2k+ will be a mistake and they'll wipe it off, as for the collection fees, again they can't force it on you and as much as they'll want to send it to the litigation department they will just write it off - not commercially viable to sue you in court for a lowly sum of 35 quid. Just keep telling them your not paying it. I suspect the outcome of your complaint will be that they have investigated and will not uphold yor complaint, which will be their final decision and then you can complain to the Ombudsman.. By that point as soon as the Ombudsman writes to them I will suspect they will drop it write to you confirming thats the case.

They may just write it off in the final letter but I'd be surprised if they did

[MIKE770]

Re: Voluntary Termination - Replacement wing mirror query

as long as the default is an accurate event/situation then it will stay

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

as long as the default is an accurate event/situation then it will stay

Hi Mike the default is incorrect, it relates the agreement is terminated and I presume the default relates to the collection fee.

Sokte, have they removed the £2,000+ off your credit file or is that still on there? If so, are you certain this is incorrect?

If so, the only fast way to have this removed is for a letter before action sent to their complaints and registered office where their legal team may be. Court action would only be the fastest way you can of course go down the Ombudsman but that will take some time and so might the ICO but they may not understand. It is damaging to your credit file now and swift action should be taken but you could go the other routes if you want - jsut expect it to take longer.

The default cannot be applied because it does not relate to the monthly instalments and the collection fee falls outside of that remit, not to mention that the agreement is terminated so they cannot apply a default when there is no outstanding arrears.

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Hi R0b,

Yes the £2000 has been removed from my file, and the account this is in reference to is listed as "Closed" now but showing an outstanding balance of £70. There are no open credits on my account at all relating to any loan whatsoever. So if this Default is related to the £2000 they incorrectly charged me, I guess a talk to Santander first may just clear this up?

Regards,

Mario

Hi Mike the default is incorrect, it relates the agreement is terminated and I presume the default relates to the collection fee.

Sokte, have they removed the £2,000+ off your credit file or is that still on there? If so, are you certain this is incorrect?

If so, the only fast way to have this removed is for a letter before action sent to their complaints and registered office where their legal team may be. Court action would only be the fastest way you can of course go down the Ombudsman but that will take some time and so might the ICO but they may not understand. It is damaging to your credit file now and swift action should be taken but you could go the other routes if you want - jsut expect it to take longer.

The default cannot be applied because it does not relate to the monthly instalments and the collection fee falls outside of that remit, not to mention that the agreement is terminated so they cannot apply a default when there is no outstanding arrears.

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

I suspect the default will more than likely relate to the £70 if that is still outstanding and not the £2,000 if its been removed. You could try talking to Santander but they might not have authority to do so.

I think your options would be as mentioned above, but feel free to contact Santander in the first instance if you like.

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Thanks yet again R0b. Do you have any templates or advice at all for the letter before action? i'll get this written first thing and sent immediately to get this resolved.

Stoke

I suspect the default will more than likely relate to the £70 if that is still outstanding and not the £2,000 if its been removed. You could try talking to Santander but they might not have authority to do so.

I think your options would be as mentioned above, but feel free to contact Santander in the first instance if you like.

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

Hi Stoke, I'll try and dig out a copy of the letter I wrote to santander as a starting point

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

28 June 2016

Dear Sir / Madam,

LETTER BEFORE ACTION: BREACH OF DATA PROTECTION UNDER A HIRE-PURCHASE ARGREEMENT NUMBER [NUMBER] (the “Agreement”)

It has come to my attention that Santander has applied a default on my credit report under the Agreement mentioned above, despite the fact that the Agreement had been terminated on [DATE]. As I understand, the default appears to relate to a charge of £70 for a collection fee that was levied by Santander. As a result of the default, my credit rating has significantly decreased resulting in problems obtaining credit.
I must point out that Santander has no legal authority to place a default marker on my credit file for the cost of the collection fees of £70. This is because:

1. The collection fee did not form any part of the credit or the monthly instalments which was borrowed under the Agreement; and

2. The Consumer Credit Act 1974 explicitly states that contractual terms which impose additional liability where a debtor has terminated the agreement under section 99 of the Act shall be void and unenforceable.

Therefore, Santander is reporting data that is inaccurate and not up to date, in breach of Principle 4 of the Data Protection Act 1998. You will be aware that a breach such as this is actionable in which damages can be sought due to the negative effect of a person’s credit rating, as highlighted in the recent Supreme Court case of Durkin v DSG Retail Ltd.

In the circumstances and in the interest of avoiding further costs by both parties, I am prepared to take no further action provided that Santander within the next 7 days removes the default from my credit report.

If I do hear back from you by [4pm on 5 July 2016], I shall have no choice but to issue proceedings against Santander for an order to remove the default. Please note that once proceedings have been issued, it is my intention to seek damages and any costs incidental to the application.

I look forward to hearing from you in due course.

Yours faithfully,

[NAME]

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

R0b,

Thank you so much for this, I shall write to them immediately using your text and report back. I take it you found yourself in an identical situation to myself then with a default which you soon sorted? Was there any further developments after sending the above letter?

Stoke

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

Only as identical as the inaccurate amount shown on my credit report which was the balance remaining before I VT'd similar to when they had 2k on shown on yours. Fortunately I spotted it before they could issue any default and I used the letter similar to above and they wrote back within the 7 days to say the balance had been removed and the agreement marked as closed.

They didn't actually put one on there but it might have been the next step!

I would perhaps suggest you email your letter to their complaints team at customerrelations@santanderconsumer.co.uk and then at the bottom say you have sent a copy in the post, the posted letter might filter it's way to someone sensible enough to say remove the default.

If not then your only other option is to bring a claim to court. In terms of damages I would imaging the range would be about £150-500 but much more likely to be on the lower end of that scale closer to the £150 mark, plus an order to remove the default from the credit file.

I suspect if it goes to that stage they wouldn't want to waste money employing a litigation solicitor defending it and are more likely to just settle at that point. I'd be surprised if they did though as it wouldn't be commercially viable to defend it all for the sake of 70 quid.

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Thanks very much, have submitted the letter via email and send a copy by post yesterday so should be with them today no doubt. Will let you know how this story goes!

Only as identical as the inaccurate amount shown on my credit report which was the balance remaining before I VT'd similar to when they had 2k on shown on yours. Fortunately I spotted it before they could issue any default and I used the letter similar to above and they wrote back within the 7 days to say the balance had been removed and the agreement marked as closed.

They didn't actually put one on there but it might have been the next step!

I would perhaps suggest you email your letter to their complaints team at customerrelations@santanderconsumer.co.uk and then at the bottom say you have sent a copy in the post, the posted letter might filter it's way to someone sensible enough to say remove the default.

If not then your only other option is to bring a claim to court. In terms of damages I would imaging the range would be about £150-500 but much more likely to be on the lower end of that scale closer to the £150 mark, plus an order to remove the default from the credit file.

I suspect if it goes to that stage they wouldn't want to waste money employing a litigation solicitor defending it and are more likely to just settle at that point. I'd be surprised if they did though as it wouldn't be commercially viable to defend it all for the sake of 70 quid.