Wescot/santander/IVA/payments

miaboo

Long story sorry! 
Husband has been in an IVA for 6 years, final payment was December 2024 so just waiting for the completion paperwork. We had a joint bank account that we owed an overdraft on, The IVA was contributing to this on my husbands behalf and I had/have a payment plan set up with wescot. 
Received a letter today saying that santander have sold the debt to cabot in November, cabot say wescot are still dealing with it so I'm to carry on my payment plan, they also sent one for my husband but surely he doesn't need to pay as the IVA have included this and have been paying Santander directly.

My questions are: 

Can I do a irresponsible lending complaint to Santander still even if they have sold this on ( they saw we were never out the overdraft and it was unaffordable but never helped)

Would it affect the IVA completion if I did this as I'm the one left with the remaining debt anyway 

Do cabot/wescot accept final settlements if I were to offer something 
The balance is £1000 

If I continue to pay wescot monthly will they decide its not enough and send a baliff round 

If you have read this far Thank you 😊 

sourcrates

Yes get your complaint in pronto.

No, one is nothing to do with the other.

Yes they do, start low, you can always increase your offer.

Wescott do not own your debt, so can`t do anything, no one "sends a bailiff round", there is a legal process to go through, you must first be found liable, have a CCJ awarded against you, then fail to pay it, even then no one will be knocking on your door, please don`t listen to scare stories.

miaboo

sourcrates said:

Yes get your complaint in pronto.

No, one is nothing to do with the other.

Yes they do, start low, you can always increase your offer.

Wescott do not own your debt, so can`t do anything, no one "sends a bailiff round", there is a legal process to go through, you must first be found liable, have a CCJ awarded against you, then fail to pay it, even then no one will be knocking on your door, please don`t listen to scare stories.

Lovely Thank you, we've worked so hard to pay the IVA off and just want this one gone now, like I knew the debts caused my anxiety but since the IVA finished my mood really lifted and getting this letter instantly set the questions off again! 
Do I do the irresponsible lending to Santander directly, in the same envelope today was 2 letters one from Santander saying they had sold the debt and 1 from cabot saying it was there's 

sourcrates

Even though Santander have sold the debt, you are making a complaint about events that took place whilst they were the creditor, therefore they have a duty to investigate your complaint themselves.

Now ideally they should take the debt back from Cabot whilst they do this, that is the protocol for this type of thing.

You may want to mention that in your complaint.

If you want conformation on guidance, you can call the financial ombudsman helpline and run the whole thing past their call handler, they should confirm that is the case.

Call our helpline

Our phone lines are open between 8am and 5pm, Monday to Friday. At times, you might need to wait to speak to someone. Mondays are usually our busiest days – so if you can, please call on a different day to avoid longer waiting times.

0800 023 4567

Send us an email

If you have an enquiry about a complaint you have sent in, but do not yet have an investigator allocated to your case, send us an email quoting your case reference number. 

Please note this email address is not for legal correspondence. If you need to send legal documents, speak to the investigator assigned to your case.

complaint.info@financial-ombudsman.org.uk

miaboo

sourcrates said:

Even though Santander have sold the debt, you are making a complaint about events that took place whilst they were the creditor, therefore they have a duty to investigate your complaint themselves.

Now ideally they should take the debt back from Cabot whilst they do this, that is the protocol for this type of thing.

You may want to mention that in your complaint.

If you want conformation on guidance, you can call the financial ombudsman helpline and run the whole thing past their call handler, they should confirm that is the case.

Call our helpline

Our phone lines are open between 8am and 5pm, Monday to Friday. At times, you might need to wait to speak to someone. Mondays are usually our busiest days – so if you can, please call on a different day to avoid longer waiting times.

0800 023 4567

Send us an email

If you have an enquiry about a complaint you have sent in, but do not yet have an investigator allocated to your case, send us an email quoting your case reference number. 

Please note this email address is not for legal correspondence. If you need to send legal documents, speak to the investigator assigned to your case.

complaint.info@financial-ombudsman.org.uk

 Thank you, you've been very helpful, will the fact I've been paying wescot for 6 years be an issue 

sourcrates

No you have an absolute right of complaint if you are unhappy with any aspect of how the bank has treated you.

miaboo

sourcrates said:

No you have an absolute right of complaint if you are unhappy with any aspect of how the bank has treated you.

I've just tried looking at my credit file as the overdraft was listed as a default back in 2019, it says account closed and I can't find any defaults listed, is that because they have sold it to someone else or because the IVA that my husband had are in the process of dishing out all the final payments for everything and writing the balances off? 

sourcrates

Default markers stay on file for 6 years regardless of any other events happening, the IVA is not connected to this event in any way, shape or form, the debt may have been sold, or it may just be the 6 years have expired.

miaboo

sourcrates said:

Default markers stay on file for 6 years regardless of any other events happening, the IVA is not connected to this event in any way, shape or form, the debt may have been sold, or it may just be the 6 years have expired.

The IVA have been paying Santander as well as me, so just wondered if it's closed due to them or cabot taking over and if it says closed do I still need to pay

sourcrates

If it was a joint debt, you are both jointly and severely liable for the money.

The IVA is paying his share, they can chase you for yours, are they doing so currently?

Rob5342

miaboo said:

sourcrates said:

Even though Santander have sold the debt, you are making a complaint about events that took place whilst they were the creditor, therefore they have a duty to investigate your complaint themselves.

Now ideally they should take the debt back from Cabot whilst they do this, that is the protocol for this type of thing.

You may want to mention that in your complaint.

If you want conformation on guidance, you can call the financial ombudsman helpline and run the whole thing past their call handler, they should confirm that is the case.

Call our helpline

Our phone lines are open between 8am and 5pm, Monday to Friday. At times, you might need to wait to speak to someone. Mondays are usually our busiest days – so if you can, please call on a different day to avoid longer waiting times.

0800 023 4567

Send us an email

If you have an enquiry about a complaint you have sent in, but do not yet have an investigator allocated to your case, send us an email quoting your case reference number. 

Please note this email address is not for legal correspondence. If you need to send legal documents, speak to the investigator assigned to your case.

complaint.info@financial-ombudsman.org.uk

 Thank you, you've been very helpful, will the fact I've been paying wescot for 6 years be an issue 

Having paid Westcot won't make any difference however the length of time that has passed since the event you complained about occured does have a bearing. Debt Camel is very good for this kind of thing.

https://debtcamel.co.uk/get-refund-overdraft/