Section 75 Claim

heckmondwike06

I worked for a well known plc who by accident overpaid me a month's salary. I never checked, I know it sounds daft but true.

They then put on a debit recovery agency on to me who called me persistently, house phone, mobile and so for 3 days!

I agreed to pay half of what I owed them as a full and final settlement.

I paid that amount on a credit card with Santander. They sent me a letter a couple of days later saying that it was not a full and final settlement and whilst debt was settled, it would still be showing on my credit file as a "partial settlement".

I complained to them and my complaint was upheld. They apologised and said they have not advised me correctly and they take responsibility for that.

Armed with these letters I contacted Santander who said I was not covered by Section 75 because "no services were provided" I argued that a service of settlment of debt is still being provided.

What should I do with Santander? Whats best way to approach them to win this case?

They can chargeback this company and get their money back if they have made a mistake.

Thoughts please?

StopIt

But..what was the complaint?


You partially settled the debt with your F&F and it was marked correctly. As long as the creditor agrees to take no further action that's exactly correct. You can't have your credit history marked as fully settled without paying a debt off in full.


Also, if you do a S75, you'll then owe the money again. What are you looking for out of this?


Edit: Cross posted as above.

Ebe_Scrooge

This is nothing to do with S75.


Firstly, if you were overpaid you should have noticed. The company have every right to request a repayment - mistakes happen.


I can't believe they passed it straight on to a debt collection agency - they would have tried to contact you in the first place and arrange a repayment arrangement.


I have a feeling there's more to this than you're telling us ...

heckmondwike06

There's no more to this than what I am telling you. Even if there's no Section 75 claim, I am only paying back half of what I owed

StopIt

heckmondwike06 wrote: »

There's no more to this than what I am telling you. Even if there's no Section 75 claim, I am only paying back half of what I owed

But where's the complaint? On what grounds do you think you have a complaint?


And how would taking the money back not reset the debt? We're certainly missing that detail.

jonesMUFCforever

The first words written by OP 'I worked' as opposed to 'I work' says a lot.

glentoran99

StopIt wrote: »

But..what was the complaint?


You partially settled the debt with your F&F and it was marked correctly. As long as the creditor agrees to take no further action that's exactly correct. You can't have your credit history marked as fully settled without paying a debt off in full.


Also, if you do a S75, you'll then owe the money again. What are you looking for out of this?


Edit: Cross posted as above.

Care to place a wager on that?