Santander - Harrassment!

nickdj

Long story short. My wife has a car on loan and her repayments went from £97 per month to £197 per month. A few months ago I lost my job and she was made unemployed.

As a result we couldn't meet our creditors demands and contacted them to advise.

Santander have been written to 3 times advising that we cannot pay them anything near the amount they are asking for. They have refused to take any offer of repayment we have made.

Foolishly my wife has been trying to meet their demands rather than sticking to her guns and making payments we can reasonably afford.

My wife is now getting two phone calls a day asking is she has £100. She advised every time that she hasn't got the money. They always hang up on her rather than resolve the issue.

I am not sure but this seems to me to be harrassment. I am sure this breaches FSA guidelines in some way.

http://www.fsa.gov.uk/Pages/Library/Communication/PR/1999/099.shtml

Should she threaten action action against them and if so what should she do? Some of the stuff said on the phone by Santander is scandalous. One person said "can you pay by credit card?".

If it's not harrassment it's certainly bullying as she is being felt she has to make rash decisions. Do you think a 'subject access request' and a copy of phone calls a good idea? I think there is a clear case for unfair treatment.

I keep saying to her to let them take her to court as the most they will get is what she can afford (i.e. next to nothing!)

She has managed to find a 16 hour a week night job as a result of the pressure she is being put under.

Any sugeestions please?

zppp

nickdj wrote: »

Long story short. My wife has a car on loan and her repayments went from £97 per month to £197 per month. A few months ago I lost my job and she was made unemployed.

As a result we couldn't meet our creditors demands and contacted them to advise.

Santander have been written to 3 times advising that we cannot pay them anything near the amount they are asking for. They have refused to take any offer of repayment we have made.

Foolishly my wife has been trying to meet their demands rather than sticking to her guns and making payments we can reasonably afford.

My wife is now getting two phone calls a day asking is she has £100. She advised every time that she hasn't got the money. They always hang up on her rather than resolve the issue.

I am not sure but this seems to me to be harrassment. I am sure this breaches FSA guidelines in some way.

http://www.fsa.gov.uk/Pages/Library/Communication/PR/1999/099.shtml

Should she threaten action action against them and if so what should she do? Some of the stuff said on the phone by Santander is scandalous. One person said "can you pay by credit card?".

If it's not harrassment it's certainly bullying as she is being felt she has to make rash decisions. Do you think a 'subject access request' and a copy of phone calls a good idea? I think there is a clear case for unfair treatment.

I keep saying to her to let them take her to court as the most they will get is what she can afford (i.e. next to nothing!)

She has managed to find a 16 hour a week night job as a result of the pressure she is being put under.

Any sugeestions please?

A SAR will not get a copy of the phone recording, she can write to request any transcripts of recorded conversations. A letter can be sent to the company requesting no further telephone contact, someone may be able to help with a template.

Re the repayments, on HP, it is much different. They are able to reposess the item on HP, so recuced payments may not be a good idea. Has your OH got advice from National Debtline or the CAB regarding the debt?

Tixy

Hi

If you haven't already then start by sending the telephone harrasment letter - http://forums.moneysavingexpert.com/showpost.php?p=11571485&postcount=4

If that doesn't work the report them to the OFT and OFCOM. You could report them anyway for being in breach of the OFT debt collection guidelines but you'll probably have most success by sending that letter.

mjm3346

Send the letter and in the meantime get caller id and/or answerphone and don't speak to them.

nickdj

I contacted CCCS in regards to the problems I had and used the details provided to create a letter advising all income and expenditures. They just sent the same automatic letter saying they didn't accept.

She is trying to sell the car as a result but with two small children it's difficult.

It appears they are unwilling to come to any agreement. They just call the house phone twice a day and causing stress, guilt, and all the stuff that goes with being in financial trouble.

She thought the car was on HP when she got it. She exchanged the car with 'Ford' and rather than use HP they made it a loan. She didn't really understand and just went with everything the sales person said. I recon they took advantage of her gender/understanding.

I am appauled by the treatment she has got especially as I took time an effort to explain everything clearly in the letters we sent them.

Tixy

Its not right (or fair) but whilst ever she is talking to them on the phone and they feel like they are getting somewhere (bullying her, scaring her etc) they are likely to continue calling.

If they ring up in future can you tell her not to confirm her personal details with them/answer security questions - that way they won't be able to discuss the account with her. That should stall them until they receive that letter.

nickdj

Good advice, thanks.

I've set up the answerphone to record their messages. At least she can decide if to answer or not.

Will also use the advice to ensure she doesn't confirm any 'data protection' details. She can confirm her name but maybe she should give the wrong Date Of Birth/stall and throw them off at bit.

I'll also get a letter out to them and take this further. I think the mother-in-law is phoning them tomorrow but doubt they will do anything.

I am surprised that they treat people this way. I work for Zurich/Capita and have a basic understanding of the FSA and way we have to treat customers. Can't see why they can get away with it.

bengal-stripe

nickdj wrote: »

A few months ago I lost my job and she was made unemployed......

That was a few months ago.........

nickdj wrote: »

She has managed to find a 16 hour a week night job....

nickdj wrote: »

I work for Zurich/Capita.....

..........but now your financial situation has improved.

Apples2

Two phonecalls a day seems a bit paltry to me.

Inconvenient of course, but a mile away from harassment, let's not forget the simple fact that they ARE trying to contact her to reclaim monies legally owed. I can't see anything wrong with them chasing you.

It would be a crazy World if we could all stop repaying our debts and simply have no contact from the lenders at all. Of course they will try, and keep trying until they get their money.

She has managed to find a 16 hour a week night job as a result of the pressure she is being put under.

I can't help but hope that was badly worded