DWF Santander arrears letter.

[Dark Globe]

Hi, First of all a big thank you to all on this forum. Following advice on here I have, so far been able to deal with the county court letters I have received.

This time I am unsure what to do though.

I have an existing ccj fron Santander from 2009. I have been making monthly payments to dwf as per the arrangement.

I received a letter from dwf saying I am one payment behind and giving me bank details and a reference to make the payment to.
This letter does not mention an account number.

I checked my bank and I have made the payment as usual. The reference I used was the original account number this doesn't seem to have been a problem before.

I am not sure if dwf have made a mistake, changed the reference or a trying to chase me for a different Santender account as I have had accounts in the past with Abbey that were transferred to Santander.

Most of my paperwork was lost when I lost my house in 2011 so it is difficult for me to verify anything.

Any advice as to how I should proceed would be greatly appreciated.

Thanks for reading.

Dark Globe.

[nemesis45]

Re: DWF Santander arrears letter.

Hi, First of all a big thank you to all on this forum. Following advice on here I have, so far been able to deal with the county court letters I have received.

This time I am unsure what to do though.

I have an existing ccj fron Santander from 2009. I have been making monthly payments to dwf as per the arrangement.

I received a letter from dwf saying I am one payment behind and giving me bank details and a reference to make the payment to.
This letter does not mention an account number.

I checked my bank and I have made the payment as usual. The reference I used was the original account number this doesn't seem to have been a problem before.

I am not sure if dwf have made a mistake, changed the reference or a trying to chase me for a different Santender account as I have had accounts in the past with Abbey that were transferred to Santander.

Most of my paperwork was lost when I lost my house in 2011 so it is difficult for me to verify anything.

Any advice as to how I should proceed would be greatly appreciated.

Thanks for reading.

Dark Globe.

Hello Dark Globe

Is this DWF the law firm.

CEO Andrew Leitherland?

Not the first " account mix up"!

Personally I'd be on the phone first thing tomorrow morning evidence of payment in hand!

Is this only account you are currently paying DWF for?

nem

[Dark Globe]

Re: DWF Santander arrears letter.

Hi nem, thanks for the quick reply.

Yes it is DWF the law firm. And it is the only account I am currently paying them for.

I would probably write rather than phone as it gives me a paper trail if it all goes pear shaped.

Its the fact that they have a ccj that concerns me most as I don't want them trying to enforce it if they think I haven' t made a payment.

Dark.

[nemesis45]

Re: DWF Santander arrears letter.

Hi nem, thanks for the quick reply.

Yes it is DWF the law firm. And it is the only account I am currently paying them for.

I would probably write rather than phone as it gives me a paper trail if it all goes pear shaped.





Its the fact that they have a ccj that concerns me most as I don't want them trying to enforce it if they think I haven' t made a payment.

Dark.

Quite right to be concerned about the CCCJ!
Is enforcement mentioned in their letter?

nem

[Dark Globe]

Re: DWF Santander arrears letter.

Hi nem,
Enforcement isn't mentioned and to be honest I'm not entirely sure they are even aware there is a ccj on the account.

[Berniethebolt]

Re: DWF Santander arrears letter.

Just a quick question, when was the CCJ granted?

I am guessing you have few/no assets . Are you working?

All pertinent questions under the circumstances

While I agree that written communication is best and some people would skin me alive for saying it, I can not see a problem with a phone call as long as you record date/time/name and follow it up with a letter. It might just relieve the anxiety or at worst give you a heads up as to what it is about

[Dark Globe]

Re: DWF Santander arrears letter.

Hi Bernie,

Thanks for your reply.

The ccj was originally granted in 2008.

I have no real assets and no longer own a house. It was sold, ironically, by Santander for about 40k less than I owed on it.

I am currently working, but only just earning enough to scrape by.

Dark.

[nemesis45]

Re: DWF Santander arrears letter.

Hi nem,
Enforcement isn't mentioned and to be honest I'm not entirely sure they are even aware there is a ccj on the account.

