Ccj

2plus4 · 15 February 2018 at 3:18AM

I have lost my job due to ill health and had two loans with Santander. I contacted them to explain situation. They agreed to take back both items and I had to pay up until the half way balance of both loans. It was £2777 on one and £1830 on rhe other. After filling out an expenditure form, it was agrred £50 to each every month. I was doing this by phoning Santander each month and saying I have two agreements with you. I want to pay £100 and that be split £50 to each agreement.
I then receive a letter from the scottish courts saying Santander where taking me to court regarding payments.
When I called Santander to ask about this, they where anything but helpful. They said something about it not being enough each month to clear it off. They had also just put the £100 into the one account a few months without splitting it. This now looked as though I hadn't made payments to one.
I was really distressed by this and asked what she wanted me to pay each month. I got a reply of it's too late now it's been taken to court but to remember they can see I own my house and that they can come after that. I have never been in this situation ever in my life. I have always tried to do the right thing and never live outwith my means. I had to say I'm ending the call now because I feel very threatened by her last comment.
I have now received a letter to say I have now been issued a Scottish decree to stay on my records for 6 yrs.
Please can someone advice me as to how I can get this removed especially since I have always accepted liability and said I will continue to pay untill it was cleared.
I said I would pay £100 to each in the begining but tgey said because of my income, they would not be allowed to accept that amount. I feel as though I'm between a rock and a hard place.

[Deleted User] · 15 February 2018 at 10:38AM

If you gave them a statement of accounts and they saw that you could pay more than £100 per month then that is there right to demand the extra be paid.

How was the £100 being paid? Direct Debit? Standing Order? Manually?

Smevchenko · 15 February 2018 at 10:54AM

!!! wrote: »

If you gave them a statement of accounts and they saw that you could pay more than £100 per month then that is there right to demand the extra be paid.

The OP states that they refused to accept a higher payment due to the income

msallen · 15 February 2018 at 12:19PM

Smevchenko wrote: »

The OP states that they refused to accept a higher payment due to the income

Really, where do they say that?

ashe · 15 February 2018 at 1:31PM

I read that as they wouldn't accept £100 due to the money available.

2plus4 · 15 February 2018 at 11:38PM

Thanks for your reply.
I sent in an expenditure form. They said because of the deficit they would only accept £50 each account which I payed by bank transfer every month.

2plus4 · 15 February 2018 at 11:50PM

I say this on the last paragraph regarding them not willing to accept any more.
Can I just say, I apologise if I am being over sensitive here but it has taken a lot for me to ask for this help. I'm sorry if I haven't made it clear.
Thank you

ashe · 16 February 2018 at 12:50AM

If you're paying by bank transfer you must have to put a payment reference in, which will allocate it to an account automatically. No one would be manually spiting the payment which is where I presume this trouble has arisen from?

nic_c · 16 February 2018 at 8:44AM

So you say you phoned each month to say pay £50 on each, but also mention a bank transfer. Does this mean when you phoned you had already transferred or you paid over the phone. If its the latter then they have not done what you requested and simply taken a payment for one. If it's the former then it looks like a misunderstanding. As stated, when you transfer you put a reference number in and it gets paid into that one account, the other won't get credited. If you are phoning up each month, what did you say, and what did they say? Was there no mention that one account was not receiving any money? Or did you phone up a few times and then afterwards simply do the bank transfers?

It's trying to find out what you did exactly and did not do, also what you were told - this is different to what you believe you were doing. There needs to be a reason to set aside, and "thought" they were being split won't help. It's a question though, of what communications santander did before the decree.

Ccj

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