Was DWF the solicitor involved in the Claim?

nem

[Dark Globe]

Re: DWF Santander arrears letter.

Hi nem,

No it was Santander's soliciter. Chafes. I'm not sure when it was taken over by DWF, at least a year ago as thats the earliest bank statement I have.

[FlamingParrot]

Re: DWF Santander arrears letter.

The ccj was originally granted in 2008.

I have no real assets and no longer own a house. It was sold, ironically, by Santander for about 40k less than I owed on it.

From what you say above the house was repossessed in 2011 so the CCJ wouldn't be for the shortfall. Are they chasing you for it? Because if they are, you could challenge the amount you allegedly owe.

I am currently working, but only just earning enough to scrape by.

If you can no longer afford the repayments on a CCJ you can apply for a variation of the instalments by submitting an N245 with your financial details to the court.

I realise none of the above were the subject of this thread as such but both are relevant to your overall financial situation such as you describe it here.

[FlamingParrot]

Re: DWF Santander arrears letter.

While I agree that written communication is best and some people would skin me alive for saying it, I can not see a problem with a phone call as long as you record date/time/name and follow it up with a letter. It might just relieve the anxiety or at worst give you a heads up as to what it is about

We don't skin people alive here, we are beagles who bark very loudly but don't usually bite. :beagle::beagle::beagle:

There is a time and a place for everything. In some cases a phone call can, indeed, sort things out much more quickly, especially when you just want to ask a question or request something they can easily provide you with (such as a copy statement or a date) or when you want advice regarding how to do something. If things don't get resolved quickly, you can always follow up with a letter referring them to your phone call. :typing:

[Berniethebolt]

Re: DWF Santander arrears letter.

If you look at national debt line
https://www.nationaldebtline.org/EW/...s/Page-05.aspx

it suggests that once the CCJ has been in operation for 6 years they would have to return to court for permission to enforce-just how likely this is or how likely it is that permission would be granted i have no idea but maybe that will put your mind at rest and could be an avenue you could investigate .

[FlamingParrot]

Re: DWF Santander arrears letter.

If you look at national debt line
https://www.nationaldebtline.org/EW/...s/Page-05.aspx

it suggests that once the CCJ has been in operation for 6 years they would have to return to court for permission to enforce-just how likely this is or how likely it is that permission would be granted i have no idea but maybe that will put your mind at rest and could be an avenue you could investigate .

Although that factsheet is not specific about that point, the 6 years refers to cases where the creditor has not taken any action to enforce the CCJ and you've not been making payments into it. If you are paying the agreed instalments, the creditor has no cause to apply to the court to enforce the judgment - other than securing it via a charging order, which they can do with post-Oct 2012 judgments over £1k, even if you keep up the repayments.

In any case, a creditor would always have to apply to the court to enforce a judgment, they can't just send bailiffs or request an attachment of earnings order without a court order to do either. What happens is that, after 6 years, if the creditor has received no payments and hasn't attempted to enforce either the court may well refuse to grant the order sought to enforce the CCJ.

- - - Updated - - -

In this case Dark Globe HAS been paying their CCJ so the six year principle wouldn't apply.

I have an existing ccj fron Santander from 2009. I have been making monthly payments to dwf as per the arrangement.

[Berniethebolt]

Re: DWF Santander arrears letter.

I know, I have researched this quite heavily and have always found conflicting evidence even from the creditors but I am not sure I would personally try this tack unless i was in dire straights

As always it was not advice , just something to think about

[Dark Globe]

Re: DWF Santander arrears letter.

Hi all,
Thanks for all the replies.

The ccj was for a car loan thatI took out when I was earning enough money to afford it. Serious illness and redundancy in 2008 changed my financial situation drastically and I am still trying to get things back on track.

Santaander did enforce the ccj by obtaining a charging order on the house I owned at the time. The house was repossessed, also by Santander but from their mortgage department, not via the charging order. It seemed like a case of the right hand not knowing what the left hand was doing.

I expect this information confuses rather than clarifies the situation but it might help to show why I am unsure where I stand.